McArdie Estate Vs Cox Essay

Length: 6 pages Sources: 2 Subject: Law  (general) Type: Essay Paper: #97454799
Excerpt from Essay :

Mcardie Estate v. Cox case, by providing a case summary, comparison of exclusive professional practice scope and right to health care professionals' title, and protections for healthcare workings abiding by practice standards.

Malpractice and neglect are perhaps the aspects most carefully covered by healthcare policymakers. Healthcare law may be considered distinctive in the legal sphere, as it is one subdivision that affords numerous scholarship approaches a chance to succeed (Jocelyn,, 2002). Healthcare law is an interdisciplinary and dynamic domain, with numerous legal, scientific, economic, social, political and philosophical grounds for its dynamism.

Case Summary

McArdie Estate v. Cox was an appellate court case. Gastroplasty reversal surgery was performed on the deceased patient on 26th June, 1995. Gastroplasty refers to a weight-loss tactic of stapling the stomach; the patient in question had two staple lines across her tummy. She was made aware of the fact that, in view of her medical history, this was a high-risk operation in her case. The patient provided informed consent, after which the operation was conducted. She seemed to be recovering as is usual for roughly three days following the operation, and no alteration was deemed to be required in her discharge schedule, when, surprisingly, she had to be moved instantaneously to an intensive care unit (ICU), owing to sudden breathing issues (Mcardle v. Cox ). According to the healthcare facility's rules, the respondent had to subsequently relinquish the patient's care to an ICU expert. Moreover, owing to staff deficit, and in accordance to hospital rules, the respondent had to remain absent from work for a month. While under the care of the ICU team, another surgery was conducted for repairing a small bowel leak. However, the patient did not make it out of the ICU alive. The report presented by the pathologist revealed perforations in her stomach's rear as well as frontal walls, in addition to the presence of bile-stained liquid in her abdomen, close to the rear wall perforation, and pus-filled material close to her frontal perforation. The respondent acknowledged the fact that the fatal stroke experienced by the patient was caused by these infections and, most importantly, the rear-wall leak close to the lower line of staples was suspected to be the main cause of death. At the court trial, the chief issue was care standards the respondent was required to fulfill when performing surgery, and delivering post-surgical care. Formulation of a surgical care standard from specialist testament, and the discovery that two incisions were made in the course of surgery "transecting" the line of staples, and that every practical step possible was taken for detecting leaks, led the judge at trial to conclude that the respondent did not violate any sensible bariatric surgeon care standard during the surgery. The case was decided on 28th October, 2002.

Canadian Healthcare Federal Government/Canadian Healthcare Provincial Governments

Main constitutional powers pertaining to federal control over the healthcare sector relate to expenditure,


The Canadian federal government's general Constitutional influences enabled it to start financing a single-payer, nationwide healthcare structure in the year 1966, and update it with the 1984 Canada Health Act's enactment (Mcmillan). Further, the Canadian federal government utilizes its Constitutional influence over the sphere of criminal law for regulating medical instruments, medication, and other medical product sales. Major statutes in this regard are the Criminal Code, the federal Food and Drugs Act, and the Controlled Drugs and Substances Act. Federal-level controlling statutes are formally organized as criminal regulations in the sense that they outline prohibitions and punishments, including incarceration. However, in actual practice, they function as normal regulatory statutes aimed at safeguarding public health. Financiers attempting to gain entry into the nation's healthcare market through acquisitions and mergers have to adhere to the federal-level Competition Act. The Competition Bureau must be alerted by entities if: The Canadian returns or asset value of a target firm surpasses 70 million dollars and if the collective Canadian returns or assets of the entities and their associates surpass 400 million dollars. The Bureau is empowered to block transactions if it deems the transaction to be capable of "substantially" preventing or decreasing market competition (Mcmillan).

The Constitution of Canada gives specific authority to provincial governments over hospitals, broad control when it comes to lawmaking (to regulate civil and property rights), and over every general private or local issue within the provincial jurisdiction. Consequently, governments at the provincial level are charged with regulating healthcare coverage and delivery, despite federal provision of financing by means of the 1984 Canada Health Act ensuring that provincial-level healthcare insurance schemes fulfill certain conditions (Mcmillan). Provincial-level research scholars and lawmakers are often concerned with regard to the Canadian healthcare structure's financial sustainability, and provincial administrations are pressurized to cut costs. All provinces have their own Public Hospitals Acts for regulating the institution, management and financing of publicly-financed healthcare facilities. Funds are normally assigned via a universal budget instead of a pay-for-services basis. However, activity-based financing has been implemented as well, to a limited degree. Federal authorities are in charge of sanctioning medications for sale within the nation, and provincial authorities ascertain whether or not a medication gets included in a formulary, following which it will be covered by the province's drug benefit scheme. Specialized provincial legislation regulates healthcare professionals when it comes to practice scope and licensing conditions, including test authorization and medication prescription rights. The province of Ontario recently widened the practice scope of several healthcare practitioners, chiefly by permitting them to…

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