Holubitsky D J
Bull, Housser & Tupper, Vancouver.
Leadersh Health Serv. 1996 Jul-Aug;5(4):30-3.
Two recent judgments by the Supreme Court of Canada limit the liability of doctors and hospitals. One decision confirmed that the contract between a physician and patient is primarily for provision of a service, not the sale of goods. The other held that the manufacturer of a highly technical product is responsible for informing the ultimate consumer of its product's risks. It is a risk physicians may not be able to assume on the manufacturer's behalf.
加拿大最高法院最近的两项判决限制了医生和医院的责任。一项判决确认,医生与患者之间的合同主要是提供服务,而非销售商品。另一项判决认为,高科技产品的制造商有责任告知该产品的最终消费者其风险。医生可能无法代表制造商承担这种风险。