Question: My unit is always short-staffed, meaning that we have to constantly triage orders and reassess patient needs. Should this be documented in the patient’s chart? Answer: Across Canadian provinces and territories, health care organizations are experiencing unprecedented nursing shortages, which have been further exacerbated by the COVID-19 pandemic.1 The Canadian Nurses Association has identified…
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Nursing is a regulated profession. The titles of a nurse (be it RN, NP, LPN, RPN) and the acts authorized to nurses are protected and established by enabling legislation and each jurisdiction’s regulator. There is a specific legal scope of practice, as well as specific guidelines and standards associated with each title. People who are…
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Question: In my practice, I may be asked to provide care to patients who are non-residents1 of Canada and do not have access to public health insurance. Am I eligible for CNPS protection? Answer: Nurses providing care to non-residents of Canada remain eligible for CNPS protection, provided that a legal or regulatory proceeding arises from…
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Question: I am a Canadian nurse currently working outside of Canada. Am I eligible for CNPS protection? Answer: CNPS beneficiaries working outside of Canada remain eligible for assistance, provided that the claim was commenced in Canada, they were a CNPS beneficiary at the time of the events giving rise to the proceedings and they were…
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Question: I am a nurse working in a community healthcare clinic. I am providing services to a patient who regularly fails to attend appointments, refuses to take prescribed medications as recommended, and has dismissed my proposed plan of care. I am concerned about their well-being and their compliance with clinic expectations regarding practitioner-patient communications. The…
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Question: If I am asked to work under a different nursing class, designation, or role, which professional standards will apply to me? Are there additional legal considerations? To counter nursing shortages or other circumstances that lead to reduced resources, nurses may be asked to work under a different class or designation, work in different roles,…
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Introduction New and evolving models for healthcare delivery have increased the opportunity for collaborative practice between physicians, nurse practitioners (NPs) and other healthcare providers. Collaborative practice inevitably reinforces the need for healthcare professionals to ensure they individually have adequate personal professional liability protection and that the other healthcare professionals with whom they work collaboratively are…
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This document is a briefing note in response to nurses, doctors, governments and others who have questions and concerns about nurses’ professional liability protection. It addresses how and why courts currently decide medical malpractice (negligence) cases, types of liability, and types of working relationships and their impact on liability risk and protection. By understanding these…
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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…
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Lessons from the courtroom: A reminder that with collaborative care comes greater individual responsibility Two recent court decisions have focused on the important role that nurses play within a treatment team, and the corresponding responsibility that this entails. Case 11 The court had to decide whether an ER physician, a registered psychiatric nurse (“RPN”) and…
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