Blaney McMurtry LLP Barristers & Solicitors

Health Law

The lawyers in the Health Law Group are dedicated to serving the legal needs of all individuals and organizations involved in the delivery of health care. Our clients include regulated health care professionals such as physicians, dentists, nurses, chiropractors, physiotherapists, as well as the owners and operators of health care facilities, institutions and clinics, both big and small.

Our Health Law Group is dedicated to being informed and up to date on all medical-legal issues and changes in the law that impact the delivery of health care.

Health care is an increasingly complex area and involves many different areas of law. The lawyers in our Health Law Group have backgrounds in health law, corporate law, business law, tax law, litigation and labour and employment. They understand the unique requirements inherent in carrying on a health care enterprise in today’s regulatory environment. They also know that delivering our expertise most effectively means taking the time to understand our clients and their businesses.

Health law matters our lawyers have worked on include the following:

• Establishment of an Executive Medical clinic and a Woman’s Medical clinic
• Advice on the establishment of a Surgical Centre and Cosmetic medical practice
• Drafting of a proposal for a Professional-Public health care venture submitted to the Local Health Integration Network (LHIN) and the Ministry of Health and Long Term Care (MOHLTC)
• Representation of physicians, dentists, physiotherapists and other health care professionals before their Regulatory Colleges for complaints, investigations, discipline, fitness to practice and quality assurance matters
• Defence of dentists and other health care professionals in malpractice actions
• Drafting of privacy policies and specialized consent forms for medical, dental and physiotherapy clinics
• Appeal before the Health Services Appeal and Review Board over OHIP non-payment
• Acted as counsel for the Ontario Medical Association
• Drafting of an Alternate Funding Plan for a physician group of a large hospital
• Representation of physicians before Hospital Boards on privilege and performance issues
• Advice provided to health care professionals regarding capacity assessments, powers of attorney and guardianship
• Purchase and sale of dental, rehab, physiotherapy, massage therapy and other health care clinics
• Drafting of associate, partnership, consultant and cost sharing agreements
• Professional Incorporation for physicians and dentists, along with tax planning advice
• Drafting of financing and construction contracts for health care centres
• Corporate structuring of medical, dental, physiotherapy and other practices
• Lease negotiations for health care professionals and practices
• Raising equity for a bariatric clinic and for other health care clinics
• Labour and employment advice for physicians, nurses, nursing homes and other health care centres
• Representation of physicians, pharmaceutical companies and biotech start-ups on Food and Drug regulatory and licensing matters

Our Health Law lawyers can assist you in the following areas:

Professional Practice

• College complaints, investigations, discipline, quality assurance and fitness to practice
• Professional liability (malpractice) defence
• Representation before Regulatory Colleges, Appeal Tribunals and the Courts
• Hospital privileges, by-laws, physician rights and medical staff policy matters
• Advice on privacy laws, consent & capacity, powers of attorney
• Compliance with legislation, regulations, College guidelines and professional standards
• Advice on Alternate Funding Plans and drafting agreements with hospitals

Business and Corporate

• Purchase and sale of medical/dental/other practices and clinics
• Professional corporation formation, tax law advice and planning
• Shareholder agreements
• Drafting of associate, partnership, cost-sharing and consultant agreements
• Financial, business and tax planning for health care professionals and related ventures
• Lease negotiations
• Establishment of new practices
• Franchise agreements for clinics
• Financing and construction contracts for health care centres

Health Care Ventures

• Advice on establishment of executive medical and other specialized medical practices
• Professional-Public health care venture planning and proposals to government
• Advice on Food and Drug licensing and regulatory matters

Labour and Employment

• Hiring, employment contracts, termination issues
• Human Rights complaints, workplace harassment and discrimination issues
• Health and safety issues, worker’s compensation
• Collective agreements, grievance advice, labour board matters