Lawyers in Canada: Davis LLP - Legal Advisors Since 1892

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Health Law

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The Davis LLP Health Law Practice Group provides specialized legal services in the health care field. Our Group has acted for over 15 years on behalf of both public and private sector health-care clients on substantial matters involving health law and health privacy law, including the following areas:

• Government relations
• Health Canada licensing and regulation
• Professional association administrative and regulatory controls
• Corporate governance
• Professional negligence
• Risk management
• Patient rights
• Employment law
• Freedom of information and protection of privacy issues
• Clinical and non-clinical outsourcing and procurement
• Public-private partnerships and revenue generation
• Information technology agreements
• Trust and foundation relationships
• Land leasing and development for health purposes
• Contractual and insurance claims
• Medical tourism

We also have an extensive commercial practice involving health-care clientele. For these clients, we provide general corporate/commercial advice, as well as assistance on taxation and real estate issues.

Topical Issues

• Health privacy and access to information legislation (including issues arising from the USA Patriot Act and legal duties and obligations to maintain patient privacy);
• The existence and extent of any Constitutional rights to access health care services (see for example Supreme Court of Canada decisions in Chaoulli v. Quebec and Auton v. British Columbia)
• The co-existence of private and public health care systems and the future of regulatory controls on the interaction of the private sector in delivering health care services
• Interaction between the public health care system and the private sector, including both outsourcing initiatives and public-private partnerships (P3s) in the health care sector
• Adult guardianship, substitute decision making, powers of attorney and committeeship for those suffering from life threatening illness, mental or physical infirmity or incapacity

Representative Matters

The Health Law Group:

• Acts as corporate counsel for three of the five regional health authorities in British Columbia, including the Vancouver Coastal Health Authority and the Fraser Health Authority.
• Represents both public and private hospitals and care facilities and numerous private health products and technical service providers on a variety of matters.
• Handles numerous health privacy matters including preparation of privacy manuals and privacy audits for public and private health bodies.
• Is responsible for substantially all public health outsourcing agreements in clinical and non-clinical areas.

Recognition and Activities

Davis was chosen by the British Columbia Ministry of Health and existing health boards to provide legal and structuring advice necessary to “create” the consolidated regional system, which was implemented in 2001.

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