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Health Law

Health Care Negligence Lawyers

We advise and represent healthcare institutions, nurses, physicians, private clinics and other healthcare professionals in the following areas of health law:

Health Care Negligence Claims Representation

  • In-depth assessment and investigation of allegations of negligence against health care institutions and health care providers
  • Recommendations on fair and reasonable early resolution of indefensible claims
  • Defence of professional negligence claims
  • Detailed, comprehensive client-specific reporting
    Gathering facts and expert evidence to provide specialized advice and representation
  • Detailed preparation of health care providers and corporate representatives for testimony
  • Conducting sensitive, comprehensive and probing questioning of claimants
  • Detailed assessment of litigation risk and recommendations on defensibility or settlement
  • Representation at Alternate Dispute Resolution proceedings
  • Experienced and effective trial and appeal representation

Fatality Inquiry Legal Representation

  • Investigation of circumstances leading to death
  • Review of policies and procedures relevant to incident
  • Review of systems issues that may have contributed to death
  • Review of changes made post incident
  • Preparation of systems improvement evidence for submission to court
  • Advising on complex Quality Assurance issues arising from incident
  • Advising on potential recommendations arising from Inquiry and advocacy to ensure recommendations are reasonable, practical and fiscally responsible

Advisory Services and Legal Representation

  • Drafting and revisions of policies and procedures for healthcare institutions
  • Advising internal legal counsel and critical care teams on end of life disputes
  • Representation of health care institutions in end of life injunction applications
  • Information access and privacy issues
  • Legislative compliance
  • Liability and defence cost reserve assessment
  • Mental health applications before review panels
  • Advice and representation on Public Health investigations and prosecutions
  • Appeals and Judicial Reviews of Administrative tribunal decisions
  • Professional discipline matters before hearing tribunals
  • Quality assurance matters
  • Use of release of confidential information
  • Risk management recommendations to health care institutions

Tort Damages Reduced to Offset Future Government Funding?

Explore the implications of the Court's ruling on tort damages reduction and government funding in Alberta. Understand the challenges faced by defendants and the call for legislative clarity in deducting government programs from damage awards.

Kate Perala for ABlawg – Private Healthcare and the Law

Carbert Waite student-at-law, Kate Perala, recently co-authored a piece on ABlawg.ca where she offered her insights into a decision surrounding private healthcare. 

Carbert Waite LLP Lawyers Recognized as Best Lawyers: Ones to Watch in Canada for 2022

Matthew Bobawasky and Eleanor Carlson have been awarded with Best Lawyers: Ones to Watch.

Navigating the Federal Vaccine Injury Support Program

In June 2021 the Federal Government began accepting applications for its Vaccine Injury Support Program (VISP). This blog discusses the new program and examines its eligibility criteria and application process.

Amendments to Medical Assistance in Dying Laws in Canada

This blog post reviews the judicial and legislative history of Medical Assistance in Dying (MAiD) in Canada, outlines the major new changes, and discusses some ongoing concerns with the MAiD laws.

Can Employers Require COVID-19 Vaccinations?

Requiring proof of vaccination against COVID-19 is a step governments, employers, and businesses may be considering. Proof of vaccination compliance has been mandatory in some situations before COVID-19.

Michael Waite, Q.C. joins Chris Rokosh on Inside Medical Malpractice

Carbert Waite’s Michael Waite, Q.C. recently joined Chris Rokosh, President of Connect Medical Legal Experts Inc. on her podcast, Inside Medical Malpractice. Michael gave listeners an insight into the perspective of a hospital defence lawyer, answered questions about the medical malpractice process, and gave his opinion on the most important thing nurses, doctors, plaintiff lawyers and the public should know about preventing a lawsuit.

Alberta’s Mental Health Amendment Act (Bill 17)

On July 17, 2019 the Alberta Court of Queen’s Bench ruled in JH v Alberta Health Services, 2019 ABQB 540 that several provisions in the Mental Health Act, specifically those pertaining to involuntary detention, were unconstitutional. This blog post explains some of the key changes and comments on how these changes will affect patients, families and health care providers.

Bill 30 – Health Statutes Amendment Act, 2020

On July 6, 2020, the Legislature of Alberta introduced Bill 30: Health Statutes Amendment Act, 2020. Bill 30 proposed amendments to a number of statutes across the health sector. This blog post explains some of the key changes and discusses how these changes may affect Albertans.

Challenges Faced by Long-Term Care Facilities During COVID-19

Author: Tory Hibbitt Long-term care facility owners, managers, and operators are aware that COVID-19 has seriously impacted both residents and nurses at long-term care (“LTC”) facilities in Canada.  The management and limited supply of personal protective equipment (“PPE”) has resulted in nursing staff filing safety complaints. In a recent decision by the Ontario Superior Court […]

When Can I Use an Electronic Signature?

Author: Fiona Balaton As the situation with COVID-19 rapidly evolves, many people are being forced to create alternative solutions to conducting business. With many people working from home and conducting meetings by video, electronic signatures are being used more frequently. Electronic Transactions Act The Electronic Transactions Act (“ETA”) sets out how electronic signatures are recognised […]

COVID-19 in the Workplace: Keep Calm and Carry On!

Alberta has confirmed seven cases of the COVID-19 virus, or novel coronavirus, as of the posting of this article. These cases, along with daily media reports from across the globe, seem to be prompting heightened fear of the virus. Alberta Health Services is posting up to date information and news releases here. Although there is no need for employers to panic, it is important for employers to be aware of their legal obligations to employees in relation to COVID-19.

A.H. v. Fraser Health Authority: Issues of Unlawful Detainment

In the recent decision, A.H. v. Fraser Health Authority 2019 BCSC 227, the Supreme Court of British Columbia affirmed the primacy of liberty and autonomy of vulnerable patients, and held that the unlawful detainment of a 39 year old woman violated of her ss. 7, 9, and 10 rights protected by the Canadian Charter of Human Rights and Freedoms (the “Charter”).

Goudge Report Summary

At the request of Ontario’s Ministry of Health and Long Term Care, the Honourable Stephen Goudge, Q.C. (“Mr. Goudge”), former Justice of the Ontario Court of Appeal, conducted a review of the Ontario civil justice system as it relates to medical liability cases.

Managing Disabled Employees

Common law rights of employers are restricted by human rights legislation. The Alberta Human Rights Act prohibits certain discriminatory employment practices that are otherwise permitted under the general laws of contract. Because disabled persons are a protected class, businesses cannot utilize employment practices that discriminate against them.