Articles 2020

On April 12, 2016, the OBA Health Law Section held a dinner program on key strategies and practical tips for a successful medical malpractice trial. The program moderators were OBA executive members Nadia Marotta and Alexa Turner.

On January 8, 2016, the Information and Privacy Commissioner of Ontario released four new decisions with respect to complaints made under the Personal Health Information Protection Act, 2004 (“PHIPA”): PHIPA Decision 19, 20, 21 and 22 (the “Decisions”). The Decisions, which were issued by Assistant Commissioner Sherry Liang, concern requests by individuals for the personal health information of a deceased family member.

Bill S-201: An Act to prohibit and prevent genetic discrimination was referred to the Senate’s Human Rights Committee following Second Reading on January 27, 2016, and seeks to prohibit the requirement of genetic testing and the disclosure of genetic testing in a number of circumstances.

The Ontario Superior Court of Justice has released a Practice Advisory on applications for judicial authorization of physician assisted death. This article provides a brief summary of the key elements of the Practice Advisory.

The OBA Health Law section kicked off the year with a dinner program aimed at helping lawyers to navigate disputes regarding hospital privileges. The panel discussed strategic and practice-related issues, as well as recent changes to the Public Hospitals Act.

The Ontario Government recently released a report regarding the governance structure of primary care in the province entitled Patient Care Groups: A new model of population based primary health care for Ontario and authored by Dr. David Price and Elizabeth Baker (Price-Baker Report). The release of the report has raised speculation that the Ministry may act in the near future.

Following a very successful program at the OBA Institute 2015, the Health Law Section will be hosting another program at the upcoming OBA Institute on February 4th, 2016 from 9:00 am to 12:00 pm. Please save the date!

In the clinical care setting, a patient’s personal health information (PHI) is a powerful catalyst for optimizing healthcare outcomes. When utilized appropriately, it can have a critical role to play in enhancing the quality of care that a patient receives.

On March 4, 2015, the Ministry of Health and Long-Term Care announced the release of its review report of the quality improvement legislation, namely, the Quality of Care Information Protection Act, 2004.

This article explores the existing legislation in The Netherlands, Washington state and the proposed Quebec legislation with respect to physician assisted dying in light of the Carter decision and how the federal and provincial governments can look to this legislation for guidance.