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25 Cards in this Set
- Front
- Back
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When does a report need to be filed within? |
30 days |
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The Council is composed of: |
9 persons who are members elected in acordance with by-laws 7 persons appointed by lietenant governor in council who are not members, members of council or members of the college. |
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British Columbia is regulated under what? |
Regulated under the Health Professions Act (and was previously under the Chiropractors Act) *BC Chiros can order MRI's. |
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What is Tort Law? |
*EXAM When an injured person is to obtain compensation from the accused who caused the injury. - amounts to falling below standard of care. |
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Tort VS Criminal |
*EXAM Tort - one individual sues another individual for harming them for money (plaintiff VS. Defendant) Criminal - state prosecutes and individual on behalf of society |
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What is Tort Vs. Regulatory? |
*EXAM Regulatory - Quasi public - when the college represents the publics interest. college prosecutes the member based on complaint, punitive so can lose liecnse, no monetary compensation. |
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Tort VS. Contact |
*EXAM Tort - no existing, no prior agreement Contact - ill performed duty arising from a pre-existing or private agreement. |
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Negligence |
conduct that falls short of what a reasonable person would do to protect another individual from harm. Main ones are breach of standard of care and causation* |
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Apportioned damages |
damages can be divided by multiple individuals that were involved - caused or contributed to the injury. |
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What are the 2 main defences? |
Contributory negligence: partial defence, apportioned of damages (for example the plaintiff contributed to the negligence because they weren't wearing a seat belt when someone hit them) voluntary assumption of risk: complete defences, the plaintiff accepted the risks --> for example at a ski resort, bungee jumping, sky diving etc. |
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Vicarious liability |
secondary liability where the superior is responsible for the acts of the subordinate. |
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If there are multiple defendants what principle will be used? |
Material contribution and NOT the "but for" principle. |
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when was the consent process not very developed? |
1980 |
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What is PHIPA and PIPEDA? |
introduced to protect a patients health records either paper or electronically. health care providers and institutions must follow certain guidelines when collecting, using and sharing info. |
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Health information custodian |
Person or organization that has custody/ control over personal health records (Example: chiropractor or receptionist) |
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Superior Court |
Jurisdiction over matters governed by Canadian and Ontario statutes. |
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Ratio Decidendi |
short synthesis of the courts application of rules to the facts of the case - the take home message. |
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What is a Conditional sentence? |
Serving time in the community with conditions rather than in prison. |
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What was the first regulation chiropractors were put under? |
The Drugless Practitioners Act (1925) |
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Schwartz review |
conducted by Alan schwarts - a review for Canadian gov't for what health professionals should be regulated, providing structure for all regulated health professionals etc. |
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Common Law |
Canada* Stare Decisis: like decisions follow like decisions. judgements are based on earlier judgements follows the local system |
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Civil Law |
Quebec* Predominant law of the world Codified law - follows a bunch of codes. |
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Code 265 |
person commits assault without consent of the other person |
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Code 271 |
A person commits sexual assault and can be imprisoned for no more than 10 years or no less than 18 months. |
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Ratio Decidendi VS. Obiter Dicta |
Ratio - take home message from the court Obiter - Said by the way |
