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Accountability / Liability

Canadian Nurses Protective Society > Accountability / Liability

Ask a lawyer: Working with unregulated care providers

Question:  What are the liability risks for nurses who work with unregulated care providers in collaborative care teams? Answer: New and evolving models for health-care delivery have increased the opportunity for collaborative practice between physicians, nurses and other health-care providers, some of whom may not be regulated. Unlike regulated health-care professionals, unregulated care providers (“UCPs”)…

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InfoLAW: Delegation to Unregulated Care Providers

In today’s busy health-care environments, delegation is a necessary component to assisting in facilitating effective and efficient patient care. However, when traditional nursing tasks are delegated to unregulated care providers (UCP) or workers, nurses should understand the associated implications for patient safety, quality of care and their own responsibility. 1. What is delegation? Delegation occurs…

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InfoLAW: Nurse as an Advocate

In the nursing profession, patient advocacy is usually discussed within an ethical framework. Is there a corresponding legal duty? Canadian court decisions have recognized the existence of a legal nursing duty to obtain proper care for patients, even when this requires nurses to seek assistance outside the usual treatment team (i.e. by speaking to someone…

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InfoLAW: RN Prescribing

Please note: In this document, “dispensing of medication” specifically refers to RNs dispensing medication in the absence of a medical order for the treatment of a specific condition(s) following the RN’s nursing assessment. In an effort to safely improve timely access to care for certain patient populations, an increasing number of Canadian provinces and territories have…

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InfoLAW: Supervision

Supervision entails initial direction, periodic inspection and corrective action when needed. It is the active process of directing, assigning, delegating, guiding, monitoring an individual’s performance of an activity to influence its outcome. Supervision can be direct (being physically present or immediately available while the activity is being performed) or indirect (providing direction through various means…

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Managing Legal Risks in Preceptorships

THIS PUBLICATION WAS PUBLISHED IN OCTOBER 2002 AND HAS BEEN REPRINTED WITH PERMISSION FROM THE CANADIAN NURSE. THIS PUBLICATION IS FOR INFORMATION PURPOSES ONLY. NOTHING IN THIS PUBLICATION SHOULD BE CONSTRUED AS LEGAL ADVICE FROM ANY LAWYER, CONTRIBUTOR OR THE CNPS. READERS SHOULD CONSULT LEGAL COUNSEL FOR SPECIFIC ADVICE. What are the legal risks in…

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Medical Assistance in Dying: What every nurse should know

On June 17, 2016, the federal government’s Bill C-14 An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying) received royal assent and became law in Canada. As a result of receiving royal assent, the provisions of Bill C-14 which amend the Criminal Code now form…

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Professional Liability During the Shortage

THIS PUBLICATION WAS PUBLISHED IN SEPTEMBER 2001 AND HAS BEEN REPRINTED WITH PERMISSION FROM THE CANADIAN NURSE. THIS PUBLICATION IS FOR INFORMATION PURPOSES ONLY. NOTHING IN THIS PUBLICATION SHOULD BE CONSTRUED AS LEGAL ADVICE FROM ANY LAWYER, CONTRIBUTOR OR THE CNPS. READERS SHOULD CONSULT LEGAL COUNSEL FOR SPECIFIC ADVICE. With Canada in the midst of…

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Providing Professional Nursing Services During a Natural Disaster

The following Q&A may assist eligible nurses who have legal questions about providing professional nursing services during natural disasters, such as wildfires, flooding, earthquakes, etc. Question: Do I remain eligible for CNPS professional liability protection if I provide professional services during a natural disaster? Answer: Yes. CNPS beneficiaries continue to have access to CNPS services…

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Reduced Resources and Liability Risks

THIS PUBLICATION WAS PUBLISHED IN NOVEMBER 1995 AND HAS BEEN REPRINTED WITH PERMISSION FROM THE CANADIAN NURSE. THIS PUBLICATION IS FOR INFORMATION PURPOSES ONLY. NOTHING IN THIS PUBLICATION SHOULD BE CONSTRUED AS LEGAL ADVICE FROM ANY LAWYER, CONTRIBUTOR OR THE CNPS. READERS SHOULD CONSULT LEGAL COUNSEL FOR SPECIFIC ADVICE. Cost-containment strategies have meant the loss…

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