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Legal Issues in Transfusion Medicine Transfusion Medicine Residents Tutorial

Legal Issues in Transfusion Medicine Transfusion Medicine Residents Tutorial. Judie Leach Bennett Executive Director, Legal & Risk Management Canadian Blood Services. Law 101. Division of Powers Federal Provincial Sources of Law in Canada

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Legal Issues in Transfusion Medicine Transfusion Medicine Residents Tutorial

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  1. Legal Issues in Transfusion MedicineTransfusion Medicine Residents Tutorial Judie Leach Bennett Executive Director, Legal & Risk Management Canadian Blood Services

  2. Law 101 • Division of Powers • Federal • Provincial • Sources of Law in Canada • Constitution, including the CanadianCharter of Rights and Freedoms • Statutes and regulations • Common law

  3. Canadian Charter of Rights and Freedoms • Forms part of the Constitution • Therefore all laws in Canada must be consistent with it • The Charter applies only to state action • Does not apply to actions between individuals • Ex. Freeman case – Section 15 (discrimination)

  4. The Charter and Health Care • Several cases have applied the Charter in health related situations. The cases bring up several issues: • Do we have a right to health care? • Do we have a right to pay for it? • When can the government take our DNA, and for what purpose? • What does equal access to health care mean?

  5. Federal Regulation FOOD AND DRUGS ACT

  6. Provincial Legislation • Privacy • Public Health Acts • Laboratory • Registered Health Professionals • Hospital Legislation • Health Care Consent • Quality of Care Legislation

  7. Common Law • What is “common law”? • Judge-made law • System of rules based on precedent • It cannot be found in any “code” or “legislation”…only in past decisions • Flexible and adaptable to changing circumstances • Tort (negligence, duties and standards of care) is developed by common law decisions • “Common law” and “Civil Law”

  8. Relevant Tort Duties • Duty of care - proximity, policy considerations • Duties owed to blood donors • Duty to inform and to obtain consent • Duty of confidentiality and donor privacy • Duty to notify of positive test results • Duty to refer, follow-up • Lawful discrimination • Stewardship • Duties owed to recipients • General duty to avoid harm (physicians, manufacturers) • Duty of disclosure / duty to warn • Duty of confidentiality

  9. Medical-Legal Issues • Solicitor-client privilege • Record keeping • Apology legislation • Insurance implications • Absence of blood shield/no-fault legislation

  10. Blood-related Research • Research ethics • Consent • Access to research material and information • Intellectual property law

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