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Review
. 2002 Feb 19;166(4):465-9.

The legal duty of physicians and hospitals to provide emergency care

Anne F Walker
Review

The legal duty of physicians and hospitals to provide emergency care

Anne F Walker. CMAJ. .

Abstract

Accessibility of hospital emergency services has been an issue of increasing concern and was recently brought into public focus in Ontario by the tragic death of Joshua Fleuelling, whose ambulance was redirected from the nearest hospital. As will be reviewed, the limited case law has identified a legal duty for physicians and hospitals to provide treatment to people in need of emergency care, a duty that should be considered when formulating hospital policies. The impact of this duty of care on the existing standard of medical practice will be considered.

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References

    1. Chief Coroner, Province of Ontario. Inquest touching the death of Joshua Fleuelling. Jury verdict and recommendations. Sept–Nov, 2000 (Toronto).
    1. Gillespie K. Parents await results of son's autopsy. Toronto Star 2000 Jan 17.
    1. Fleuelling et al v. Her Majesty The Queen in Right of Ontario statement of claim filed 2 Apr 2001, Toronto, court file no 01-CV-208319 (Ont Sup Ct J).
    1. Fleuelling et al v. City of Toronto and The Scarborough Hospital statement of claim filed 14 Feb 2001, amended statement of claim filed 30 July 2001, Toronto, court file no 01-CV-203848 (Ont Sup Ct J).
    1. Young JG. Verdict explanation. In: Chief Coroner, Province of Ontario. Inquest touching the death of Joshua Fleuelling. Jury verdict and recommendations. Sept–Nov, 2000 (Toronto).