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Medical Legal


Fasken takes a practical approach to complex issues. Apart from analyzing how case law and current regulations apply, we can work with you to sort out the aspects of your specific problem and all its component parts.
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Overview

Every day, healthcare professionals and organizations face ethical and other issues that could subject them to liability. Making confident, sensible decisions means determining how to apply the rules as well as what the rules are to begin with.

 

The health sector has a dizzying array of statutes, regulations, rules and by-laws governing interactions between patients and professionals.

 

We provide advice regarding interactions with patients and families, negligence and discipline matters, medical staff privileges, human rights complaints relating to medical services, and consent and capacity issues.

 

Other matters we help with include personal health information and privacy issues.

 

Fasken acts for hundreds of health organizations across Canada. We work with private and public entities as well as non-profits and corporations whose activities intersect with the system. Our clients include hospitals, private clinics, health authorities, long-term care homes, healthcare professionals and their regulatory colleges, home care companies and independent health facilities among others.

 

Our team is recognized for its deep experience and trusted relationships with a wide range of health sector clients in each of our regional markets, as well as national-level expertise. We share ideas and collaborate with clients wherever and whenever we can.

 

Subscribe to our “Health Law Bulletin”, browse some of the recent healthcare work we’ve assisted with or contact any of our lawyers to learn more.

Team

Primary Contacts
  • Mathieu Gagné, Partner | Co-Leader, Life Sciences, Montréal, QC, +1 514 397 7657, mgagne@fasken.com
  • David C. Rosenbaum, Partner | Litigation and Dispute Resolution, Toronto, ON, +1 416 868 3516, drosenbaum@fasken.com
  • Shahrooz Nabavi, Partner | Co-Leader, Technology, Media and Telecommunications, Vancouver, BC, +1 604 631 4910, snabavi@fasken.com

Client Work

  • HealWELL AI Inc. wins summary hearing at the Human Rights Tribunal of Ontario, [Case - HEALWELL AI Inc.], Canadian healthcare company successfully defends against Ontario Human Rights Tribunal application.
  • GlobalMed Inc. (Canada) and Schauenburg‐Truplast (China) acquired by Molded Devices, Inc., [Deal - GlobalMed Inc.], GlobalMed Inc. (Canada) and Schauenburg‐Truplast (China) acquired by Molded Devices, Inc.
  • Zomedica announces completion of public offering, [Deal - Zomedica Pharmaceuticals Corp.], Advised client on Canadian securities law requirements in connection with a Public Offering in the United States.
  • Zomedica announces completion of registered direct offering, [Deal - Zomedica Pharmaceuticals Corp.], Advised client on Canadian securities law requirements in connection with a Registered Direct Offering in the United States.
  • Constitutional challenge in the Superior Court of Québec attacking controversial amendments to the Patented Medicines Regulations and the validity of the existing PMPRB regime under the Patent Act, [Case - Merck Canada Inc., Janssen Inc., Servier Canada Inc., Boehringer Ingelheim Canada Ltd/Ltée, Bayer Canada Inc., Theratechnologies Inc., and an additional (Confidential) pharmaceutical company], Constitutional challenge in the Superior Court of Québec.
  • C.E. v. Collège des médecins du Québec, [Case - Collège des médecins]

Knowledge

  • Health Market Inquiry: Findings and Recommendations, 10/1/2019

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