About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

83 Can. B. Rev. 1 (2004)

handle is hein.journals/canbarev83 and id is 1 raw text is: 










Vol.83                       May 2004 mai                      No. 1



              RESOURCE ALLOCATION AND
      THE   STANDARD OF CARE OF PHYSICIANS

                        Robert-Jean Chenier*
                              Montrial


Often  referred to as the  'gate keepers' of the health care system,
physicians, as the primary providers of medical care, are increasingly
required to implement  the resource allocation decisions made at the
various levels of government and  health care administration. To date,
courts have  been unwilling to alter the standard of care imposed on
physicians to reflect systemic realities or to recognize the defense of
economic  justification in medical liability claims. Instead, they have
responded by extending the standard ofcare and, in some cases, requiring
that physicians assume heightened obligations to act as advocates for their
patients.

If as it appears, the prevailing principles ofprofessional and civil liability
are  not sufficiently flexible to adapt to the consequences of  cost-
containment  measures, alternative mechanisms  must be  available for
physicians to protect themselves from professional liability. In Quebec, the
provisions of the Act Respecting Health Care Services and Social Services
may  serve that purpose. First, the Act recognizes the resource limitations
inherent  in the health care  system  and  expressly provides health
institutions with the latitude to make decisions about how to allocate the
resources available. Second, it circumscribes the physician disclosure
obligations to  the patient with respect  to service limitations and
institutionalizes the physician & role in the administration of the hospital.
Finally, the most recent amendments to the Act, which provide for the


   * Robert-Jean Ch6nier of McCarthy Ttrault LLP, S.E.N.C.R.L., s.r.1. in Montreal. He
wishes to thank Rachel Ravary, articling student, for her significant contribution in
preparing this article.


THE   CANADIAN BAR REVIEW

   LA  REVUE DU BARREAU
           CANADIEN

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most