Elyse Sunshine

Elyse Sunshine
Rosen Sunshine LLP
Partner
Health

Elyse Sunshine, partner with Toronto's boutique health law firm Rosen Sunshine LLP, practises health law, professional liability and general civil litigation, with her main focus on advocacy on behalf of health-care professionals.

Ms. Sunshine, who received her LLB, Law from Western University, represents professionals in matters involving various administrative boards and tribunals, including committees of the College of Physicians and Surgeons of Ontario, the College of Nurses of Ontario, the Ontario College of Pharmacists, the College of Physiotherapists of Ontario and the College of Veterinarians of Ontario.

She also represents individual health-care providers in matters before the Health Professions Appeal and Review Board and the Health Services Appeal and Review Board.

Ms. Sunshine provides opinions and general advice to individuals and organizations and has been active in assisting professional organizations in creating their own regulatory structure and in seeking regulation under the Regulated Health Professions Act.

She assists clients in obtaining licensure for their independent health facilities and in preparing for inspections and audits, including peer reviews and other assessments. She is a frequent presenter to health professional groups on issues relating to health law and professional regulation.

Very active in the health community, Ms. Sunshine serves as a member of the Research Ethics Board at Holland Bloorview Kids Rehab and is a founding board member of the David Cornfield Melanoma Fund. She is also a member of the Medico-Legal Society, the Ontario Bar Association, and the Advocate’s Society.

Ms. Sunshine frequently presents to health professional groups on issues relating to health law and professional regulation.

Elyse Sunshine In The News
Children have a right to decide own medical treatment

There is no age of majority when it comes to health-care decisions in Ontario and most of Canada, Toronto health lawyer  Elyse Sunshine tells  AdvocateDaily.com . Read more

Agreeing to an undertaking was not enough to avoid a caution

By Lonny Rosen and Elyse Sunshine . A patient of a family physician had concerns about the medical care he received, specifically, that his doctor: prescribed inappropriate amounts or combinations of narcotic medications and failed to provide adequate monitoring for signs of drug side-effects or narcotic addiction. Read more

HPARB finds decision to caution unreasonable

By Elyse Sunshine and Lonny Rosen . The Health Professions Appeal and Review Board (the Board) returned a matter to the Inquiries, Complaints and Reports Committee (the Committee) of the College of Physicians and Surgeons of Ontario (the College) for reconsideration. Read more

Surprise health inspections require immediate legal advice: Sunshine

Keeping documents and records in order will help regulated health professionals should they face a surprise inspection or audit, says Toronto health lawyer  Elyse Sunshine . Read more

Be mindful of health professional/patient relationship boundaries

By Elyse Sunshine and Lonny Rosen . A health professional is in a position of power and trust and must establish and maintain appropriate professional boundaries with patients. Read more

Avoid intimate relationships with patients, clients: Sunshine

A regulated health professional will have their certificate of registration revoked if they become involved in a sexual relationship with a patient or client, Toronto health lawyer Elyse Sunshine , tells AdvocateDaily.com . Read more

Interpersonal difficulties with colleagues result in complaint, SCERP

By Lonny Rosen and Elyse Sunshine . Workplaces, including those in a health care environment, often include a variety of personalities that are not always complementary. Read more

HPARB decision holds valuable lessons for dentists

By Elyse Sunshine and Lonny Rosen . A recent decision  of the Health Professions Appeal and Review Board (the Board) confirming a decision by the Inquiries, Complaints and Reports Committee (the Committee) of the Royal College of Dental Surgeons of Ontario (the College) provides valuable lessons for all dentists. Read more

Health professional misconduct hearings: How to dim the media spotlight

Health professionals charged with misconduct by their College should adopt a careful, strategic approach when dealing with the media, says Toronto health lawyer Elyse Sunshine . Read more

Ignore complaints to college at your own peril: Sunshine

Health professionals need to pay close attention to complaints lodged against them with their college because the consequences can be dire, says Toronto health lawyer Elyse Sunshine . Read more

What should a dentist do if an instrument breaks during treatment?

By Lonny Rosen  and  Elyse Sunshine . In  a recent decision , the Health Professions Appeal and Review Board (the Board) affirmed the obligations of a dentist when a surgical instrument broke during treatment. Read more

Oral caution unreasonable for retired nurse

By Elyse Sunshine and Lonny Rosen . In  a recent review , the Health Professions Appeal and Review Board (the Board) found that the decision of the Inquiries, Complaints and Reports Committee (the Committee) of the College of Nurses of Ontario to require a retired nurse to receive an oral caution to be unreasonable and substituted advice for the nurse instead. Read more

Legal pot should spark healthy dialogue among care providers

Although recreational marijuana is now legal, hospital staff should not ask patients if they are users unless it’s relevant to their treatment, Toronto health lawyer Elyse Sunshine , tells AdvocateDaily.com . Read more

Mental capacity key to treatment decisions

A recent court ruling that allowed a hospital to force feed a woman with anorexia highlights the necessity of having a clear mental state when making personal health-care decisions, says Toronto health lawyer  Elyse Sunshine . Read more

Further clarity on meaning of controlled act of psychotherapy

By Lonny Rosen and Elyse Sunshine . The controlled act of psychotherapy was proclaimed in force on Dec. 31, 2017. Read more

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