What aspects of emergency nursing require particular diligence? Triage Practical guidelines such as the Canadian Triage and Acuity Scale are commonly used for triage. Insight into how a court weighs evidence about triage categories and clinical interventions can be gained from two emergency room (ER) cases. In the first case,1 a widow alleged the nursing…
Read MoreFacts are central to any legal decision. Only once the facts of the matter have been determined by the court can the relevant law be applied and a decision rendered. The basic rule of evidence is that information can be admitted as evidence where it is relevant to a material issue in the case. Other…
Read MoreAt some point in your nursing career you may be required to participate in an Examination for Discovery. The information covered in this infoLAW will assist you with your preparations for participating in this legal proceeding. What is an Examination for Discovery? After a civil lawsuit has been initiated and, normally, after the filing of…
Read MoreAt some point in your nursing career you may be asked to act as an expert witness in a legal proceeding. In this issue of infoLAW, common queries about being an expert witness and suggestions about how to prepare for this role are reviewed. What is an expert witness? An expert witness is someone who,…
Read MoreA nurse may become involved in various legal proceedings. This infoLAW will focus on four legal proceedings : professional discipline, criminal actions, grievances/arbitration and civil actions. Whenever a nurse is involved in a legal action, they should reach out to CNPS to determine whether assistance is available to them and to discuss next steps. Nurses…
Read MorePrivacy Concerns Health care organizations and health care professionals use email extensively because of its speed, reliability and convenience. However, the same characteristics that make email use advantageous are also the source of legal risks, including potential privacy breaches. Being aware of the risks inherent in the use of email can help nurses manage those…
Read MoreEmail, in some cases, may be the preferred option to communicate with patients or others efficiently and expeditiously. Before using email, it is important for nurses to be aware of the risks and alternative ways to transmit information. In addition to the privacy and confidentiality considerations set out in the infoLAW, The Legal Risks of…
Read MoreMost Canadian provinces and territories have enacted legislative protection for those who apologize for their actions. British Columbia was the first to bring in an Apology Act in 2006, with others following suit quickly afterwards. Some provinces enacted a statute called the Apology Act, whereas others amended existing legislation, e.g. an Evidence Act, to include…
Read MoreWith the aging population, longer lifespans and the increasing complexity of care, the demand for longterm care (LTC) in Canada will increase and more nurses will be involved with caring for these patients. Nurses should be aware of the more prevalent risks of harm for this segment of our population. Falls Injuries sustained as a…
Read MoreWhat should I do when I receive notice of a lawsuit? As soon as you receive any indication that you may be involved in a lawsuit involving patient care, contact your employer and the Canadian Nurses Protective Society (CNPS) for guidance and assistance. If you are named as a party (defendant) in any legal document,…
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