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Author: Lorian Hardcastle

J.D. (Dalhousie), LL.M. and S.J.D. (Toronto). Assistant Professor. Please click here for more information.

Is Alberta Doing Enough to Protect Patients from Abuse by Health Professionals?

By: Lorian Hardcastle

PDF Version: Is Alberta Doing Enough to Protect Patients from Abuse by Health Professionals?

Headlines such as “Grande Prairie doctor suspended, charged over inappropriate examinations”, “Disgraced Calgary psychiatrist Aubrey Levin facing new abuse allegations” and “Southern Alberta doctor accused of sex assault on disabled patient” are not isolated incidents. Despite limited data, one news report found that at least 250 Canadian doctors were disciplined by self-regulatory bodies for boundary offences between 2001 and 2016. The term “boundary offences” encompasses a wide range of conduct including sexual comments, inappropriate touching (often under the guise of a physical exam), taking photographs or videos without a patient’s knowledge, or sexual intercourse with a patient (without or with consent—if a patient can truly provide valid consent in this context). Although evidence on the prevalence of sexual misconduct by health professionals is limited, in a study of 10,000 US doctors, 9% reported sexual contact with patients. Ten of the 21 disciplinary decisions currently listed on the website of the Alberta College of Physicians and Surgeons relate to boundary offences. The harm resulting from sexual abuse by health professionals is substantial. Patients are often in a vulnerable position and, when a health professional exploits his or her position of trust and power, victims report feeling shame, confusion, anxiety, and depression. These cases not only damage the relationship between the victim and the perpetrator, but harm public trust in health professionals and self-regulation. In what follows, I recommend several reforms to better protect patients from abuse.

Is Alberta’s Mental Health Act Sufficiently Protecting Patients?

By: Lorian Hardcastle

PDF Version: Is Alberta’s Mental Health Act Sufficiently Protecting Patients?

Case Commented On: JH v Alberta Health Services, 2017 ABQB 477 (CanLII)

At first blush, JH v Alberta Health Services does not seem to warrant much attention. It is an oral judgement relating to a procedural matter—whether a plaintiff can proceed with a moot claim. However, this case highlights several important issues in mental health law and its resolution could result in significant reforms to Alberta’s Mental Health Act, RSA 2000, c-13. The plaintiff, who was involuntarily detained and treated at Foothills Hospital for nine months, disputed his detention and challenged the constitutionality of several provisions of the Mental Health Act. He was diagnosed with a neuro-cognitive disorder and had also struggled with alcoholism and the physical injuries resulting from a car accident.

Squabble Over Alberta Dental Fees Highlights Broader Need to Rethink What is Publicly Insured

By: Lorian Hardcastle

PDF Version: Squabble Over Alberta Dental Fees Highlights Broader Need to Rethink What is Publicly Insured

A 2016 government report revealed that dental procedures cost up to 44% more in Alberta than in neighbouring provinces. In addition, 62% of Albertans reported limiting dental visits due to cost concerns. The resulting fallout from this 2016 report led the Alberta Dental Association and College (ADAC) to respond with a new fee guide on August 17, 2017. When the ADAC stopped publishing its fee guide in 1997, Alberta became the only province without such a guide, which may have contributed to the current high cost of dental care. Although dentists are not bound by the fees listed in these guides, they can encourage price competition, improve transparency, and better inform patients. Alberta’s Minister of Health was “not satisfied” with the new guide, which proposed a 3% across-the-board reduction in dental fees. She stated that Albertans “deserve better” and has sent the ADAC back to the table to rethink the new fee guide.

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