Health Law - Davis LLP

The Davis LLP Health Law Practice Group has acted for more than 30 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, providing general corporate / commercial advice, as well as assistance on taxation and real estate issues.

Emerging Issues

We keep up to date with ongoing discussions in the sector so that our clients can make informed decisions.

• 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, Auton v. British Columbia and the decision on the Supervised Injection Site (Insite) in the Vancouver Downtown Eastside.
• 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.