Nurses 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...
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Privacy Concerns Health care organizations and health care professionals use email extensively because of its speed, reliability and convenience. However, the same characteristics that make email use advantageous are also the source of legal risks, including potential privacy breaches. Being aware of the risks inherent in the use of email can help nurses manage those...
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Email, in some cases, may be the preferred option to communicate with patients or others efficiently and expeditiously. Before using email, it is important for nurses to be aware of the risks and alternative ways to transmit information. In addition to the privacy and confidentiality considerations set out in the infoLAW, The Legal Risks of...
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Patient restraints are measures used to limit the activity or control the behaviour of a person or a portion of their body. More specifically, according to the Patient Restraints Minimization Act of Ontario, “restrain means, with respect to a person, to place the person under control by the minimal use of such force, mechanical means...
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Nurses 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 governing...
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Technological advancement in the healthcare field, as well as the increase in virtual care or telepractice, has helped patients access safer, faster and more specialized care than ever before. However, these developments have also given rise to a multitude of new privacy issues, concerning loss of and unauthorized access to, use, and disclosure of a...
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Question 1: Can I access my own personal health information through my employer’s electronic health records system? Answer: Every Canadian province and territory imposes a legal obligation on health-care custodians to protect personal health information (“PHI”). Typically, institutions or health authorities are considered the health information “custodians” or “trustees” of PHI. As custodians, institutions and...
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Medication errors are a relatively common occurrence in nursing practice that can cause life-threatening complications for patients. According to a Health Report completed by Statistics Canada, “almost one-fifth (19%) of hospital-employed Registered Nurses acknowledged that over the previous year, medication errors involving patients who were in their care had occurred “occasionally” or “frequently”“.1 In fact, medication errors were only second to...
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An adverse event in healthcare can arise when there is an unexpected outcome or complication that negatively affects a patient’s care. It can involve prolonged hospitalization, injury, or death and is often due to complications in the management of the patient’s care. If a patient is unintentionally harmed by the provision of healthcare services (i.e. an...
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Privacy is an aspect of personal information that is legislated at a federal and provincial level. At its core, personal information implies any data that can identify an individual, such as medical history.1 Patients have a right to control their own information based on what the law permits or requires. Maintaining confidentiality is an aspect of privacy and consists...
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