Health

The legacy of the Health Law Group at Field Law is deeply rooted in Alberta and started when most hospitals were self-governed.  We continued to provide legal services in Alberta during the regionalization of health care, which became a single health care authority, and, currently, we are continuing to provide legal services during the refocusing of the Alberta health care system. For over 80 years Field Law has had lawyers dedicated to providing a broad range of legal advice and direction on issues related to healthcare organizations, clinical leaders, nursing staff, and front-line professionals in the province of Alberta. We also provide representation for universities in the context of residency/fellowship programs.

In the last 15 years, the Health Law Group has expanded to provide similar legal services to health care organizations in the Northwest Territories, British Columbia, and the Yukon. We have over a dozen dedicated health lawyers that reside in Calgary and Edmonton.  We also have a rotating in-house residency of health law lawyers in our Yellowknife office.

Health law is a nuanced area of legal practice that requires an understanding of how health care organizations work, the related legislative framework, internal governance, relationships with provincial governments, relationships with medical staff, and an appreciation that the provision of safe and quality patient care is a primary focus. Our Health Law group are not lawyers that have an “interest” in health law, our team have practices that are largely dedicated to health law. Our health law practices include:

Legal Disputes

• Defence of medical malpractice claims that allege negligent care by hospitals and hospital staff.
• Urgent court proceedings including health care related injunctions and restraining orders.
• Judicial review of administrative tribunal decisions on behalf of health care organizations, including the Hospital Privileges Appeal Board, the Public Health Appeal Board, the Mental Health Review Board and Bylaw Hearing decisions.
• Representation of health care organizations at Fatality Inquiries in Alberta and Coroner's Inquests in the NWT.
• Class action support for health care organizations. 

Opinion Work

• Legislative review and opinions on the impact on health care organizations.
• Drafting and reviewing contracts for health care organizations engaging the services of medical leaders.
• Review organizational policies with respect to process and governance. 

Bylaw Processes

• Drafting and revising Medical Staff Rules.
• Advising physician leaders on investigations and disciplinary processes under Medical Staff Bylaws.
• Negotiating consensual resolution agreements between health care organizations and physicians.
• Representing health care organizations in administrative bylaw hearings.
  

Governance Counsel

• Advising medical advisory committees on process, motions, hearings, and decisions.
• Advising PGME programs on process and decisions.
• Consulting with Board of Directors in BC on decisions, process, and procedural fairness.

Maintaining the Security and Confidentiality of Patient and Staff Records 

• Advice concerning the collection, use and disclosure of information under the applicable legislation.
• Advice concerning access to information requests.
• Representation before privacy commissioners in reviews, inquiries, and major investigations.
• Drafting privacy policies, procedures, and manuals.
• Assistance with the management of employee and patient information.

Quality Assurance Advising

• Develop and assist with the implementation of Quality Assurance frameworks that protect processes.
• Guiding health care organizations through investigations and inquiries.
• Protecting Quality Assurance reports from inappropriate disclosure in legal proceedings.