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Communication

Canadian Nurses Protective Society > Communication

Ask a Lawyer: Delegation and Assignment

Question: I am the charge nurse at a medical inpatient unit of a hospital. I work with registered nurses (RNs) and licensed practical nurses (LPNs) but now the hospital has announced there will be a health-care aide (HCA) on our unit. She will be replacing one of the LPNs. As the charge nurse, I will…

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Ask a Lawyer: Documentation During Staffing Shortages

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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Ask a Lawyer: Eligibility for CNPS Assistance: Providing Care to Non-Residents of Canada

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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Ask a Lawyer: Eligibility for CNPS Assistance: Working Outside of Canada

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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Ask a Lawyer: Engaging with non-compliant patients and discontinuing nursing services

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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Ask a lawyer: Social media

Question: A nurse working in primary care receives a “friend” request on her Facebook site from someone with a familiar-sounding name. The picture accompanying the request is of a lakeside sunset, so she cannot tell who sent the request. Because the name sounds familiar, she accepts the request. After going through the requestor’s profile, she…

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Ask a lawyer: Texting updates to other health professionals

Question:  Lately, I have been using my personal smartphone to text updates to physicians regarding patients. Is this practice acceptable?  Answer: Mobile devices offer nurses and other healthcare professionals a convenient, user-friendly way to communicate with each other. Texting is fast, direct and simplifies the pager system that hospitals and other health care organizations have…

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InfoLAW: Communication

Good communication is essential to good health care. In most Canadian lawsuits against doctors and hospitals, there was a breakdown in communication with the patient.1 In a British Columbia case, for example, the Court found that the nurse’s failure to ask more questions of a person seeking telephone advice was negligent, saying, “Her fault lies…

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InfoLAW: Emergency Room Closures

In the face of scarce human health resources, amalgamation of health services, and changing demographics, some hospitals have made the difficult decision to close their emergency departments, temporarily or permanently. Communications to this effect would then be made widely to the public by the hospital or regional health authority. Consequently, emergency room staff could be…

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InfoLAW: Legal Status of an Apology

Most 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.1 Some provinces enacted a statute called the Apology Act, whereas others amended existing legislation, e.g. an Evidence Act, to include…

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