Health Law

[Chewy]

Any lawyers here who work in Health Law? It's an area that I am particularly interested in and would like to gain some insight as to what being a Health Lawyer is like. 

[MauriceCharland]

Second this!

[Vizslaw]

I'm happy to chime in here @Chewy@MauriceCharland

First, what about health law are you interested in? Health law could include things like investigations/complaints, professional discipline, licensing and audits, appeals and judicial reviews, labour relations and employment, civil litigation re: medical malpractice and negligence, etc.

[Chewy]

On 3/14/2023 at 9:20 AM, Vizslaw said:

I'm happy to chime in here @Chewy@MauriceCharland

First, what about health law are you interested in? Health law could include things like investigations/complaints, professional discipline, licensing and audits, appeals and judicial reviews, labour relations and employment, civil litigation re: medical malpractice and negligence, etc.

Thank you, @Vizslaw.

I was interested in the nature of the work and the different types of job prospects that are available to students who choose to specialize in Health law, such as the opportunity offered at Ottawa, Dalhousie, and Alberta. 

Is it typical for students to go more into policy, or is it also common to go into litigation (assuming so since you mentioned it in your post)?

I am interested in both Health and Criminal law, and one thing that draws me to Criminal is the research and litigation aspect.

[MauriceCharland]

Hi @Vizslaw! Thank you for offering to answer questions! (1) Do you know of anyone's experiences working for the DOJ's legal services unit for Health Canada or the Public Health Agency? The work there interests me a great deal but I have been having trouble finding much information about people's experiences working there/getting hired. (2) Are there opportunities in health law that would involve more of the policy side if you are not working for the DOJ/Health Canada etc.? (3) I have noticed that a lot of the health law firms that I have come across are heavily focused on representing professional organizations, hospitals, or doctors in cases of medical malpractice/negligence and not patients. Is this generally the norm? 

[Vizslaw]

On 3/15/2023 at 1:45 PM, Chewy said:

Thank you, @Vizslaw.

I was interested in the nature of the work and the different types of job prospects that are available to students who choose to specialize in Health law, such as the opportunity offered at Ottawa, Dalhousie, and Alberta. 

Is it typical for students to go more into policy, or is it also common to go into litigation (assuming so since you mentioned it in your post)?

I am interested in both Health and Criminal law, and one thing that draws me to Criminal is the research and litigation aspect.

Hi Chewy - I can only speak anecdotally as I didn't go to any of those schools. A few years ago we hired an articling student (and is now an associate) from Dalhousie and they did the health law specialization there. They also had good experience in criminal law, so those two focus areas aligned nicely with our firm's practice. I don't know what is/isn't typical, but I would wager that most students who do the health law specialization (or crim) do more litigation than policy work. There is a significant written advocacy component to health law (and while still significant but perhaps to a lesser degree, in criminal law) and of course research and litigation.

I would expect those students would have good prospects and opportunities at large/medium/boutique firms, assuming they did well in school. For example, WeirFoulds often represents the College of Physiotherapists of Ontario before the Discipline Committee. While not policy exactly, they sometimes give legal opinions on the standards of the profession, merits to appeals, etc. They also act as independent legal counsel for other College's Discipline Committees. Same with the lawyers at Lenczner Slaght, Lerners, etc. Almost all of the big bay street firms have health law/administrative law/professional discipline groups. On the medium firm side, there are a number of firms that defend regulated professionals, like Brauti Thorning and Stockwoods. Then, on the small firm side, there are a number of firms that do the same type of work as well, such as Koziebrocki law. Full disclosure - I do not have any association with these firms, just naming some that we encounter regularly. 

Not sure how much this helps but happy to answer any other questions.  

On 3/20/2023 at 11:05 PM, MauriceCharland said:

Hi @Vizslaw! Thank you for offering to answer questions! (1) Do you know of anyone's experiences working for the DOJ's legal services unit for Health Canada or the Public Health Agency? The work there interests me a great deal but I have been having trouble finding much information about people's experiences working there/getting hired. (2) Are there opportunities in health law that would involve more of the policy side if you are not working for the DOJ/Health Canada etc.? (3) I have noticed that a lot of the health law firms that I have come across are heavily focused on representing professional organizations, hospitals, or doctors in cases of medical malpractice/negligence and not patients. Is this generally the norm? 

Unfortunately I don't know anyone who worked in the DOJ's Health Canada unit or Public Health agency. My DOJ contacts are with the PPSC and their Regulatory team in Toronto/Ottawa. They mostly do federal regulatory prosecutions under CEPA, the Food and Drugs Act, etc. There was some overlap with agencies like the CFIA and Health Canada at times, but moreso with them as clients not actually working for those agencies specifically.

There are some opportunities in health law beyond the federal government that dabble in policy, such as the Ontario Nurses Association for example. ONA has counsel that represents nurses but they also do, from time to time, engage in policy work. I don't specifically have experience in this area but I am aware such positions exist.

With respect to your third question - there are a lot of firms that do medical malpractice/negligence. A good example is Bogoroch and Associates. That kind of work falls more under the civil litigation/personal injury umbrella than my health law/administrative practice, which is more focused on defending regulated professionals before their respective College. So more responding to complaints, investigations, conducting discipline hearings, and pursuing appeals and judicial reviews than medical malpractice or classic personal injury/civil litigation. Hope that helps 🙂

[MauriceCharland]

Thank you @Vizslaw! This is very helpful!

Edited March 26, 2023 by MauriceCharland