The Ethical Dimensions of Health Law Practice: Challenges and Practical Insights for Lawyers Representing Patients, Health Care Professionals, Institutions and Regulators
Author(s): Ontario Bar Association
Publication Date: February 2017
Format: shipped (hardcopy), download (PDF)


Description
Ethical issues arise in many areas of health law and raise complex issues that legal practitioners must tackle on a daily basis. The protection of confidentiality and privacy of patients, health care institutions and health professionals must be balanced against statutory access rights and disclosure obligations, raising challenging ethical considerations.

Lawyers who work with vulnerable clients and patient populations routinely grapple with the inherent ethical dimensions of capacity, consent, substitute decision-making, power of attorney and guardianship issues. In the context of professional regulation, defence counsel, College prosecution and College staff also deal with a wide array of ethical dilemmas and practical considerations in complaints, investigations, discipline, fitness to practice and other regulatory proceedings.

PROGRAM CHAIRS

Erin Dobbelsteyn, Rosen Sunshine LLP
Alice Melcov, Legal and Policy Advisor, Ontario Hospital Association

TABLE OF CONTENTS

Ethics and Information Practices in Health Care: Disclosure Requirements
PowerPoint Slides

Patrick Hawkins, Borden Ladner Gervais LLP

New QCIPA and Hospital Management Regulations Changes - Coming into Force July 1, 2017
Kim Dullet, Borden Ladner Gervais LLP
Marion Unrau, Borden Ladner Gervais LLP

QCIPA Review Committee Recommendations - Supporting Materials

Ethics and Information Practices in the Health Care Context
Kate Dewhirst, Kate Dewhirst Health Law

Summary of IPC/O's PHIPA Decisions in 2016
Kate Dewhirst, Kate Dewhirst Health Law

Highlights of Data Breach Litigation and Damage Awards in Canada 2010-2016
Alex Cameron, Fasken Martineau DuMoulin LLP

Representing a Client who has a Mental Health Issue before the Consent and Capacity Board
Anita Szigeti, Hiltz Szigeti LLP

Instructions vs. Interests: An Advocacy Primer
Anita Szigeti, Hiltz Szigeti LLP
Ruby Dhand, Thompson Rivers University, Faculty of Law

Instructions vs. Interests: An Advocacy Primer
Anita Szigeti, Hiltz Szigeti LLP
Sarah Latimer, Swadron Associates

Treatment of Children and Adolescents Special Issues
Daphne Jarvis, Borden Ladner Gervais LLP

Evaluating Capacity: Roles and Responsibilities of the Lawyer
Nimali Gamage, Goddard Gamage Stephens LLP

Advising the client as to whether a guardianship application should be brought
Nimali Gamage, Goddard Gamage Stephens LLP

Minor Guardianships in Non-Traditional Families
Nimali Gamage, Goddard Gamage Stephens LLP
Kathryn Balter, Goddard Gamage Stephens LLP

Planning Issues and Options for the Disabled Person
Nimali Gamage, Goddard Gamage Stephens LLP

Ontario Disability Support Program (ODSP) Issues in Estate and Guardianship Litigation
Nimali Gamage, Goddard Gamage Stephens LLP

Expert Evidence: Practical and Ethical Considerations - Powerpoint Slides
Carolyn Silver, Counsel, College of Physicians and Surgeons of Ontario

Transparency in Health Care Regulations Chart
Josh Koziebrocki, Koziebrocki Law

Tips from Independent Legal Counsel
Rebecca Durcan, Steinecke Maciura LeBlanc

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