Question: 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 MoreNurses interact with the police in a number of 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 own conduct or the conduct…
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 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 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. How do I know if I am…
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 MoreWhen you are asked to be an expert witness, you testify as to your opinion about some element of the case. Facts are at the heart of any legal decision. Only once the facts of the matter have been determined by the court1 can a decision be based on the relevant law. It sounds so…
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