If a patient of yours has filed a complaint with the College of Physicians and Surgeons of Ontario (“CPSO”) then you will require the assistance of a knowledgeable and adept physician defence lawyer at your side. Posner Craig Stein regularly defends physicians before the College of Physicians and Surgeons for Ontario. We understand that addressing a complaint can be frustrating, difficult, and cumbersome for you. Entrusting our professional regulations lawyers with your case ensures that you will have a skilled and trusted ally at your side. A complaint with the CPSO can have a significant impact on your finances and your reputation. Your livelihood may depend on the successful outcome of your case. Results matters and PCS lawyers are determined to achieve them. We will work creatively and relentlessly for you.
Our physician defence lawyers can assist you in navigating the investigatory phase of a CPSO complaint. At the early stage of a complaint, the intervention of a skilled advocate on your behalf can make a significant impact. We will work to ensure that all of the evidence that demonstrates your innocence or that mitigates the seriousness of a complaint is placed before the College, and in certain cases, we may prepare written submissions on your behalf. Our goal is to provide the CPSO with the tools it needs to dismiss the complaint against you.
PCS lawyers can also assist you with audits. We will work in concert with you and our team of experts to ensure that you are well prepared and that your practice is in order.
PCS expertly defends physicians before the ICRC. The ICRC functions as a screening body for the College and can refer complaints to the discipline committee if they conclude that doing so is warranted. The ICRC can also dismiss a complaint entirely, saving you the time and expense of a full hearing at the discipline committee.
In certain cases, the ICRC may, instead of referring the complaint to the discipline committee, order the physician to attend in person t be cautioned or order the physician to complete a specialized continuing remediation and education program (“SCERP”). The ICRC has broad discretion and may also take any other action it deems appropriate.
It is critical to consult with a lawyer for physicians at this stage of the proceedings. Hearings at the discipline committee are costly and can result in serious sanctions. The involvement of a lawyer for a physician can obviate this. Cautions and SCERPs result in the publication of the details of the complaint on the college register. This can cause you reputation damage, which in turn can cause you financial damage. Our lawyers will advocate persuasively on your behalf to avoid these consequences. We are highly experienced at preparing cogent and compelling submissions.
A hearing before the discipline committee involves the calling of evidence, the examination and cross-examination of witnesses, and making written and/or oral submissions before a panel of adjudicators. Our lawyers for physicians have extensive experience in these areas, developed over decades in tribunals and courtrooms across Ontario and the country.
An expertly crafted cross-examination can result in your case being dismissed in certain circumstances. The key to success is extensive preparation and the talent to adapt to a witness’s responses at the moment. Our physician defence brings these abilities to your defence.
The College of Physicians and Surgeons of Ontario provides for appeals of cases that were lost before the ICRC or the discipline committee. There is recourse to the HPARB. These appeals require the close examination of the record of the proceedings below, the careful preparation of a written legal argument, and making an oral argument before a panel.
Our physician defence lawyers will bring appellate skill and experience to bear in your case. We will subject the record of your proceedings to microscopic scrutiny in order to prepare the arguments that will succeed in your appeal. Our experience and skill can assist you in finding the legal errors that will provide you with a powerful argument on appeal.
The most critical component of appellate success is written advocacy. PCS’s written advocacy is second to none and has been honed over the years by preparing written arguments for all levels of court, including the Ontario Court of Appeal and Supreme Court of Canada. When it comes time to argue an appeal, we prepare diligently so that we can persuade the panel to decide in your favour.
A physician may seek to leave to appeal a decision of the Divisional Court to the Court of Appeal for Ontario. An application for leave to appeal requires written submissions. If the application is granted, the full appeal requires a lengthy written argument, as well as oral submissions before a panel of judges at the Court of Appeal. PCS has extensive experience appearing before the Court of Appeal, and we will represent your interests with diligence and skill.
Posner Craig Stein is the right firm to assist you with investigations, audits, complaints, hearings and appeals because:
If you are a physician and have been the subject of a complaint, it is advisable to retain an experienced physician defence lawyer as soon as possible. Posner Craig Stein may be able to prevent painful consequences, such as damage to your reputation, the loss of income, or the loss of your license.
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