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Dental Law in Canada, 3rd Edition

Dentists, dental professionals, and others interested in dental law across Canada must add this volume to their library – it is the only text to provide comprehensive coverage of and expert insight into the myriad legal issues they deal with today.
Publication Language: English
This Product is on PreOrder
ISBN/ISSN: 9780433499091

Product details

This book offers valuable direction and practical advice to dental professionals and those interested in understanding and addressing the evolving challenges they faced by the dentistry and other health professions – from business and employment law issues, to privacy and confidentiality matters, to malpractice claims and human rights complaints. Simply put, Dental Law in Canada, 3rd Edition is a must-have reference for oral health professionals and their advisors.

Complete, Updated Content
With contributions from recognized experts, Dental Law in Canada, 3rd Edition is the only Canadian resource to provide a comprehensive examination of the broad range of legal issues that dental professionals encounter on a regular basis. In this latest edition, readers will find updated content and analyses of recent developments, including:

  • Rewritten chapters on negligence and consent, as well as an extensively updated chapter on privacy and confidentiality, including an examination of the tort of breach of confidence and intrusion upon seclusion, and an expanded discussion of the role and impact of PIPEDA in dental practice
  • An expanded discussion of Medicare in relation to dental care
  • A consideration of the distinction between surgical and other dental care, and the resulting implications for provincial funding for treatment
  • A review of the national and provincial approaches to health care reform
  • An exploration of the shortcomings of private health insurance, including discussions related to access, administrative cost and adverse selection
  • An explanation of the economic phenomenon of the “moral hazard” in insurance
  • A comparison of the benefits and disadvantages of public and private insurance, and a reflection on the political and socio-economic trends contributing to the inaccessibility of dental insurance
  • An investigation of the inherent issues related to dental care in the Canada Health Act
  • A chart illustrating provincial dental programming for children
  • An evaluation of the access to dental benefits for Indigenous Peoples
  • A discussion of discriminatory billing practices with reference to the federal Non-Insured Health Benefits Program (NIHB)
  • An updated section on the role, process and procedure of the various provincial and territorial human rights commissions
  • Revised content based on the recent changes to the Employment Standards Act
  • An explanation of how to be compliant with privacy legislation when retaining records and personal information
  • Updated tax rules for dental corporations, including an expanded section on income splitting and dividends as well as an explanation of the amount of passive income that can be accumulated
  • A discussion of the applicable responsibilities when transferring patient records

In addition, readers will benefit from new insight on a variety of topics related to dental law, such as:

  • The two-stage process used to establish that human rights law has been breached
  • The adverse distinctions in human rights
  • The legal issues relating to websites and e-commerce for a dental practice, including a discussion of copyright notices, privacy policies, legal disclaimers, terms of use and compliance with Canada’s anti-spam legislation (CASL)
  • A 2016 decision that addressed the question of whether an Ontario dentist had committed professional misconduct, and a related discussion exploring the issues of recordkeeping and drug prescription and administration
  • Canada’s legislative structure and the statutes governing dental professionals
  • A 2019 case that examined a dentist’s recordkeeping responsibilities
  • Sexual abuse of a patient by a dental professional, with case examples
  • The capacity of patients and dentists
  • The right to reasons as one of the rights of procedural fairness
  • The restorative approach of considering an Indigenous offender’s unique system or background factors in sentencing decisions
  • Dental research, including a discussion about Research Ethics Boards and their requirements, processes, guidelines and policies
  • Future dental business trends

This authoritative resource also features revised references and detailed footnotes to reflect relevant examples, statutes and the most up-to-date sources, including references to relevant provisions of the Charter, where applicable.

An Invaluable Resource
This third edition of Dental law in Canada will be particularly useful to:

  • Dentists and dental professionals who must navigate the world of dental law, including understanding the potential liabilities and how to address the legal issues that might arise
  • Other health professionals who can apply the content of this text to other health and medical contexts
  • Lawyers advising dentists and/or dental professionals as it offers an insightful summary of legal dental issues and is a practical guide and point of reference
  • Dental students who must learn about the legal issues that dentists face

Featured authors

Table of contents

Chapter 1: The Canadian legal system (Steve Coughlan and Dale Darling)
1. Constitutional law
2. Non-constitutional law
3. Decision-makers in the legal system
4. Conclusion: A case study

Chapter 2 : The legal framework of Canada’s health care system (William Lahey and Hannah Bentzen)
1. Introduction
2. Basic organizational features
3. The single-payer system
4. The role of the courts
5. National and provincial approaches to health reform
6. Conclusion

Chapter 3: A primer on human rights law (Jennifer J. Llewellyn and Gillian MacNeil)
1. Introduction
2. The evolution of human rights legislation in Canada
3. Human rights legislation in Canada
4. Remedying discrimination: The Canadian Human Rights Act
5. Finding discrimination under the Canadian Human Rights Act
6. Remedies in human rights law
7. Process and procedure
8. Conclusion

Chapter 4 : Employment law and dentistry (Diana Ginn and Malcolm Boyle, Q.C.)
1. Creating an employment relationship
2. The ongoing employment relationship
3. Terminating the employment relationship
4. Conclusion

Chapter 5: Business law and dentistry (Corinne Boudreau)
1. Legal structures of dental practice
2. Tax benefits to incorporating your practice
3. Types of commercial agreements
4. Buying and selling a dental practice
5. Websites and e-commerce
6. Future business trends

Chapter 6: Drugs, dental professionals and the law (Fiona McDonald)
1. Drugs and professional dental practice
2. Procedural requirements
3. Drug safety
4. Drug abuse by dental professionals and patients
5. Conclusion

Chapter 7 : Regulation of dental professionals (Marjorie A. Hickey and Ryan Baxter)
1. Introduction
2. Legislative and administrative structure
3. Membership/licensing
4. Specialist status
5. Professional corporations
6. Unauthorized practice
7. Standards of practice/Codes of ethics
8. Discipline
9. The discipline process
10. Sentencing
11. Appeals and judicial review
12. Miscellaneous

Chapter 8 : Dental negligence and malpractice (Tamar Meshal)
1. Introduction
2. Tort law, fault, battery and negligence
3. Battery in dentistry
4. Negligence in dentistry
5. Liability related to employees
6. Non-patients and third-party claims
7. Defences
8. Damages
9. Alternative dispute resolution
10. Conclusion

Chapter 9 : Consent to treatment (Cynthia L. Chewter)
1. Introduction
2. Types of consent
3. Requirements for consent
4. Refusing and withdrawing consent
5. An effective consent process
6. Legal ramifications of failing to obtain consent
7. Exceptions to the requirement to obtain consent
8. Conclusion

Chapter 10: Privacy and confidentiality issues for dental professionals (Elaine Gibson and Leah Hutt)
1. Introduction
2. Common law
3. Codes of ethics
4. Legislation
5. Consensual release
6. Non-consensual release
7. Use of records in proceedings concerning the patient
8. Use of records in proceedings concerning the dental professional
9. Conclusion

Chapter 11: Recordkeeping in dentistry (Irwin Fefergrad and Kate Dewhirst)
1. The legal purposes of recordkeeping
2. The principles of recordkeeping
3. The legal requirements of recordkeeping
4. Access to and the “ownership” of records
5. The legal requirements regarding disclosure of records
6. The potential consequences of not meeting the recordkeeping requirements
7. Conclusion

Chapter 12: Regulation of dental research (Michael Hadskis, Mary Jane Dykeman and Nareh Ghalustians)
1. Introduction
2. Distinguishing human biomedical research from clinical practice
3. The regulatory landscape for human dental research
4. Research ethics review of human dental research
5. Tort liability of dental researchers and REB members for personal injuries sustained by research participants
6. Dental research involving non-human animals
7. Conclusion