What 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 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 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 MoreMental Health or Hospital Acts contain specific procedures to address the issue of consent to treatment for those with a psychiatric disorder. This infoLAW will not touch on persons subject to those Acts but will focus on other adults who do not have the capacity to give or refuse consent to treatment on their own...
Read MoreNurses may at times be custodians of health information (also known as “trustees” in some provinces)1 by application of the law, whether or not they have previously agreed to undertake these responsibilities. Why do you need to know if you are a custodian of personal health information? All provinces and territories have now adopted legislation...
Read MoreIn 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...
Read MoreWhat is meant by “patient safety”? Patient safety is the reduction and mitigation of unsafe acts within the health-care system, and the use of best practices shown to lead to optimal patient outcomes.1 Countries around the world, including Canada,2 are taking steps to identify how patients are unintentionally harmed by health care management. Achieving the...
Read MoreA nurse may become involved in legal proceedings as a witness, accused, grievor, or defendant. This infoLAW will focus on three areas 1: professional discipline, criminal prosecutions and grievances. For information on civil liability please refer to the infoLAWs on negligence 2 and malpractice lawsuits 3. Professional Discipline Legally, nursing licensing bodies must ensure that...
Read MoreIt can be difficult for nurses to know how to do the right thing when a patient is unintentionally harmed by the provision of health care services (i.e. an adverse event or critical incident)1 rather than their underlying medical condition. Both the patient, or their substitute decision maker,2 and health care administrators need to know...
Read MoreQuestion: I am thinking of taking a part-time job in a medical spa, injecting Botox and other fillers. What are the risks? Answer: Registered Nurses and Nurse Practitioners need to meet certain criteria when providing cosmetic procedures. In particular, nurses who provide cosmetic services are required to work within their scope of practice, as defined...
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