News
Kim Jakeman, KC shortlisted as Canadian Health Law/Medical Litigator of the Year by Benchmark Canada 2024
April 8, 2024
Health Law
Health law is a complicated, increasingly complex area of practice that is constantly changing.
Health law is a complicated, increasingly complex area of practice that is constantly changing. Our experience in all areas of health care in BC is unique. It is that depth of experience that has cultivated the unique insights, perspectives and skills that set us apart.
Health Law Services
Members of our practice group are at the leading edge of developments in the field of health law. These developments include:
- Claims resulting from medical treatment and care.
- Allegations of breach of fiduciary duty between doctor and patient.
- Advice regarding legislative and regulatory changes that may affect medical practice, such as the Health Professions Act and the Health Care Costs Recovery Act.
- Advice in response to threats from patients.
- Advice regarding the release of medical records in family law cases.
- Preparation when a physician is a defendant or witness in a criminal matter.
- Coroners' Inquests or other types of inquiries.
- Proceedings before professional administration bodies such as the College of Physicians and Surgeons of British Columbia and hospital administration boards.
- Proceedings by the Medical Services Commission.
Practice Group Partners
Aaron D. Atkinson
Partner
William S. Clark*
Partner
Cameron B. Elder*
Partner
Mandeep K. Gill
Partner
Kimberly J. Jakeman, KC*
Partner
Scott J. Marcinkow*
Partner
Jonathan D. Meadows*
Managing Partner
Joel A. Morris*
Partner
David Pilley
Partner
Raj Samtani*
Partner
W. Sean Taylor
Partner
Abigail Turner*
Partner
Jennifer Woznesensky
Partner
Kim J. Yee
Partner
Lara C. Zee
Partner
Commentaries
Select Cases
Fetus negligence action against a physician
Determining for the first time in British Columbia whether a fetus can bring a negligence action against a physician and whether it can bring a claim for failure to obtain informed consent.
Breast implant product liability
A Supreme Court of Canada matter in a breast implant product liability action which considered a manufacturer’s duty to warn consumers and the application of the “learned intermediary” doctrine.
Medical malpractice claim
A trial and appeal dealing with a medical malpractice claim involving performance of an additional procedure not contemplated in advance of surgery.
Application of the modified objective test to causation
A Supreme Court of Canada case which considered the application of the modified objective test to causation in the context of informed consent claims.
Standard of review applicable to professional disciplinary bodies
A trial and appeal which considered the standard of review applicable to professional disciplinary bodies in a case involving a physician charged with infamous conduct following a sexual relationship with a patient.
Doctor-patient confidentiality limits
A Supreme Court of Canada matter which considered the limits of doctor-patient confidentiality in circumstances of danger to the public.
Defendants entitled to benefits of services provided through the social safety net
A Supreme Court of Canada matter which held that defendants are entitled to the benefits of services provided through the social safety net with an appropriate allowance for the contingency of such programs changing or ending.
Trial and appeal in an obstetrical negligence case
A trial and appeal in an obstetrical negligence case which considered the correct test to apply in determining the liability of a defendant physician, involving principles related to non-pecuniary loss and the upper limits of recovery.
Supreme Court of Canada decision
A decision by the Supreme Court of Canada which determined the circumstances in which compliance with standard medical practice will defeat a claim of negligence.
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