Accountability in Health Care: The Legal Framework
 
  • Introduction: the role of the legal system in health care delivery
• Provincial and Federal divide and its impact on the legal framework
• Types of health care providers
• Corporate status of hospitals
• Accountability and LHINs
• Directors’ roles and duties
• Individual and institutional liability
• Accreditation and licensing
• The hospital as commercial contractor
• The role of the CCAC
• Other actors/agents in the community with fiduciary responsibilities
• Affiliation and partnership agreements
• A right to health care: what is covered, and what’s not?
   
 

Module 2 - February 10, 2011

9:00 a.m. – 4:30 p.m.

 
Consent and Capacity
 
 

• Information about and access to health care: the impact of the informed

  consumer
• What is valid consent?
• Informed consent
• Withdrawing consent
• Documenting consent: best practices
• Right to refuse treatment
• Assessment of capacity
• Substitute decision makers: what’s the ranking order?
• Dealing with complex ethical situations
• Consent & capacity in a mental health setting
• The interplay between the civil and criminal systems
• Consent and capacity – a clinician’s perspective

• End of life issues
• Reproductive choice issues
• Human subjects research and consent

   

Module 3 - February 17, 2011

9:00 a.m. – 4:30 p.m.

 
Medical Malpractice: Theory and Practice
   
 

• Medical malpractice case law review: what kinds of cases are on the

  rise?
• The standard of care – what is the current legal standard of care in a

  malpractice suit?
• Breach of the standard of care
• Causation
• Assessing damages – are awards going up?
• Defences to a malpractice claim
• The importance of documentation – charting essentials
• Disclosing adverse events
• Apology legislation and its implication
• The rising spectre of class actions
• Overview of the litigation process
• Mock examination for discovery
• Mock trial – witness cross-examination

   
 

Module 4 - February 24, 2011

9:00 a.m. – 4:30 p.m.

 
Health Information, Privacy and Security
 
   

• Overview of the law relating to the privacy of health information
• What is the circle of care?
• Hospital information sharing agreements
• Privacy challenges in the wider health care community
• Privacy, public health and pandemic planning
• Working within the legal framework: how do you get your transactions

  done – what are the practical considerations?
• The challenges posed by new technology

     
 

Module 5 - March 3, 2011

9:00 a.m. – 4:30 p.m.

 

Regulation of Health Care Professionals and Other Legal                    Issues Affecting Health Care Providers

    • Role of the Colleges/ processes before the Colleges
• Health Professions Appeal and Review Board
• Health Services Appeal and Review Board
• Public Inquiries
• Coroners’ Inquests
• Human rights challenges
    - end-of-life issues
    - human reproductive issues
• Collaborative care
     
     

Module 6 - March 24, 2011

9:00 a.m. – 4:30 p.m.

     
Health Care Risk Management: Current and Emerging                         Issues and Practices
 
   

• The key fundamentals of a risk management system
• Operational Risk Management and Enterprise Risk Management
• Community health care and risk management: special considerations
• Responding to risk in specialty areas
    - Obstetrics
    - Acute/Critical Care
    - Occupational Health and Safety
    - Health Records
    - Pharmacy
    - Infection Control and Pandemic Planning
    - Food Services
    - Environmental
• Staff safety and patient safety
• Audits and safety inspections – what you should expect
• Health care insurance – what is available?
• Post-incident reviews
• Pandemic planning
• Emerging issues: what’s new, and what’s coming next?

     

Note: There will be a take-home assignment at the end of this module.