Thesis (LL.M.)--University of Alberta (Canada), 2006
Physicians have both an ethical and legal duty to disclose medical errors to patients. Although no Canadian court has held that nurses or hospitals have a corresponding legal duty to disclose medical error to patients, it is likely that such a duty exists. To facilitate increased disclosure, significant cultural and educational changes to hospitals and the health professions are required. Health administrators must recognize that most errors are systemic (not individual) errors and must foster a system of just responses to error. To promote the disclosure of medical error, there must also be legal reform to remove barriers to disclosure and to improve the efficacy of the medical liability system. Once these steps have been taken, a full discussion and investigation of every medical error and near miss is more likely to occur, thereby allowing the health system to act to prevent similar errors from occurring in the future
