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Osgoode’s Certificate in Health Law, now in its seventh year, was developed to better prepare individuals and their organizations to overcome the most common legal pitfalls in the health care arena.

Over five intensive one-day modules, which include lectures, case studies, small group discussions, live simulations and demonstrations, you will learn what you need to know about contemporary issues in health law.

Our truly outstanding faculty comprising lawyers, health care professionals, patient rights’ advocates, ethicists, risk managers and insurance industry experts will equip you with the practical knowledge and strategies you and your organization need to be better positioned to make sound, professional judgments, improve patient care and safety, and to take the necessary steps to minimize risk.

What You Will Learn

  • The role of the legal system in health care delivery: the framework
  • Capacity and consent to treatment; substitute decision-making
  • Refusing treatment and withdrawal of treatment
  • Live demonstration: mock Consent and Capacity Board hearing
  • The role of Community Care Access Centres (CCACs) and other agents in the community with fiduciary obligations
  • First contact: the law relating to ambulance services and operators
  • Malpractice in health care – standard of care, causation and assessing damages
  • Live Simulation: Examination for Discovery
  • Privacy and health law: the key legal principles
  • Privacy challenges in the wider health care community
  • Collaborative care – problems and pitfalls
  • The regulation of health professionals
  • Human rights and ethical challenges – end of life and human reproductive issues
  • Risk management – responding effectively to risk in specialty areas
  • Coroners’ inquests – what to expect if you are involved in the process

Faculty

Program Director

  • Wendy Whelan, Borden Ladner Gervais LLP

Advisory Board

  • Dr. David A. Cameron, Regional Supervising Coroner, North Region Sudbury Office, Office of the Chief Coroner
  • Jeff Curtis, Chief Privacy Officer, Sunnybrook Health Sciences Centre
  • Kate Dewhirst, Dykeman Dewhirst O’Brien LLP
  • Professor Joan M. Gilmour, Osgoode Hall Law School, York University
  • Cathy Szabo, President & CEO, Providence Care
  • Kristin L. Taylor, VP Legal Services and General Counsel, Centre for Addiction and Mental Health (CAMH)
  • Dr. Bob Bell, Deputy Minister of Health and Long Term Care (Ontario)
  • Lori Borovoy, Director of Risk Management and Patient Safety, Central Community Access Centre
  • Dr. Kerry Bowman, Clinical Ethicist, Mount Sinai Hospital, Toronto and University of Toronto Joint Centre for Bioethics
  • Amanda Brennan, Manager Information Privacy & Legal Counsel at Ornge
  • Janice Campbell, Risk Manager/Privacy Officer, Department of Quality and Risk Management, SickKids Hospital, Toronto
  • Dr. David A. Cameron, Regional Supervising Coroner, North Region Sudbury Office, Office of the Chief Coroner
  • Cindy Clarke, Borden Ladner Gervais LLP
  • Dr. Michael Colleton, Michael Colleton Medicine Professional Corporation
  • Kate Crawford, Borden Ladner Gervais LLP
  • Logan Crowell, Borden Ladner Gervais LLP
  • S. Ashley Dent, Senior Counsel, eHealth Ontario
  • Kate Dewhirst, Dykeman Dewhirst O’Brien LLP
  • Barry Glaspell, Borden Ladner Gervais LLP
  • Lynn Harrett, Interim Chief Executive Officer, Central Community Care Access Centre (CCAC)
  • Kate A. Hughes, Cavalluzzo Shilton McIntyre Cornish LLP
  • Daphne Jarvis, Borden Ladner Gervais LLP
  • Jaan Lilles, Lenczner Slaght Royce Smith Griffin LLP
  • Andrew Loh, Borden Ladner Gervais LLP
  • Dr. William J. (Bill) Lucas, Regional Supervising Coroner – Central West, Office of the Chief Coroner
  • Barbara A. MacFarlane, Torkin Manes LLP
  • Anna L. Marrison, Borden Ladner Gervais LLP
  • Lonny J. Rosen, C.S., Rosen Sunshine LLP
  • Polly Stevens, Vice President, Healthcare Risk Management, Healthcare Insurance Reciprocal of Canada (HIROC)
  • Anita Szigeti, Barrister, Anita Szigeti Advocates
  • Kristin L. Taylor, VP Legal Services and General Counsel, Centre for Addiction and Mental Health (CAMH)
  • Marc Toppings, General Counsel, Mount Sinai Hospital, Toronto
  • Lydia Wakulowsky, Borden Ladner Gervais LLP
  • Wendy Whelan, Borden Ladner Gervais LLP

Agenda

  • MODULE 1: The Osgoode Certificate in Health Law

    March 8, 2016, 9:00 a.m. – 4:30 p.m.

    Accountability in Health Care: The Legal Framework

    • Introduction: the role of the legal system in health care delivery
    • Provincial and Federal divide and it’s impact on the legal framework
    • Types of health care providers
    • Corporate status of hospitals
    • Accountability and LHINs
    • Directors roles and duties
    • Individual and institutional liability
    • Accreditation and licensing
    • Hospital/medical staff relationships
    • The hospital as commercial contractor
    • The role of the CCAC
    • Other actors/agents in the community with fiduciary responsibilities
    • A right to health care: what is covered, and what’s not?
    • First contact: the law relating to ambulance services and operators

    Keynote Luncheon Address

    • Dr. Bob Bell, Deputy Minister of Health and Long Term Care (Ontario)

    Faculty

    • Kristin L. Taylor, VP Legal Services and General Counsel, Centre for Addiction and Mental Health (CAMH)
    • Lydia Wakulowsky, Borden Ladner Gervais LLP
    • Lynn Harrett, Interim Chief Executive Officer, Central Community Care Access Centre (CCAC)
    • Anna L. Marrison, Borden Ladner Gervais LLP
    • Amanda Brennan, Manager Information, Privacy & Legal Counsel at Ornge
  • MODULE 2: The Osgoode Certificate in Health Law

    March 23, 2016, 9:00 a.m. – 4:15 p.m.

    Consent and Capacity

    • What is valid consent? – the elements of consent
    • Informed consent
    • Withdrawing consent
    • Documenting consent: best practices
    • Right to refuse treatment
    • Assessment of capacity – case studies
    • Live demonstration: mock Consent and Capacity Board hearing
    • Substitute decision makers: what’s the ranking order?
    • Dealing with complex ethical situations
    • Consent & capacity in a mental health setting
    • The interplay between the civil and criminal systems
    • Consent and capacity – a clinician’s perspective
    • End of life issues and the impact of the Carter decision
    • Consent in clinical trials

    Faculty

    • Lonny J. Rosen, C.S., Rosen Sunshine LLP
    • Anita Szigeti, Barrister, Anita Szigeti Advocates
    • Dr. Michael Colleton, Michael Colleton Medicine Professional Corporation
    • Andrew Loh, Borden Ladner Gervais LLP
    • Cindy Clarke, Borden Ladner Gervais LLP
  • MODULE 3: The Osgoode Certificate in Health Law

    March 29, 2016, 9:00 a.m. – 4:30 p.m.

    Medical Malpractice: Theory and Practice

    This module introduces the law of medical malpractice. In addition to providing a clear overview of the substantive law, there will be a mock exercise of an examination for discovery. This practical demonstration by experienced plaintiff and defence counsel will provide a key insight into adversarial process in malpractice litigation.

    • Medical malpractice case law review: what kinds of cases are on the rise?
    • Overview of the litigation process
    • The standard of care – what is the current legal standard of care in a malpractice suit?
    • Breach of the standard of care
    • Determining causation
    • Assessing damages – are amounts awarded going up?
    • Defences to a malpractice claim
    • The importance of documentation – charting essentials
    • Disclosing adverse events
    • Apology legislation and its implications
    • Live demonstration: mock examination for discovery

    Faculty

    • Wendy Whelan, Borden Ladner Gervais LLP
    • Anna L. Marrison, Borden Ladner Gervais LLP
    • Jaan Lilles, Lenczner Slaght Royce Smith Griffin LLP
    • Kate Crawford, Borden Ladner Gervais LLP
    • Barbara A. MacFarlane, Torkin Manes LLP
    • Dr. David A. Cameron, Regional Supervising Coroner, North Region, Sudbury Office, Office of the Chief Coroner
  • MODULE 4: The Osgoode Certificate in Health Law

    April 5, 2016, 9:00 a.m. – 4:30 p.m.

    Health Information, Privacy and Security/Risk Management in Health Care

    Morning Session

    • Overview of the law relating to the privacy of health information
    • What is the circle of care?
    • Hospital information sharing agreements
    • Privacy challenges in the wider health care community
    • Handling privacy breaches
    • Responding appropriately to freedom of information requests
    • Working within the legal framework: how do you get your transactions done – what are the practical considerations?

    Afternoon Session

    • Community health care and risk management: special considerations
    • Critical incident investigation – learning from adverse events and near misses
    • Claims management: the role of the insurer
    • Using malpractice claims data to improve patient care

    Faculty

    • Kate Dewhirst, Dykeman Dewhirst O’Brien LLP
    • Logan Crowell, Borden Ladner Gervais LLP
    • S. Ashley Dent, Senior Counsel, eHealth Ontario
    • Marc Toppings, General Counsel, Mount Sinai Hospital, Toronto
    • Lori Borovoy, Director of Risk Management and Patient Safety, Central Community Access Centre
    • Janice Campbell, Risk Manager/Privacy Officer, Department of Quality and Risk Management, SickKids Hospital, Toronto
    • Polly Stevens, Vice President, Healthcare Risk Management, Healthcare Insurance Reciprocal of Canada (HIROC)
  • MODULE 5: The Osgoode Certificate in Health Law

    April 12, 2016, 9:00 a.m. – 4:30 p.m.

    Regulation of Health Care Professionals and Other Legal Issues Affecting Health Care Providers

    • Role of the Colleges/processes before the Colleges: what should you expect?
    • Health Professions Appeal and Review Board
    • Health Services Review and Appeal Board
    • Public Inquiries and health care class actions
    • Coroners’ Inquests
    • Human rights challenges and ethical considerations in relation to:
      • end-of-life issues
      • human reproductive issues

    Keynote Luncheon Address

    • Dr. William J. (Bill) Lucas, Regional Supervising Coroner – Central West, Office of the Chief Coroner

    Faculty

    • Barry Glaspell, Borden Ladner Gervais LLP
    • Cindy Clarke, Borden Ladner Gervais LLP
    • Kate A. Hughes, Cavalluzzo Shilton McIntyre Cornish LLP
    • Dr. Kerry Bowman, Clinical Ethicist, Mount Sinai Hospital, Toronto and University of Toronto Joint Centre for Bioethics
    • Daphne Jarvis, Borden Ladner Gervais LLP

    Note: There will be a take-home assignment at the end of this module.

CCHL Maintenance of Certification

Attendance at this program entitles certified Canadian College of Health Leaders members (CHE / Fellow) to 10 Category II credits towards their maintenance of certification requirement.

Fees

Fees include attendance, program materials, continental breakfast, lunch and refreshments for each of the 5 days of the program. The price does not include accommodations. Please inquire about group discounts and financial assistance. Dress is business casual.

Program Changes

We will make every effort to present the certificate program as advertised, but it may be necessary to change the dates, location, speakers or content with little or no notice. In the event of program cancellation, York University and Osgoode Hall Law School’s liability is limited to reimbursement of paid fees.

Certificate of Program Completion

You will receive a certificate upon completion of The Osgoode Certificate in Health Law. Participants must attend all program modules and pass a take-home assignment to receive a certificate.

Cancellations and Substitutions

If you are unable to attend the program your organization may name a replacement. A full refund will be issued for cancellations received a minimum of 21 days before the program start date. Written cancellations received after February 16, 2016 will be subject to an administration charge of $700. No refunds will be issued after the program commences. Non-attendance or withdrawal after the program start date will incur a full program fee. Payment must be received by February 23, 2016.

Program Lawyer

If you have any questions or would like more information please contact:
Christine Hunter
chunter@osgoode.yorku.ca

Program Details

Date & Time

March 8, 23, & 29
April 5, & 12, 2016

5 days over 6 weeks

Location

Osgoode Professional Development Centre,
1 Dundas St. W., 26th Floor Toronto, ON

Fee per Delegate

$3,395 plus HST

Please for this program is now closed.

Eligible CPD Credit Hours

Questions?

Who Should Attend

  • Physicians, nurses and other licensed medical professionals
  • Representatives from hospitals, psychiatric facilities, long term care facilities, CCACs, and community service provider agencies
  • Health care risk managers
  • Privacy officers, security officers and compliance officers for health care institutions
  • Patient representatives
  • Ethicists
  • In-house counsel to health care institutions
  • Health law practitioners
  • Government and public policy advisors

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“The information in this course should be mandatory in all health care training programs”
Janice Janz, RN, University Health Network – Toronto Western Hospital

“This phenomenal course stimulates and encourages me to go back to my hospital to review and determine if we have the right policies and procedures in place”
Barbara Guidolin, Vice-President, Patient Services and Chief Nursing Executive, Georgian Bay General

Hotels & Parking

If you require accommodations in downtown Toronto, OsgoodePD has arranged Corporate Rates with several hotels within walking distance of our downtown conference centre.

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