Medico-legal matters
All articles listed under "Medico-legal matters" category
Physicians should use their professional judgment when determining whether a virtual assessment, an in-person assessment, or a hybrid of both is best for individual patients.
An update on the evolving rules and processes around MAID.
End-of-life treatment decisions can be difficult for both physicians and patients, but many issues can be avoided by following the key concepts outlined.
For many physicians, a regulatory authority (College) complaint is stressful, but can be managed by speaking with the CMPA, assessing the complaint, and responding professionally and respectfully.
Advice for Canadian doctors on how to prepare an expert opinion report.
Reporting obligations when a patient presents with a workplace injury.
A discussion of physicians’ obligations when certifying a patient’s death.
If physicians have reason to believe a child is in need of protection, they are responsible for informing the appropriate authority in a timely manner. Planning what to say to the family is important.
Answers to questions physicians have been asking about the use of AI scribe services
Typically, civil legal actions launched against physicians are initiated by a patient alleging negligence in care, but there are variations to this scenario that can result in more complex litigation involving multiple parties and claims.
When physicians offer a clinical comment or opinion that will be relied on to care for a patient, they may owe that patient a duty of care—even if they have never met the patient in person.
A review of the legal duties and ethical considerations for physicians to report their reasonable concerns about the professional competency, conduct or behaviour of another physician to health care institutions/hospitals, public health officials or regulatory authorities (Colleges).
Advice for physicians when a patient presents with an emotional support animal or requests a letter supporting their use of an emotional support animal.
An overview of a physician's duty to maintain confidentiality and protect the privacy of patients' personal health information in instances of disclosure requests from third parties, including the police or other authorities.
Becoming familiar with the processes for legal proceedings and College complaints and knowing where to get support can help put medical-legal difficulties into perspective and alleviate emotional stress for physicians.
How to respond when you are asked to provide information about another healthcare professional
A subpoena or summons to witness requires the person named to attend the court, tribunal, commission, inquiry, inquest or military board proceeding or hearing named in the subpoena.
Physicians can benefit from an early understanding of the potential benefits and challenges that AI brings to patient care, and the possible medical-legal risks associated with using AI technologies.
A complaint to a medical regulatory authority (College) initiates a process that warrants a physician's attention and timely response.
Consulting physicians may be expected to provide appropriate advice to referring physicians even when their facility cannot accept the patient.
The increased availability of genetic testing raises a number of medico-legal questions that physicians should consider.
The courts expect physicians to provide appropriate care to patients, making effective use of available resources.
A look at what’s involved when testifying as a treating physician, independent medical evaluator, or expert before a court, College, or administrative tribunal, and suggestions to do it confidently and effectively.
The legal right to be treated fairly, known as natural justice, can have a huge impact in administrative proceedings against physicians (e.g. College or hospital proceedings).
Dealing with the stress of a College complaint is easier when a physician understands the complaint process and receives support, advice, and coping strategies from the CMPA.
Physicians named in a hospital complaint can feel reassured that due process exists and will be followed, and that the CMPA is available to help.
Answers to key questions about providing abortion care to American citizens following the overturn of Roe v. Wade
When treating non-resident patients, Canadian physicians are advised to ensure they have adequate liability protection.
Tips for physicians to help prevent drug diversion and related unlawful prescription activity, and avoid potential medical-legal difficulties.
Physicians should understand the role of coroners and medical examiners in Canada,
and how and when to provide information to them.
How doctors can help protect their information technology systems from cybersecurity threats and what they should do in the event of a cybersecurity incident.
Explanation of physicians’ mandatory and discretionary obligations to report patients who have a medical condition that may make it dangerous for them to drive.
Actions physicians can take to mitigate potential risks of using patient portals to communicate clinical information with patents.
Changes to the Criminal Code have raised the age of consent for sexual activity. Physicians should be guided by legislation in each province and territory on their duty to report such activity to the appropriate authorities if there are reasonable grounds to believe the child is being abused.
Physicians providing emergency care as good Samaritans often have questions about their legal and ethical obligations and the liability protection available to them.
DISCLAIMER: This content is for general informational purposes and is not intended to provide specific professional medical or legal advice, nor to constitute a "standard of care" for Canadian healthcare professionals. Your use of CMPA learning resources is subject to the foregoing as well as CMPA's Terms of Use.
