Can a healthcare professional face conflicting duties between a physician and a family member of an incapable patient?
Ontario, Canada
The following excerpt is from Alafi v. Lindenbach, 2022 ONSC 1435 (CanLII):
The potential for a healthcare professional to face conflicting duties was also considered in Wawrzyniak v. Livingstone, 2019 ONSC 4900. Cavanagh J. considered whether a duty of care was owed by a physician to a family member of or substitute decision-maker for the physician’s incapable patient. The only plaintiff in the action was the daughter of and substitute decision-maker for the patient whom the two defendant physicians had treated.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is a physician's duty to warn the family of a patient that they are at risk of contracting a contagious disease? (Ontario, Canada)
What is the scope of a physician’s duty of disclosure to a patient? (Ontario, Canada)
What is a physician's duty to disclose to a patient the material risks associated with a medical procedure? (Ontario, Canada)
What is a physician's duty to obtain the consent of a patient? (Ontario, Canada)
Does the College of Nursing have a duty to provide a professional environment for disabled students to participate fully in the professional environment that is responsive to their unique circumstances? (Ontario, Canada)
In a medical malpractice case, is the evidence of a family physician who has followed a patient for a long period of time the most helpful evidence? (Ontario, Canada)
What is the duty of care of a police officer to a family member? (Ontario, Canada)
Is a physician’s relationship with a patient in exchange for sexual contact a fiduciary relationship? (Ontario, Canada)
What are the costs of a family member who successfully sued for damages against the parents of a child who is not a party to the claim? (Ontario, Canada)
Is there a duty on counsel to counsel in high conflict cases? (Ontario, Canada)
