Health Law Journal articles from January 1 2007

Health Law Journal archives from January 1 2007

Growing up as a research subject: ethical and legal issues in birth cohort studies involving genetic research.
January 1, 2007... Introduction Many population genetic research projects seek to recruit women during pregnancy or infants at birth for longitudinal birth cohort studies that investigate how early environmental conditions interact with a child's genome to...

Wait-time guarantees for health services: an analysis of Quebec's reaction to the Chaoulli Supreme Court decision.
January 1, 2007... The Quebec government's response to the Chaoulli Supreme Court decision (1) regarding unreasonable wait times and private health insurance has been to introduce guaranteed wait time limits for certain health care services. This article examines...

Health care and equality: is there a cure?(Canada)
January 1, 2007... I. Introduction For good or for ill, access to health care has become not only a defining national value, but the dominant social policy concern in Canada. (1) Public support for medicare has remained high, even as other core social...

Barriers to access to abortion through a legal lens.(Canada)
January 1, 2007... Introduction In addressing whether the procedure for obtaining abortions was operating equitably across Canada, the 1977 Badgley Report concluded that for many women, access to abortion was "practically illusory." (1) Sadly, although...

Regulation of stem cell-based products.
January 1, 2007... As stem cell research moves toward offering more clinical applications, questions arise about how relevant products will be regulated. To date these questions have received relatively little attention compared to the legal and ethical issues...

Impact of U.S Supreme Court patent law on Canadian intellectual property and regulatory rights landscape.(KSR v. Teleflex, part 1)
January 1, 2007... I. Introduction Medical research, product development and public health regulation have been on the minds of Canadians lately, due in large part to an array of controversies over the safety and efficacy of marketed drugs (1) and the...

Impact of U.S Supreme Court patent law on Canadian and global systems-based innovation ecologies.(KSR v. Teleflex, part 2)
January 1, 2007... I say unto you: one must still have chaos in oneself to be able to give birth to a dancing star. I say unto you: you still have chaos in yourselves. Zarathustra I. Introduction In the companion article, (1) the impact of the...

Fiduciary law in the hospital context: the prescriptive duty of protective intervention.(Canada)
January 1, 2007... I. Introduction Hospitals are hazardous places. They house patients in complex environments rife with life-threatening diseases and toxic pharmaceuticals. Significant numbers of hospital patients have compromised immune systems and hence...

Zero tolerance some of the time? Doctors, discipline and sexual abuse in Ontario.
January 1, 2007... Confirming "the College's commitment to the safety of the public by affirming the philosophy of Zero Tolerance of sexual abuse, and in accordance with that philosophy, developing policies, procedures, practices, and education programmes that...

Governmental and institutional tort liability for quality of care in Canada.
January 1, 2007... The past hall century has been marked by the expansion of the law of torts and, especially, responsibility for negligence. No citation of authority is necessary to show that, in order to meet new situations in a rapidly changing society, Courts...

L'encadrement legislatif de la vente directe des tests genetiques et le systeme de sante quebecois.
January 1, 2007... Abstract The increasing availability of direct to consumer genetic tests, particularly over the Internet, raises a number of difficult to answer legal questions for health care professionals. While lawmakers have enacted an exhaustive...

Minimal risk in the Tri-Council policy statement.
January 1, 2007... Scenario 1: An oncology researcher approaches the Research Ethics Board (REB) office of a Canadian institution to request guidance on an REB submission. The researcher, a neurosurgeon, intends to take part in a multi-centre trial of a new agent...

Against doctor's orders: the force and limits of personal autonomy in the health care setting.(Canada)
January 1, 2007... A. Introduction Our aim in this paper is to consider two related questions, which go to the heart of the larger concern of conflict between a patient's choice and a medical professional's judgment about the proper course of treatment and...