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Record W1526772517

Government Tort Liability for Negligence in the Health Sector: A Critique of the Canadian Jurisprudence

2011· article· en· W1526772517 on OpenAlexaffabout
Lorian Hardcastle

Bibliographic record

VenueSSRN Electronic Journal · 2011
Typearticle
Languageen
FieldHealth Professions
TopicMedical Malpractice and Liability Issues
Canadian institutionsUniversity of Ottawa
Fundersnot available
KeywordsTortHealth careAccountabilityGovernment (linguistics)DutyLiabilityJurisprudenceDuty of carePublic sectorHealth lawBusinessCausationHealth policyPolitical scienceLawInternational health
DOInot available

Abstract

fetched live from OpenAlex

Historically, physicians bore sole responsibility for the quality of health care services, while hospitals merely furnished a location to practice medicine and nursing staff to assist in this endeavor. From Canada’s inception through the first half of the twentieth century, the role of provincial governments in the health sector was restricted to the provision of limited funding for specific health services and low-income populations. However, beginning with the implementation of Medicare, the government’s role in the health sector underwent a dramatic expansion, motivated by escalating health care costs, concerns with the quality of health care services, the growing complexity of medical care, and rising public expectations. The government’s expanded health sector role led to calls for accountability, as evidenced by an increasing number of legal claims against provincial ministries of health. In this paper, I explore the relationship between tort liability and governmental health sector accountability. The health sector claims have all been resolved entirely on the issue of duty, and courts have not considered other elements of negligence (such as breach of duty or causation). In the sixth part of the paper, I critique the Canadian duty jurisprudence, using the health sector claims to illustrate broader problems with the test as currently articulated. Specifically, I argue for a contextual approach that makes the parties’ relationship central to the duty inquiry, and the use of restraint in allowing policy considerations to negate a duty on a motion to strike. Although I do not advocate for widespread governmental health sector tort liability, I do argue that the law could be applied in a manner that better facilitates accountability, for example, by allowing more claims to proceed to trial where the government would be required to justify its decisions. Because the judiciary’s reluctance to review governmental health sector decisions seems to be largely attributable to a concern over the judicial reallocation of scarce health system resources, I address this issue in the final part of the paper.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.011
metaresearch head score (Gemma)0.020
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.130
Threshold uncertainty score0.942

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0110.020
Meta-epidemiology (narrow)0.0010.001
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0040.005
Science and technology studies0.0230.089
Scholarly communication0.0160.005
Open science0.0060.005
Research integrity0.0210.020
Insufficient payload (model declined to judge)0.0020.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.061
GPT teacher head0.408
Teacher spread0.347 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designNot applicable
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations1
Published2011
Admission routes2
Has abstractyes

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