Canadian Lawyer

November 2020

The most widely read magazine for Canadian lawyers

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Page 38 of 43 37 ship," says Embury. Right now, there isn't a lot of case law on virtual care and malpractice, says Embury, and that will likely take a few years to sort out. But in time, he says, there probably will be cases regarding virtual care that end up in court. "And the question will be, 'how do we assess what is a reasonable standard of care when someone was doing something for good reason on a virtual platform versus in person?" he says. Another issue with virtual care deals with concerns that certain platforms aren't entirely secure or they are not compliant with privacy guidelines, Embury says. Also, consideration will need to be given to jurisdictional issues. A patient may be in a different regulatory juris- diction than the physician, perhaps another © 2020 Thomson Reuters TR1085404-NK Gain greater clarity into the complex interplay of medicine, law, and ethics in acute care settings Available risk-free for 45 days Online: Call Toll-Free: +1 800 387 5164 | In Toronto: 416 609 3800 Print and ProView eBook 42769954 $156 Softcover + eBook May 2020 approx. 500 pages ProView eBook only $130 Print only $130 978-0-7798-7258-9 Multiple copy discounts available Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. Complexities arise when medicine, law, and ethics intersect in the treatment and caring for acutely ill patients. This practical guide provides greater clarity and expert guidance into this interplay – a rapidly evolving area of concern. Written by an eminent critical care physician and a leading legal practitioner, The Law of Acute Care Medicine is the fi rst Canadian resource to focus exclusively on the needs of acute care professionals and those providing them with legal advice. The book sets out a legal framework that all healthcare and legal professionals working in acute care settings need to understand. Case- based discussions and frequently asked questions are used to clearly illustrate the application of the law within clinical settings. You'll also fi nd an in-depth legal analysis of issues relating to the care of acutely deteriorating patients, and considerations of the application of the standard, causation, and damages on the care provided to such patients. The medico-legal topics examined in this publication include: • Application of standard of care • Consent and capacity • Confi dentiality and privacy • End of life, withdrawal of life support, CPR • Medical Assistance in Dying (MAID) Choose eBook, print, or both Experience the freedom and fl exibility to work wherever and whenever you want, with or without an internet connection, with Thomson Reuters ProView®, the premier eBook experience for professionals worldwide. New Publication The Law of Acute Care Medicine Dr. Laura A. Hawryluck, M.D., and Michael B. Fraleigh, J.D. Also available as an eBook on Thomson Reuters ProView® province or even another country. "The virtual treatment of Canadians who are located outside of Canada, for instance, raises some interesting conflict of law issues," he says. Despite all these concerns, lawyers suggest that Canada's virtual care will only get better and more comprehensive as different tech- nologies and platforms emerge. As they have been during the pandemic, governments are generally supportive, as they see it as a way of cutting down the cost of some routine aspects of health care. Says Cruz, "Think about people who live in remote locations, how better virtual care could be advantageous because it suddenly gives you greater access to a doctor who you're comfortable with from farther away." "The question of trust between doctor and patient is important in virtual care, as is the length of that relationship." Duncan Embury, Neinstein Personal Injury Lawyers

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