Osgoode Professional Development

Agenda
Tuesday, April 6, 2010

8:00		Registration and Continental Breakfast

8:30		Welcome and Introduction from the Course Leaders Lonny J. Rosen C.S., Gardiner Roberts LLP Pat Fryer, Patricia Fryer & Associates Inc.

8:35		When Health Law and Labour Law Intersect: Requiring Employees to Work During a Pandemic Philip Wolfenden, Gowling Lafleur Henderson LLP Occupational Health And Safety Act (OHSA)– employers’ duties and obligations Work refusals under the OHSA Employment Standards Act considerations Addressing privacy concerns: tips and tools for managing medical information before, during and after the pandemic Human resources considerations – business continuity plans; drafting pandemic policies; educating employees

9:15		Panel – Measurement and Evaluation of Patient Safety: Where and Why Patients Are at Risk Moderator Pat Fryer, Patricia Fryer & Associates Inc. Panellists Lori Borovoy, Risk Management Specialist, Central Community Care Access Centre Mary Gavel, Chief Privacy/Patient Affairs Officer Women’s College Hospital, Toronto Mary Jane Dykeman, Dykeman Dewhirst O’Brien LLP In this session, two health care risk management professionals, one drawn from community care, the other working at Women’s College Hospital in Toronto, and an experienced health law practitioner, will focus on where and why patients are most at risk, and what can be done to improve patient care and reduce claims.

10:05		Medical Malpractice Update: The Key Cases Over the Past 12 Months Michael B. Fraleigh, Fogler, Rubinoff LLP Michael B. Fraleigh, an experienced medical malpractice lawyer who has represented both health care institutions and patients in this context, highlights the key malpractice cases that have come before the courts in the past year, and their implication for hospitals.

10:45		Refreshment Break

11:00		When Things Go Wrong: Critical Incident Reporting, Disclosing Adverse Events and Effectively Managing the Consequences Polly Stevens, Director, Quality and Risk Management SickKids, Toronto Patrick J. Hawkins, Borden Ladner Gervais LLP The Canadian disclosure guidelines Documenting and reporting adverse events Best practices in investigating adverse events Effective disclosure policies – dos and don’ts Effective tips for dealing with the media when disclosing an adverse event Involving your insurer in the disclosure process

11:45		Accountability and Collaborative Care: A Medical Liability Perspective Wayne Brynaert, Gowling Lafleur Henderson LLP Ottawa Definition of collaborative care Direct liability, vicarious liability and joint and several liability Adequate insurance coverage: what’s available Effective risk management in a collaborative setting

12:15		Luncheon

1:00		Admission and Emergency Treatment: Practical Strategies for Limiting Your Exposure on the Front Line Dr. David Cameron, Medical Director, Brant Community Healthcare System, and Cameron Health Law Consulting Transfer of care from emergency medical staff to hospital staff: when is responsibility transferred? Legal risks in an overwhelmed E.R. – what are the key areas of concern? Dealing with abusive patients: what are your legal risks if you eject them from the facility? Can an overcrowded E.R. refuse patients? Dealing with the police Staff safety and violent patients: the obligation to provide a safe work environment Effective risk management strategies

1:45		Ontario’s Occupational Health and Safety Act: New Obligations for Dealing with Workplace Violence and Harassment Michael Watts, Osler, Hoskin & Harcourt LLP The key elements of Bill 168 What are the legal duties of employers, officers, supervisors and directors to manage workplace violence? Defining “workplace harassment” and “workplace violence” Drafting effective policies for dealing with workplace violence and harassment

2:15		Mandatory Reporting Obligations in a Health Care Setting Lonny J. Rosen C.S., Gardiner Roberts LLP The amendments to the Regulated Health Professions Act: assessing the impact of the new reporting requirements Who’s required to report on behalf of a facility? When is a health care professional - incompetent - incapacitated What does the College do upon receipt of a report of incompetency or incapacity?

2:45		Hospital Privileges Disputes: An Update Elyse R. Sunshine, Gardiner Roberts LLP Setting the scene: the legal relationship between doctors and hospitals Application for privileges – examining the rights and duties of the hospital Board when determining applications for privileges Revoking privileges Responding to claims involving natural justice, fairness and bias The latest cases involving privilege disputes

3:15		Refreshment Break

3:30		The Push to Extend the Freedom of Information Request Legislation into Hospitals: What Would it Mean for Your Organization? Kate Dewhirst, Dykeman Dewhirst O’Brien LLP The Ontario Hospitals Association is currently working with the Ontario Government to extend the reach of the Freedom of Information and Protection of Privacy Act (“FIPPA”) into hospitals. In this session, Kate Dewhirst assesses the far-reaching implications such a move might have on the hospital sector. Types of information that may be requested - general records and records relating to the requester’s own personal information held by the hospital Definition of “record” includes hard and electronic copies of documents, emails, voicemail messages and handwritten notes How are requests made? What are an organization’s response obligations? Exemptions from freedom of information requests Appeals Privacy protection obligations under FIPPA

4:15		The Rise of Health Care Human Rights Challenges Professor Joan Gilmour, Osgoode Hall Law School Dr. Kerry Bowman, University of Toronto Joint Centre for Bioethics The types of challenges that are coming before human rights tribunals and the courts - the right to treatment/therapy - timely access to health care Ethical considerations in the human rights challenge context Post-Chaoulli: what’s happening out there?

5:00		Program Concludes

OPTIONAL WORKSHOPS Wednesday, April 7, 2010

Workshop A - 9:00 a.m. - 12:00 p.m. Charting 101: The Medical Record as Evidence of Proper Care

Kristin L. Taylor, General Counsel, Centre for Addiction and Mental Health (CAMH) Michele Warner, Borden Ladner Gervais LLP Creating and dealing with documentation is an integral part of hospital procedure. Accurate charting is key to facilitating good patient care. Also, documentation is often a vital factor in responding effectively to allegations of negligence and/or professional misconduct.Don’t miss this essential practical session, which will explain how to chart effectively. The plaintiff’s use of documentation in any legal action The defendant’s use of documentation in any legal action The hospital’s duty to ensure proper charting is completed – the need to develop policies and clear standards of acceptable practice The types of documents that are relevant: full charts; medication records; schedules; appointment papers; employment files/reviews; hospital policies and procedures, notes and other memoranda How to record information accurately and effectively What are the typical problem areas in charting? The importance of recording at the time of the event Recording only what you saw or did Avoiding subjective conclusions and assumptions Why should you avoid recording the actions of other health care providers? The benefits of recording chronologically Blanks in the chart – what should you do? Late entries – dos and don’ts Making corrections to the chart – what to avoid “Severing” incorrect information from the chart Staff’s personal notes Charting by exception Electronic charting – what are the general requirements? Michele Warner is an associate at Borden Ladner Gervais LLP and is involved in representing hospitals and healthcare providers in proceedings before the courts and a variety of administrative tribunals. Her practice also involves providing legal advice to hospitals and healthcare providers concerning policies, risk management and compliance. Kristin L. Taylor is the General Counsel for the Centre for Addiction and Mental Health. She is a frequent speaker on health law issues. Prior to joining CAMH, she was a partner at Borden Ladner Gervais LLP. Her practice focused on health law litigation, risk management and hospital management issues.

Workshop C- 1:00 p.m. - 4:00 p.m. Health Information, Privacy and Security: An Intensive Guide to Your Legal Rights, Duties and Obligations

Jeff Curtis, Chief Privacy Officer, Sunnybrook Health Sciences Centre, Toronto Bonnie Freedman, Borden Ladner Gervais LLP As we move inexorably towards a greater integration and sharing of patient health care information, keeping up-to-date with privacy laws and the latest privacy strategies remains essential. In this in-depth session, two experts in the field, Jeff Curtis, Chief Privacy Officer at Sunnybrook Health Sciences Centre, and Bonnie Freedman, a lawyer at Borden Ladner Gervais LLP will provide you with answers to your most pressing privacy questions. Overview of the law relating to the privacy of health information What is confidential information? Nurses and other staff as “agents” of health information custodians Is the obligation to maintain confidentiality indefinite? When can you refuse to give a patient access to his or her information? What are the situations where consent to disclose information is not required? Disclosure to investigators – College, Public Guardian, Coroner Disclosure where the patient is the victim of a crime – e.g. spousal abuse Disclosure of confidential information where the patient is an accused offender Police at the bedside? Is there a duty to disclose information to the police? What is the circle of care? Hospital information sharing agreements Privacy challenges in the wider health care community Privacy, public health and pandemic planning: overcoming the challenges Handling privacy breaches Working within the legal framework: how do you get your transactions done Electronic information: how to deal effectively with the challenges posed by new technology Jeff Curtis is the Chief Privacy Officer for Sunnybrook Health Sciences Centre in Toronto. Jeff also advises on Strategic Planning, Board Governance and Information Technology related planning and risk management activities at the hospital. Jeff is currently also the Chief Privacy and Security Officer for the Hospital Diagnostic Repository Services (HDIRS) project in Ontario, which operates a diagnostic imaging repository for 35 hospitals across 4 LHINS. Jeff has worked in the Information Technology sector for the past 19 years, and began his career as an Economist in Toronto. Jeff has an undergraduate degree in Economics and an MBA from the University of Toronto and is a Certified Information Systems Security Professional. Bonnie Freedman is a lawyer at Borden Ladner Gervais LLP. Bonnie’s practice focuses on health, privacy and access and not-for-profit law. She provides advice to a broad range of clients in the health care sector, including hospitals, clinics, governments and government agencies, health professionals and their associations. She is a frequent speaker and writer on health law and privacy issues.