Lonny Rosen

Lonny Rosen
Rosen Sunshine LLP
Partner
Health

Lonny J. Rosen, a partner with boutique Toronto health law firm Rosen Sunshine LLP, is certified by the Law Society of Ontario as a specialist in health law.

Mr. Rosen’s practice focuses on providing opinions and advice with respect to health-care legislation and policies, and representing clients in a wide range of civil and administrative proceedings. His clients include health-care professionals, administrators of health-care facilities, professional associations and individuals.

He was called to the Ontario Bar in 1998, after earning his Bachelor of Laws from Osgoode Hall Law School in 1996 and a Bachelor of Arts degree from McGill University in 1993.

By Order in Council, Mr. Rosen was appointed to the Consent and Capacity Board, an independent body created by the provincial government that conducts hearings regarding consent, capacity and mental health issues.  In this capacity, he presides over hearings of applications by individuals whose involuntary status in hospital or whose capacity to consent to treatment or admission to a care facility is in issue.

Mr. Rosen regularly represents health professionals in complaint and discipline matters, investigations, audits and peer reviews, hospital privileges disputes and in hearings before various health tribunals. He advises clients on a wide variety of health law issues, including with respect to privacy, the delivery of private health care and other aspects of practice management.

He has served as chair of the health law sections of both the Canadian and Ontario Bar Associations; as program committee chair of the Medico-Legal Society of Toronto, and member of the Board of Directors of The Advocates’ Society and as a Member of the Executive of the CBA Health Law Section.

For six years, Mr. Rosen served as a member of the Hospital for Sick Children’s research ethics board. He is currently a member of the Canadian Hospice Palliative Care Association’s Advance Care Planning Task Group, through which he helps to promote advance care planning in Canada. He is also an active member of the Society for Ontario Adjudicators and Regulators (SOAR) and of the Medico-Legal Society of Toronto.

Mr. Rosen frequently writes and speaks on health law issues, including as a faculty member for Osgoode Professional Development’s Certificate Programs in Health Law and Mental Health Law and as co-director for the Osgoode Certifcate in Professional Regulation and Discipline in the Ontario Health Sector.

Lonny Rosen In The News
Health professionals must address clients recording of discussions

Health professionals need to have clear guidelines about whether clients can record their discussions, with those either posted in the waiting room or discussed at the beginning of the appointment, says Toronto health lawyer Lonny Rosen . Read more

Mere possibility of harm insufficient to deny access to records

Health-care organizations must provide individuals with all of their personal health information — including the names of those individuals providing the service — unless one of the exemptions in the law applies, says Toronto health lawyer Lonny Rosen . Read more

Court awards $50,000 to doctor due to defamatory postings

By Lonny Rosen and Elyse Sunshine . Many health professionals have concerns about postings made about them on rating websites. A recent  case  heard in Kingston, Ont. dealt with defamatory comments written about a doctor on a popular website. Read more

Reasonable for psychiatrist to decline patient’s request

By Elyse Sunshine and Lonny Rosen . A patient complained about the conduct of a psychiatrist, stating that the psychiatrist wrote false information in the patient’s medical records, but would not amend it. The patient also complained that the psychiatrist breached her confidentiality by providing these records to her family doctor. Read more

Dentists have discretion to implement cancellation, late arrival policies

By Lonny Rosen and Elyse Sunshine . A patient complained about the conduct of his dentist, stating that the dentist’s cancellation policy and possible refusal to provide treatment violated the patient’s human rights. The patient also stated that the dentist’s receptionist was abusive and uncooperative. Read more

What is a review at the Health Professions Appeal and Review Board?

By Elyse Sunshine and Lonny Rosen . The Health Professions Appeal and Review Board (the Board) is an independent adjudicative agency that, on request, reviews decisions made by the Inquiries, Complaints and Reports Committee (the Committee) of the various regulated health professional colleges in Ontario after a patient makes a complaint. Read more

Use proper channels when patient information requested: Rosen

Health-care providers should take care when sharing a patient’s medical information with law enforcement, Toronto health lawyer  Lonny Rosen tells  AdvocateDaily.com . Read more

Discipline committees can appoint counsel to assist in certain cases

Self-represented parties are a fact of life for most regulatory tribunals, but there are circumstances where legal counsel can be appointed to assist, to the benefit of everyone involved, Toronto health lawyer  Lonny Rosen  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

Protocol for drug dependent health-care professionals a positive step

Ontario nursing professionals now have a confidential and secure way to address their drug and alcohol problems, Toronto health lawyer Lonny Rosen tells AdvocateDaily.com . 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

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

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

It's vital to show complaints panel a path to correct decision: Rosen

Health professionals subjected to a College investigation can go a long way towards avoiding serious consequences for minor complaints if they answer the complaint appropriately, Toronto health lawyer Lonny Rosen  tells  AdvocateDaily.com . Read more

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