Question

In: Nursing

To what extent do Canadians have a “legal right to health care”? What are the legal...

To what extent do Canadians have a “legal right to health care”? What are the legal issues around this question? What sources of law are relevant to answering this question?

What is the current status of the law on this question?

Solutions

Expert Solution

Patients in Canada have the following Legal Rights:

  1. To receive appropriate and timely care
  2. To be treated with dignity and respect
  3. To receive health services without discrimination.
  4. To have their personal and health information protected from disclosure
  5. To have access to their health information unless, in the opinion of a relevant health professional, the disclosure could result in immediate and grave harm to the patient’s health or safety
  6. To refuse consent to any proposed treatment
  7. To receive information relating to any proposed treatment and options
  8. To the recognition of your Representative or Substitute Decision-maker
  9. To the recognition of your Advance Directive
  10. To a second opinion
  11. To pain and symptom management

The legal stands If any of these Rights of Patients is Violated by the Doctor or Health System Or the Healthcare Worker.

The Canada Health Act is the federal legislation that provides the foundation for the Canadian health care system. The Act is administered by Health Canada, the federal department with primary responsibility for maintaining and improving the health of Canadians.

Current Status of Law in Canada-

  • The government guarantees the quality of care through federal standards.
  • The government does not participate in day-to-day care or collect any information about an individual's health, which remains confidential between a person and their physician
  • Canada's provincially-based Medicare systems are cost-effective because of their administrative simplicity.
  • In each province, each doctor handles the insurance claim against the provincial insurer.
  • The Canada Health Act does not cover prescription drugs, home care or long-term care or dental care.
  • Provinces provide partial coverage for children, those living in poverty and seniors.

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