La responsabilité médicale au Québec : un constat et une analyse des avenues de réforme

Studies from the USA on the status of malpractice are worrisome: most of the patients injuried while under medical care do not manifest themselves. In all likelihood the situation is the same in Quebec. By adjusting their figures for Quebec, 9 000 people are injuried every year while only a few -probably less than a hundred- get some sort of compensation from the Canadian Medical Protection Association (ACPM). It is hard to understand such a gap. The medical community should be relieved but instead of this it seems their mood is at an all-time law with many of their members who seem to have lost all confidence in the process. Any new reform would consequently have to focus on raising more claims from the patients while smothering the trauma and scars that malpractice claims stir up among the doctors. At the same time, it is a well-known fact that the medical practice has changed considerably in the fast 15 or 20 years. The physicians have much less of a say nowadays and they have to learn to do with multidisciplinary teams, administrative orders and medical protocols. The hospital as an enterprise dispensing care is now a reality and this concept is starting to make its way in the medico-legal arena. This might represent the best way to accomodate both the claims processing and the quality-care approach. Malpractice needs not necessarily be bad for medicine.

Name thesis:degree_name

LL. M.

Level thesis:degree_level

Maîtrise

Discipline thesis:degree_discipline

Droit et politiques de la santé

Grantor dc:publisher

Université de Sherbrooke

Year dc:date.issued

1998

Author dc:creator

• Ramsay, Jacques

Advisor dc:contributor.advisor

• Toth, Francois

• Médecins--Responsabilité professionnelle
• Personnel médical
• Droit--Réforme
• Assurance de responsabilité médicale

Language dc:language.iso

fr

Handle dc:identifier.uri

http://hdl.handle.net/11143/10839

OAI identifier oai:identifier

oai:usherbrooke.scholaris.ca:11143/10839