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Health Law

Alberta 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 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 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

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.

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.

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.

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Carbert Waite LLP