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…
Read MoreQuestion: As a practising nurse, I have been asked to provide an expert opinion in a negligence case against a hospital, a nurse and two physicians. I have never been an expert witness before. What do I need to know before I accept the retainer? Answer: In professional negligence cases, such as a claim commenced…
Read MoreIn the course of their work, nurses may interact with the police in several different ways. They may be asked to respond to inquiries from police or provide a copy of a patient’s chart because they have assessed and treated patients who are alleged victims or suspected perpetrators of crimes. In some instances, a nurse’s…
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. To determine the facts of a case, parties will submit evidence using rules and procedures that have been established through legislation and case law. The…
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. This can provide a unique opportunity to interact with the legal system. In this infoLAW, we unpack what it means to be a nurse expert witness. What is an expert witness? An expert witness…
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,…
Read MoreWhat are common situations where nurses are called as witnesses? As a healthcare professional, you may be required to appear as a witness for: employment-related matters; coroners’ inquests or fatality inquiries; child welfare proceedings; professional discipline proceedings before a provincial or territorial regulatory body; civil lawsuits; or criminal proceedings. Depending on the type of proceeding,…
Read MoreDuring legal proceedings nurses may be protected from giving evidence in certain circumstances. In this infoLAW, the Canadian Nurses Protective Society (CNPS) reviews one legal exception to the requirement to provide evidence. This exception is called privilege. What is privilege? Privilege is a special legal rule arising from rules of evidence, the common law and…
Read MoreTHIS PUBLICATION WAS PUBLISHED IN JUNE 2004 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. When you are asked to be…
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