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Health

Branch MacMaster’s health law practice is distinguished by the many diverse interests we represent.

The health law practice group includes Donald Lebans, Nevin Fishman, Jim MacMaster and Susan Precious.

Regulatory

Branch MacMaster plays a leading role in managing regulatory issues for health professionals. We act as counsel for professional governing bodies advising on legislation, regulations, bylaws, the Health Professions Council scope of practice review and legislative review, applications for designation pursuant to the Health Professions Act, professional standards, professional discipline, and Health Profession Review Board proceedings. Within the discipline context, we act for inquiry and discipline committees on a broad range of topics including scope of practice issues, advertising, continuing education, sexual misconduct, and criminal offences. We have also been involved in advising colleges in relation to discipline following billing audit processes.

We act for medical doctors and other health professionals in the professional regulation context. Our lawyers have been actively involved in advising clients on registration, privileges, disciplinary matters, practice reviews, billing disputes and audits, human rights complaints, as well as coroner investigations and inquests.  We are frequently asked to assist health care practitioners with issues or disputes they may have with professional colleagues. We have represented clients before various administrative boards (including the Health Professions Review Board and the Medical Services Commission), and the governing bodies of a range of institutions and professions. 

Professional Discipline

Within the discipline context, we have acted for discipline committees on a broad range of topics including scope of practice issues, advertising, continuing education, sexual misconduct, and criminal offences. We have also been involved in advising colleges in relation to discipline following billing audit processes. We also have experience acting for individual health professionals who are involved in regulatory issues particularly with their regulatory body and with the billing audit process.

Civil Litigation and Class Action

We defend physicians and chiropractors in professional negligence claims before all levels of court.  

We have also defended colleges, physicians, health product manufacturers, and provincial health departments in class actions. 

We were engaged exclusively in B.C. by the former national blood transfusion service in connection with the liability defence of all blood litigation. This included numerous AIDS and Hepatitis C cases including the defence of the hepatitis class actions. As well, we have had experience defending a pharmaceutical company in relation to a drug product involved in experimental trials.

Hospital Privileges 

We act for general practitioners and specialists in relation to various hospital privilege issues before hospital committees and boards, the Hospital Appeal Board, the BC Supreme Court and the BC Court of Appeal.

Our experience having provided legal advice on medical affairs to one of British Columbia's largest regional hospitals on hospital privileges for medical doctors, quality assurance issues, internal discipline procedures, and patient care issues equips us with a unique strategic perspective. 

Advistory Work

We advise individuals, health professionals, and hospitals on consent, confidentiality and privacy, refusal of treatment, termination and withdrawal of treatment, and patient records issues. We act for individuals on out of province medical coverage claims and Medical Service Plan out of province coverage appeals. We provide legal advice on assisted reproduction issues, as well as privacy matters.