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Lonny J. Rosen: Partner

Lonny J. Rosen

Partner

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Lonny is certified by the Law Society of Upper Canada as a Specialist in Health Law. His practice consists of providing opinions and advice to administrators of health care facilities, professional associations, health care professionals and other individuals with respect to health care legislation and policies, and representing clients in a wide range of civil and administrative proceedings, including in complaint and discipline matters, investigations, audits and peer reviews and in hearings before the Consent and Capacity Board and other health tribunals.

Lonny advises clients on a wide variety of health law issues, including with respect to hospital privileges, partnerships and associations, the delivery of private health care and other aspects of practice management, and consent, capacity and mental health issues. With the implementation of the Personal Health Information Protection Act, 2004, health privacy compliance has become a major focus of Lonny’s practice. In this regard, Lonny advises public and private sector clients on the new legislation, and he regularly writes and delivers presentations on this topic. Additionally, Lonny has worked with the Information and Privacy Commissioner/Ontario and the Ontario Bar Association to assist professionals in complying with their privacy obligations.

Lonny is Chair of the Canadian Bar Association’s National Health Law Section. He is a Past Chair of the Ontario Bar Association Health Law Section, and an active member of the Advocates’ Society and the Medico-Legal Society of Toronto. Lonny also serves as a member of the Hospital for Sick Children’s Research Ethics Board and is a faculty member for Osgoode Professional Development’s Certificate Program in Mental Health Law.

Lonny is frequently called upon to provide expert commentary on health law matters, and he has appeared on the ROB TV (now BNN) show Strictly Legal and on CTV newsnet, and has been interviewed by both the National Review of Medicine and the Medical Post. He regularly speaks and writes on health law issues including in his National Review of Medicine column, “Ask the Health Lawyer”.

AREAS OF PRACTICE AND INDUSTRY SPECIALTY

  • Health Law - representation of health professionals - complaints, discipline, quality assurance, billings audits, hospital privileges matters; opinions and advice - personal health information, privacy, hospital policy, governance, private health care, policy work for facilities and providers, set up and operation of facilities and nursing homes
  • Dispute Resolution - insurance matters and general litigation
  • Health Informatics Law - advising suppliers and users of healthcare information technology (ie electronic health records, medical imaging technology and other systems specific to patient care and management) with respect to applicable privacy laws and professional standards.

    EDUCATION

    • Called to the Ontario Bar 1998

    • Osgoode Hall Law School, LL.B. 1996

    MEMBERSHIPS

    • Canadian Bar Association National Health Law Section - Chair
    • Ontario Bar Association Health Law Section - Past Chair
    • Risk Management in Health Care newsletter, Editorial Board member
    • The Hospital for Sick Children, Research Ethics Board member
    • Faculty, Osgoode Certificate Program in Mental Health Law
    • Medico-Legal Society of Toronto
    • The Advocates’ Society
    • Law Society of Upper Canada

    Selected Lectures and Publications

    • “Mandatory Reporting Obligations in the Health Care Setting”, Presentation to OBA Continuing Legal Education Program When Health Law and Labour/Employment Law Collide, December 2008
    • “Consent under PHIPA” Presentation to PHIPA Summit 2008: Protecting Privacy While Managing Health Information, December 2008
    • “Consent, Capacity and Substitute Decision-Making” at Osgoode Certificate Program in Mental Health Law, November 2008
    • “Consent to Treatment and Informing the Patient – The Nurse’s Perspective” at Legal Risk Management for Nurses Conference, June 2008
    • “End of Life Cases: A Pandora’s Box with Ethical, Legal and Practical Implications”, Presentation to Insight Information Conference, April 2008
    • “Mental Health Issues in the ER” at The Ontario Hospital Association’s “Mental Health and the Law: Managing Legal Risks and Responsibilities” Conference, June 2007
    • “Consent to Treatment in the ICU” Presentation to Senior Pediatric and Neonatal Intensive Care Hospital Staff, November 2007
    • “Dealing Effectively with Consent and Capacity Issues for Mental Health Patients” at The Canadian Institute’s “Managing Legal Risks and Responsibilities in Mental Health Care” Conference, April, 2007
    • “Ask the Health Lawyer”, monthly column in the National Review of Medicine, ongoing since January 2007
    • “An Update on Selected Issues in Health Law”, at the Ontario Bar Association/The Law Society of Upper Canada, Operation Update Continuing Legal Education Program, October 2006

    For a complete list of Lonny’s lectures and publications, please visit his page on the website: www.gardiner-roberts.com