Fiduciary Law in the Hospital Context: The Prescriptive Duty of Protective Intervention (Canada‪)‬

I. Introduction Hospitals are hazardous places. They house patients in complex environments rife with life-threatening diseases and toxic pharmaceuticals. Significant numbers of hospital patients have compromised immune systems and hence are susceptible to disease, including infectious disease. The spread of disease in hospitals is facilitated by the proximity of patients to one another and the density of the patient population. High risk, often life-threatening medical procedures, are routinely carried out. Hospital services are delivered in dynamic, fast paced environments that too often tax hospital service providers beyond their service limits. Both by virtue of their illnesses and the "realities" of hospital environments, patients are extremely vulnerable. It is not surprising, therefore, that despite significant efforts to mitigate risk, the incidence of adverse events and morbidity from adverse events in hospitals is distressingly high. In Canada, one out of every thirteen patients in non-specialized acute care hospitals experience adverse events and, annually, death ensues for thousands of Canadians. (1)