Legal Considerations in Times of Nursing Shortages

Staffing shortages in the healthcare system are likely to affect patients, healthcare facilities, and of course, health-care professionals. Nursing shortages are not a new issue. In 2023, Statistics Canada found that job vacancies for registered nurses and registered psychiatric nurses increased by 5,475 positions, a 20% increase from the same quarter in 2022.¹ This has resulted in over 145,000 job vacancies in the health care and social assistance sectors across the country.² Many nurses are concerned about the impacts that this national shortage may have on their own practice and on their patients’ well-being. This article highlights some of the legal considerations inherent to a nursing shortage, as well as potential risk mitigation considerations.

General Legal and Risk Management Considerations

Nurses are expected to provide care in accordance with their professional, ethical, and legal responsibilities. As regulated health care professionals, nurses are expected to practice in accordance with their provincial or territorial standards of practice, as well as in accordance with employer policies. In the performance of their duties, nurses are subject to the oversight of their employers, regulatory bodies and even the courts.

While nurses are not primarily responsible for managing the nursing shortage, they are disproportionately burdened by its consequences. In the context of shortages, nurses tend to take on more responsibility and work, often including mandatory overtime. This can lead to burn out and fatigue,³ which in turn can result in an increase in nursing errors. When the quality of care is impacted, the risk of legal actions (such as complaints to the nursing regulator and/or employer, and lawsuits) increases.

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1. Statistics Canada, “Nurses: Working Harder, more hours amid increased labour shortage” (24 July 2023), online: StatsCAN Plus <https://www.statcan.gc.ca/o1/en/plus/4165-nurses-working-harder-more-hours-amid-increased-labour-shortage>
2. Statistics Canada, “Job vacancies, payroll employees, job vacancy rate, and average offered hourly wage by industry sector, quarterly, unadjusted for seasonality” (19 September 2023), online: <https://www150.statcan.gc.ca/t1/tbl1/en/tv.action?pid=1410032601>
3. Statistics Canada, “Mental health among health care workers in Canada during the COVID-19 pandemic” (02 February 2021), online: The Daily <https://www150.statcan.gc.ca/n1/daily-quotidien/210202/dq210202a-eng.htm>