Health Policy Meets Medical Malpractice: Introduction
Is health policy related to medical malpractice litigation?
At first glance, it would be easy to say no. Health policy and medical malpractice lawsuits generally operate in different spheres. Health policy lives in the public sphere: it is developed and implemented by government actors to regulate if and how health services can be delivered in Ontario. On the other hand, a medical malpractice lawsuit lives in the private sphere: it is a dispute between a healthcare provider and patient regarding a specific instance of care.
This is the view we see if we hold our magnifying glass close up to each sphere.
But what if we remove the magnifying glass and look at the bigger picture?
The interplay between policy and litigation is not new. One prominent example is when medical assistance in dying (“MAID”) was legalized in 2015. This legalization started with litigation in the landmark decision, Carter v Canada (AG).1 After the Supreme Court of Canada struck down the absolute prohibition of MAID due to being contrary to the Canadian Charter of Rights and Freedoms, the legislature responded and implemented laws and regulations to facilitate the delivery of MAID. Here, we see that litigation impacted health policy.
Health policy can also impact litigation. Interestingly, I believe that there are three recent developments in health policy that may impact the way we approach medical malpractice litigation in Ontario:
- Bill 283 and the Standard of Care;
- Surrogacy and Future Care Costs; and,
- MAID and Informed Consent.
In this blog series, I will discuss these three recent health policy developments and examine how they provide important lessons for advocating for injured while receiving care. It is my hope that as we remove the magnifying glass and journey through the interesting interplay between health policy and litigation, we will emerge with new insights and tools for advocating for our clients.
*This is the first blog post in a four-part series, which will examine how health policy developments may impact medical malpractice in Ontario. 1 2015 SCC 5.
