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46 Q&A related to ethical legal

Insuring fairness in genetic testing | Law | 09-2011
Your question concerns an interesting, multifaceted, serious legal and ethical problem, as yet unresolved here in Canada. On the one hand there s the issue of life and disability insurance, ...

Mid-air Samaritans and the law | Law | 09-2009
You re asking about the position of the Good Samaritan Physician in mid-air. To the best of my knowledge, no doctor has ever been sued for performing voluntary emergency services ...

Painful prescribing dilemma | Law | 06-2009
I assume the problem is that this patient is only coming to you to get a prescription, and not to become your patient or to obtain a second opinion. Your ...

Avoid the temptation to over-prescribe ADHD meds | Psychiatry | 11-2008
If the teacher is pushing you to prescribe more stimulants for a child, he or she obviously feels that the treatment isn t working. The best thing to do in ...

When to stop CPR | Law | 08-2008
The physician must consider what's in the best interest of the patient. As lawyers, we suggest that people express their wishes regarding extraordinary medical treatment with written directives and have ...

Dicey STI disclosure | Law | 07-2008
The individual's right to privacy and your duty to maintain confidentiality are of prime importance and everything possible must be done to preserve them. There are situations, though, where other ...

What if a patient wants to keep drug use out of the chart? | Law | 05-2008
The patient's chart is confidential, which makes me wonder why he's so concerned about noting drug use. Perhaps once he understands that the contents of the chart won't be revealed, ...

Meet the Workmen's Comp challenge | Rheumatology | 03-2008
The question is whether this patient's condition is related to his job or is in fact indicative of a different underlying disorder. Your description of punctuate calcification, swollen hands and ...

Legal duty to follow up on test results | Law | 01-2008
The Code of Ethics of Physicians stipulates that you consider first and foremost the well-being of your patient and that you practice medicine competently. It must be assumed that if ...

What gifts is it OK to accept? | Law | 12-2007
Your question asks when does a gift of appreciation for services rendered become payment or a bribe in order to receive future preferential treatment This is considered an especially serious ...

What gifts is it OK to accept? | Psychiatry | 12-2007
Often, patients want to give gifts to their physician to thank them for their care. In cases of illness and health, people have quite intense and emotional feelings, particularly if ...

Are varicose veins an occupational hazard? | Legal | 11-2007
The Workplace Safety Act of Ontario defines an occupational disease either as one listed in schedules, which form part of the legal statute, or as a disease peculiar to, or ...

Banning the sale of cigarettes in pharmacies | Legal | 10-2007
As you probably know, in Newfoundland, the Tobacco Control Act does prohibit the sale of tobacco products in pharmacies. Most other provinces have similar legislation. The exceptions are British Columbia, ...

When GP and specialist-on-call disagree | Legal | 10-2007
The CMA Code of Ethics specifies that a physician must consider above all else the well-being of his patient and provide for appropriate care. In the scenario above, this is ...

Could camera phones provide incriminating evidence? | Legal | 09-2007
The right to privacy is entrenched in the Quebec Charter of Rights. You have the right to refuse to be photographed. Your patient has the same right. If a photo ...

Bacterial endocarditis: antibiotics or not? | Infection | 12-2006
Endocarditis, like many conditions where antibiotic prophylaxis is used, is often a matter of continual debate. The infection is actually quite uncommon after minor surgical or dental procedures in patients ...

Are release-of-information forms dangerous? | Legal | 09-2006
A patient relinquishes his right to privilege when he consents to the release of information contained in his chart. Consequently, any information found in that chart would have the same ...

DNR: how to start the dialogue | Legal | 06-2006
I interpret your question to mean approaching a patient of sound mind to inquire whether or not he wishes to consent to a DNR order. A physician's obligation is to ...

Appendicitis: imaging vs clinical examination | Imaging | 05-2006
This is an interesting query to be sure, although one that may be quite difficult to answer when looking at patients presenting to modern emergency departments ED in larger centres. ...

Organ donor liability | Legal | 01-2006
There shouldn't be a liability on the part of the donor if the organ is found to be amp quot defective. amp quot This isn't to say, though, that one ...

Can pain meds prompt permit suspension? | Legal | 09-2005
If, in your opinion, the patient is suffering from a condition that may make it dangerous for him to operate a motor vehicle, you must report this to the Registrar. ...

Diagnosis: error | Legal | 08-2005
I assume it was the Glasgow Coma Scale reading that led to the diagnosis of sleep attacks. The question then becomes should you have waited for the toxicology results before ...

Lawsuits over COX-2 inhibitors | Legal | 06-2005
To reply to the first part of your question, I think you must find out exactly which drugs have caused what damage and at what doses. Rofecoxib may be off ...

Lawsuits over COX-2 inhibitors | Rheumatology | 06-2005
This question has obviously been a central topic for a while now, given the recent developments in the COX-2 field. The U.S. Food and Drug Administration advisory meeting has made ...

Must life-saving Tx for suicides be enforced? | Legal | 06-2004
It's your legal, as well as ethical, obligation to provide any patient with the best care possible. You can't, however, do this without his or her consent. The exception is ...

When can you discharge a drunk from the ER? | Legal | 04-2004
Is your drunk abusive and violent, necessitating police intervention is he impaired will he leave and get into his car, get into a fight, pass out on the street In ...

DVT and long flights: what's the evidence? | Hematology | 03-2004
Air travel, especially long flights over 3-5 hours is a risk factor for venous thromboembolism VTE . The increased risk, however, is small. The majority of people who experience VTE ...

Informed consent: always get it in writing? | Legal | 12-2003
In Ontario, the Health Care Consent Act states that consent to treatment may be expressed, either verbal, written or implied, and the physician can decide which one to accept. The ...

Physician discrimination against HIV+ patients | Legal | 09-2003
Unfortunately, I can't answer the statistical part of your question. But this reluctance to treat must still exist among physicians, or lawyers wouldn't be writing articles about the legal implications. ...

Legality of secretly giving a placebo | Legal | 04-2003
This is a difficult situation. Let's look at the legal consequences first. The Supreme Court of Canada says that a physician is in a position of trust and confidence, so ...

Should airline pay "Good Samaritan" on flight? | Legal | 11-2002
I wasn't able to find any provision of law or precedent in reply to your question. This may be because, as I'm informed by those involved in the industry, physicians ...

DOCTOR WON'T RX THE PILL: ANY RECOURSE? | Legal | 09-2002
To the best of my knowledge, there's no legal recourse for people who can't obtain oral contraceptives due to the religious beliefs of their physician. As is the case with ...

CAN KIDS UNDER 16 BE SEEN ALONE? | Legal | 02-2002
Your question touches on two areas of law the capacity of a minor to consent, and the need to protect a child from physical and emotional harm. Decisions concerning children ...

MORNING-AFTER PILL: GET WRITTEN CONSENT? | Obstetrics Gynecology | 09-2001
In a perfect world, we'd get signed consent for most procedures and treatment programs we prescribe. In the real world, however, this doesn't happen. I feel that informed consent, with ...

MENTAL ILLNESS GETS THE AXES | Psychiatry | 05-2001
The five axes were set up to facilitate multidimensional diagnostic assessments. Axis 1 refers to clinical disorders and other conditions that may be the focus of clinical attention. This includes ...

ENDOMETRIOSIS EVEN AFTER TOTAL HYSTERECTOMY? | Obstetrics Gynecology | 09-2000
Major gynecologic surgery for endometriosis is often reserved as a last resort for women who fail either medical management or conservative surgery. If they undergo a hysterectomy, it's recommended that ...

PSYCHOTICS BEHIND THE WHEEL | Psychiatry | 12-1999
People who are actually psychotic shouldn't be allowed to drive. Psychotic illnesses can impair judgement, interfere with someone's ability to concentrate or lead to recklessness or uncontrolled aggressiveness. Delusional ideas ...

HOW VALID IS ABSTINENCE TESTING IN SUSPENDED DRIVERS? | Gastroenterology | 11-1999
Unfortunately, there's no reliable test to check for abstinence. Mild liver enzyme changes don't necessarily reflect alcohol intake, although a sudden rise in AST or GGT would indicate recent consumption. ...

PRESCRIBING STEROIDS TO "BULK UP": IS IT LEGAL? | Legal | 10-1999
The Controlled Drugs and Substances Act prohibits trafficking, importing, exporting and producing anabolic steroids -- but it doesn't prohibit possession. To get a prescription, a patient also has to inform ...

SHOULD I WARN ABOUT THE WARTS? | Legal | 06-1999
You're absolutely correct in stating that the husband's confidentiality can't be breached. At the same time, though, you're in a conflict-of-interest situation, since the wife is also your patient -- ...

DOES CONFIDENTIALITY CONTINUE AFTER DEATH? | Legal | 08-1998
I presume you are asking this question as an individual and not as a representative of an institution, in which case the Freedom of Information Act would apply. Although you ...

CAN VIOLENCE BE PREDICTED? | Psychiatry | 06-1998
Not very good at all. Still, we do have a legal duty not only to try to predict violent outbursts but also to take action to warn those in danger ...

CAN YOU WARN THE POTENTIAL VICTIM OF YOUR PATIENT? | Legal | 03-1998
You are asking if you have a amp quot duty to warn. amp quot The rule that protective privilege ends where public peril begins is gaining increasing acceptance, from both ...

PEDIATRIC DONOR ORGANS: A CHRONIC SHORTAGE | Pediatrics | 06-1997
Most organ donors have died tragically as a result of accidents. As society has a moral obligation to minimize accidental death, the shortage of organ donors can be viewed as ...

COKE SCREENS: A FLAW IS THE LAW | Obstetrics Gynecology | 06-1995
There are two aspects to this question. Statistics on cocaine use depend on the population. Just as we can screen the newborn urine for maternal cocaine, we could also screen ...

JUST "THE PILL" PLEASE! | Obstetrics Gynecology | 08-1994
There are two parts to this question the medical issue and the ethical one. As usual, they are interrelated. Medical rules of practice recommend that if a woman is sexually ...



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