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Biomedical subjects

K Capen

Publications and source records attributed to K Capen.

27 records · Page 2Linked to original sources

The courts, expert witnesses and fibromyalgia.

Fibromyalgia, a condition that sometimes causes disagreement among physicians, has also been debated in several court cases that highlight the role of physicians as expert witnesses. Lawyer Karen Capen says physicians who provide expert opinion in court should be aware that there are specific requirements regarding their qualifications. In an Alberta court case, a judge discounted evidence provided by a rheumatologist who ran a clinic that treated fibromyalgia patients because of his "personal and perhaps financial interest in perpetuating the existence of this condition." The judge ruled that "this particular disorder is often found in individuals who will not or cannot cope with everyday stresses of life and convert this inability into acceptable physical symptoms to avoid dealing with reality."

Alberta↗

Informed consent and blood transfusions: what does Krever's interim report mean to doctors?

What implications does the interim report of the Krever inquiry that is studying Canada's blood-supply system hold for doctors? The report notes that "until recently, few physicians talked about the risks of a blood transfusion with their patients" and few hospitals "considered asking patients to sign a consent form before receiving blood or blood products." Lawyer Karen Capen says this situation is changing. Krever's first report says physicians must be aware that part of the decision-making process involves patients' specific consent to the possible use of blood or blood products during medical treatment and care.

Blood Transfusion↗

Firearms law raises issue of MDs' duty to predict and report potentially violent patients.

The possibility that an amendment to new firearms legislation would require physicians to report potentially violent patients raises the controversial issues of physicians' legal duty to warn and the ability of physicians and other health care professionals to predict violent behaviour. For these reasons, it will be necessary to follow carefully any proposed amendments to the legislation.

Canada↗

New prenatal screening procedures raise spectre of more "wrongful-birth" claims.

Last year a Winnipeg couple whose baby was born with profound disabilities initiated a lawsuit against their doctor alleging that they were not adequately informed of the results of a prenatal blood test. The case was later settled out of court. Although the legal basis of the suit was negligence, the damages claimed related to the controversial concepts of "wrongful birth" and "wrongful life". As more and more prenatal tests are developed, physicians should familiarize themselves with the ways informed consent pertains to prenatal testing.

Abortion, Therapeutic↗