Consent, Capacity and Substitute Decision Making at Osgoode
Lonny Rosen presented to the Osgoode Certificate Programs in Health Law and Mental Health Law on the topic of Consent, Capacity and Substitute Decision Making.
View ArticleInside College Fitness to Practise Proceedings
Ontario’s health regulatory colleges have the responsibility of governing the province’s regulated health professions in the public interest. As part of this duty, the colleges conduct investigations...
View ArticleHealth professionals: what to do when faced with criminal charges
Watch Lonny Rosen advise health professionals on what to do when faced with criminal charges:
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Ontario Government to Strengthen Health Privacy Laws
In the wake of a number of high-profile privacy breaches that flooded the media over the past year, Ontario’s Ministry of Health and Long-Term Care (the “Ministry”) has officially announced its...
View ArticlePatient Ombudsman to Provide Oversight of Health Sector
The Government of Ontario has responded to pressure to provide additional transparency and accountability to the health sector, by creating the role of patient ombudsman. The Patient Ombudsman will...
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Making Good on a Promise: New Legislation Introduced to Amend PHIPA
Earlier this week, the Ministry of Health and Long-Term Care (the “Ministry”) followed through on its promise to introduce amendments to the Personal Health Information Protection Act (“PHIPA”). Bill...
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Business Arrangements May Attract College Scrutiny
In our health law practice, we are often asked to provide advice with respect to whether the proposed business arrangements of health professionals are compliant with the rules regarding conflicts of...
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The Essentials of a Privacy Breach Management Protocol
Under Personal Health Information Protection Act, 2004 (“PHIPA”), all health care service providers are responsible for protecting the personal health information in their custody or control, and for...
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Can a Release Apply to College Complaints?
When individuals get into disputes, they have recourse to the court system. But when one of those individuals is a professional, then he or she may face a complaint to their governing body in addition...
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Review under PHIPA into Abandoned Records Finds Files are Secure
Earlier this year, we blogged about an interim order issued by the Information and Privacy Commissioner of Ontario (“IPC”) to ensure the security of abandoned health records pending the completion of...
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Medical Assistance in Dying Legislation and Policies Facing Legal Challenge...
Challenge to the College of Physicians and Surgeons of Ontario MAID Policy The College of Physicians and Surgeons of Ontario (“College”) is also facing a legal challenge in relation to MAID. Several...
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Updates to the CPSO’s Physician Behaviour in the Professional Environment Policy
Following public consultation, the College of Physicians and Surgeons of Ontario (the “College”) updated its policy on Physician Behaviour in the Professional Environment in May 2016. This policy sets...
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Expert Evidence Needed When Moving to a Dismiss Malpractice Claim
Unfortunately for health professionals in all disciplines and practice settings, a malpractice action can be commenced any time a patient or client suffers harm as a result of what the patient or their...
View ArticleDoctors must be sensitive to ‘growing’ trend
A recent study published in The Journal of the American Medical Association (JAMA) on women’s pubic hair grooming highlights a health issue that physicians may want to raise with patients, but it is...
View ArticleBernstein 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...
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Ontario Introduces Legislation to Significantly Expand the Authority of LHINs
At the start of June 2016, the Ontario government introduced Bill 210, Patients First Act, 2016, which would, if passed, expand the mandate of Ontario’s 14 Local Health Integration Networks (“LHINs”)...
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Wrong for physicians to have business relationship with patients
The suspension of an Ontario doctor for soliciting more than $700,000 in loans from his patients underscores how wrong it is for physicians to enter into any sort of business relationship with people...
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Deference for Inquiries, Complaints and Reports Committee’s Decision to Issue...
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...
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Professionals Entitled to Learn Lessons from Past Complaints
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...
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Professional Warned About Use of Foreign Language in Presence of Patients
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...
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