Tort accountability of governments and institutions in the Canadian Health Care System
Bibliographic record
Abstract
This paper explores the disconnect between changes in the health care system and the Canadian institutional and governmental tort jurisprudence. The clinical and policy literature increasingly recognizes that systemic actors carve out an important role for themselves in quality of care, and are in the best position to address and prevent injuries. In addition, the role of systemic actors in organizing the health care system, particularly given recent integration reforms, allows them a greater ability to affect quality of care. Canadian tort jurisprudence fails to reflect these changes, continuing to focus on the liability of physicians. This approach is in contrast to that of US and English courts, which employ greater institutional liability and show a more sophisticated understanding of the modern health care system. I argue that Canadian courts should similarly reconsider the legal relationships between patients and systemic actors, and be more sensitive to systemic causes for injuries.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot 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.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.012 | 0.037 |
| Meta-epidemiology (narrow) | 0.000 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.004 | 0.006 |
| Science and technology studies | 0.025 | 0.029 |
| Scholarly communication | 0.016 | 0.004 |
| Open science | 0.002 | 0.007 |
| Research integrity | 0.005 | 0.005 |
| Insufficient payload (model declined to judge) | 0.005 | 0.000 |
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.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
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".