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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

Restructuring Alberta’s Healthcare System: What You Need to Know – May 20, 2025

Alberta is undergoing a significant transformation in how healthcare services are governed and delivered. Through the Health Statutes Amendment Act, 2024 and the newly enacted Provincial Health Agencies Act (PHAA), the province is replacing its longstanding centralized model under Alberta Health Services (AHS) with a sector-based structure [1]. This new framework introduces four Provincial Health […]

Exploring Rising Awards in Medical Malpractice Cases: What’s Driving the Trend?

In recent years, Canada has witnessed a steady rise in the size of awards granted in medical malpractice cases. It is no longer uncommon to see awards upwards of $10 million. In November 2024, the Superior Court of Quebec in Beaudoin c Jarcevic, 2024 QCCS 4669 (CanLii) rendered a historic judgment, awarding over $22 million […]

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. 

CBA Health Law Student Essay Contest

The CBA is accepting submissions for their Health Law Student Essay Contest. Carbert Waite LLP is proud to be the prize sponsor for this competition.

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.