Health

Maria McDonald demystifies employment issues in health-care sector

DDO Health Law ’s senior human resources lawyer Maria McDonald helps demystify the latest developments in employment and labour law for health-care organizations so they are positioned to create the best workplaces possible. Read more

Education and the need to protect patient privacy

The persistent problem of medical record snooping in Ontario highlights how a sense of propriety around patient records hasn’t sufficiently trickled down from the regulators to the front-line health workers, Toronto health lawyer Elyse Sunshine tells the Toronto Star . Read more

Bernstein judicial review highlights important legal issues

A little-known section of the Medicine Act that sets out rules for physician conduct will now be considered as one of Canada’s major players in the weight-loss industry goes to court to try to prevent regulators from reviewing a complaint against him, says Toronto health lawyer Elyse Sunshine . Read more

Seek support from colleagues to manage articling stress

Articling can be a stressful time, as students are in a new environment and often hoping to be hired back by the firm after their year is up — making it important for students to seek encouragement and guidance from trusted mentors and friends, Toronto health lawyer Lonny Rosen tells Lawyers Weekly . Read more

Important to strike right balance in health information disclosure

Ontario’s privacy laws strike the right balance when it comes to protecting the rights of individuals and those of their families to know about the mental health struggles of their loved ones, says Toronto health lawyer Kate Dewhirst . Read more

Bill 119 promotes transparency and patient-centred process

Ontario’s newly passed Bill 119 is designed to provide more transparency to patients and their families, as well as promote information-sharing between health organizations about critical incidents, says Toronto health lawyer Michael Gleeson. Read more

How colleges handle complaints from someone other than a patient

By Lonny Rosen and Elyse Sunshine . Anyone can file a complaint about a regulated health professional’s conduct, be it a patient, a patient’s family member or friend, a colleague, an employer or even a business competitor. Read more

Medical assistance in dying: an update

By Lonny Rosen and Elyse Sunshine . As of June 6, 2016, medical assistance in dying (MAID) is permitted in Canada. This date marked the passing of a deadline set by the Supreme Court of Canada (SCC) for the federal government to pass a new law on MAID before the Criminal Code prohibition on MAID became invalid. As a result of the fact that no such legislation has yet been passed, there is much confusion among the provinces, health care providers, and the patients who wish to access MAID. What is clear, however, is that MAID is still only available to the individuals who meet the criteria set out by the SCC in the Carter v. Canada (Attorney General) , 2015 SCC 5 ( Carter ) decision. In order to be eligible for MAID an individual must: Read more

Interim order to protect health records: PHIPA decision 23

By Lonny Rosen and Elyse Sunshine . On January 14, 2016, the IPC issued an interim order under PHIPA directing the landlord of a premise containing abandoned health records to ensure the security of the records for two months, pending the completion of an ongoing IPC review. Read more

Medical assistance in dying is now legal in Canada – what’s next?

by Mary Jane Dykeman and Nareh Ghalustians. Health practitioners are also guided by the directives issued by their respective health regulatory colleges (i.e. those governing physicians, nurses and pharmacists, among others, such as the College of Physicians and Surgeons of Ontario’s interim guidance document. Read more

CPSO revises policy on physicians treating friends and family

By Lonny Rosen and Elyse Sunshine . The College of Physician and Surgeons of Ontario (CPSO) recently reviewed and updated its policy on “Physician Treatment of Self, Family Members, or Others Close to Them.” We’ve summarized the policy below: Read more

What constitutes reasonable searches for responsive records?

By Lonny Rosen and Elyse Sunshine . This decision involved a request under PHIPA made by a woman for hospital records relating to her son, who was killed in a motor vehicle accident. The hospital conducted a search and granted access to all the responsive records it located. Read more

Advocates' Society 'Hitting Your Stride' program to target mid-career litigators

Toronto health lawyer Lonny Rosen will co-chair an upcoming program hosted by The Advocates’ Society, aimed at helping mid-career advocates take their practices to the next level. Read more

First judicial authorization of physician-assisted death: Analysis

By Lonny Rosen and Elyse Sunshine . A Calgary woman recently ended her life with the help of two physicians, after being the first person in Canada to be granted judicial authorization for a physician-assisted death (PAD). The woman, known only as Ms. S due to a court-ordered publication ban to protect her privacy, successfully applied to the Court of Queen’s Bench of Alberta for an order that she qualified for the personal constitutional exemption from the Criminal Code prohibition on PAD (the Exemption) that the Supreme Court of Canada (SCC) granted on January 15, 2016 . Ms. S’s application was heard by Madam Justice S.L. Martin and the decision was released on February 29, 2016 (the Decision). Read more

Ontario passes amendments to protect patient privacy, improve transparency

Reforms to health privacy legislation that passed third reading in the Ontario legislature this week to enhance patient privacy, bring ing the province into line with several other jurisdictions, says Toronto health lawyer Mary Jane Dykeman. Read more