In a claim against a health provider for professional negligence, does the law always protect a health provider who has followed an established standard of practice or are there exceptions?

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(25% of final grade, questions equally weighted)

Answer the following questions in essay format, supporting your answers with references to the course materials and the literature. Be sure to cite all sources you use in your answers, and include a reference list at the end.

1. Find and read the highest court level decision in the Canadian case of McArdle Estate v. Cox, and answer the following questions:

a. What court levels decided this case, in what jurisdiction, and when? Provide all legal citations.

b. In no more than 300 words, write a summary of the case. Describe the relevant facts, the legal issues, and the reasons for decision of the highest court level judgment.

2. Describe and identify the Constitutional or Statutory legal authority for the part of Canadian health care that is under the legal jurisdiction of the federal government. Describe and identify the Constitutional or Statutory legal authority for the part under the legal jurisdiction of the provincial governments. What legal mechanisms are available if there is disagreement about provincial or federal jurisdiction over a particular issue?

3. From a regulatory as well as a public policy perspective, what are the differences between an exclusive scope of professional practice and a right to title for health care professionals? Compare and contrast some advantages and disadvantages of each model.

4. In a claim against a health provider for professional negligence, does the law always protect a health provider who has followed an established standard of practice or are there exceptions? Explain and identify the sources of law to support your explanation

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