Item – Theses Canada

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OCLC number
656129754
Link(s) to full text
LAC copy
LAC copy
Author
Ventresca, Yola S.(Yola Sara)
Title
Patient responsibility for detrimental health outcomes : the defence of contributory negligence in medical negligence actions.
Degree
LL. M. -- University of Toronto, 2007
Publisher
Ottawa : Library and Archives Canada = Bibliothèque et Archives Canada, [2009]
Description
1 microfiche
Notes
Includes bibliographical references.
Abstract
This thesis examines the increased use and success of the defence of contributory negligence in Canada and the United States. The approach is historical and comparative. First, the thesis considers the causes and effects of the increased use of the defence of contributory negligence in medical negligence actions. Second, the thesis surveys American and Canadian case law to analyze critically the evolving duties to which a patient must adhere in his/her own care. Finally, the thesis advocates a correlative approach to the doctrine of patient responsibility, as the conceptual framework with which to understand and adjudicate patient errors in medical negligence law. This thesis concludes that patients can be held responsible for their medical decisions, but such responsibility must be adjudicated equitably, in order to preserve and promote the integrity of the clinical relationship, and to ensure that patients are not held to an unreasonably high standard of care.
ISBN
9780494402726
0494402725