Health professionals must exercise caution in legal proceedings

By Lonny Rosen & Elyse Sunshine . The decision of JK v. BJH 2016 CanLII 85163 (ON HPARB) reminds health professionals to be very careful when preparing affidavits for use in legal proceedings in which they have a personal interest. This means ensuring that they qualify their role, and make clear that they are not giving a professional opinion or advice. Read more

Crucial for law firms to recognize value of innovative thinking

As many lawyers are strapped for creative thinking time, it is difficult for innovative ideas to be nurtured unless firms intentionally carve out space to think about how they can improve their businesses, Toronto health lawyer Kate Dewhirst tells The Lawyers Weekly . Read more

Rosen among faculty for Osgoode Certificate programs

Toronto health lawyer Lonny Rosen will be among the faculty discussing the topic of consent and capacity at a number of programs presented by Osgoode Professional Development this spring. Read more

Professional warned about foreign language use in front of patients

By Lonny Rosen & Elyse Sunshine . A recent case provides a warning to health care professionals to be mindful of the inappropriateness of speaking in front of patients in a language that he or she may not understand. Even if what the health care professional is saying is innocent and inconsequential, the patient may not know that. Patient perception is key. Read more

Entrepreneurial lens can help with lawyer career satisfaction

Toronto health lawyer Kate Dewhirst enjoys running her own health law practice, but often sees other young lawyers working in firms where they feel confined by “golden handcuffs” — and, as she tells Law Times , she plans to help them achieve career satisfaction via a new coaching business. Read more

Would you choose to be a lawyer?

By Kate Dewhirst . I was recently at an event with a “mixed group” – a mix of lawyers and non-lawyers. Read more

Standardization versus compatibility in health care

When it comes to the procurement of goods for the health sector, it’s critical that hospital administrators educate their staff about the difference between compatibility and standardization to avoid confusion, says Toronto health lawyer Michael Gleeson. Read more

Professionals entitled to learn lessons from past complaints

By Lonny Rosen and Elyse Sunshine . A recent decision, JRP (MD) v. VG 2016 CanLII 66783 (ON HPARB ), from the Health Professions Appeal and Review Board (HPARB) acts as a reminder that health care professionals are entitled to learn from past mistakes and should be given a chance to show that they have improved their practice after completing remedial courses. Read more

Patient record disputes on the rise

With a sharp increase in the number of disputes involving access to patient records reported to Ontario’s information and privacy commissioner, Toronto health lawyer Kate Dewhirst says it’s critical that health providers understand the rules of engagement when it comes to ensuring patients have access to their own information. Read more

Deference for committee’s decision to issue a ‘caution’

By Lonny Rosen and Elyse Sunshine . The Supreme Court of Canada recently denied leave to appeal two judgements arising from the judicial review of a decision by the Inquiries, Complaints and Reports Committee (ICRC) of the College of Physiotherapists of Ontario (the College) to issue a caution to two physiotherapists. Read more

Proposed law removes discipline panel discretion in sex abuse cases

Although the sexual abuse of patients by health professionals is a serious concern, newly introduced legislation aimed at addressing this problem limits the ability of College discipline panels to apply case-specific discretion when imposing penalties, Toronto health lawyers Lonny Rosen and Elyse Sunshine write in the Toronto Star . Read more

Regulatory policies key when accessing health data on the cloud

When entering into an agreement with a cloud service provider, health professionals have to ensure that any policies and guidelines from their regulatory bodies regarding electronic health records are taken into account, Toronto health lawyer Elyse Sunshine says in Forensic Accounting & Fraud , a special supplement published by The Bottom Line and Lawyers Weekly. Read more

The holidays: a time to be extra compassionate in health care

The holiday season is a stressful time for everyone, making it important for health-care providers to be extra diligent about showing compassion to patients and their families, says Toronto health lawyer Kate Dewhirst . Read more

Monthly webinars to explore legal issues for family health teams

Toronto health lawyer Kate Dewhirst will be hosting monthly webinars throughout 2017, focusing on legal issues facing family health teams (FHTs). Read more