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...
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 various legal proceedings. This infoLAW will focus on four legal proceedings: professional discipline, criminal actions, grievances/arbitration and civil actions. Whenever a nurse is involved in a legal action, they should reach out to CNPS to determine whether assistance is available to them and to discuss next steps. Nurses should...
Read MoreMedication 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...
Read MoreAn 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...
Read MoreNegligence is the failure or omission to provide care that a reasonable and prudent nurse in similar circumstances would have rendered. During their career, a nurse may be faced with a professional negligence allegation arising from their nursing practice from a current or prior patient. A negligence claim may be in connection to variety of...
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. For instance, nurses who provide cosmetic services are required to work within their scope of practice, as defined...
Read MoreQuestion: My patient has asked me to administer a complementary therapy in the form of a liquid herbal substance, which I do not know much about. What are my legal obligations? Am I able to refuse? Answer: Complementary therapies are therapies that are employed in conjunction with mainstream health-care practices.1 Examples of complementary therapies may include...
Read MoreThe following Q&A may assist eligible nurses who have legal questions about providing professional nursing services during natural disasters, such as wildfires, flooding, earthquakes, etc. Question: Do I remain eligible for CNPS professional liability protection if I provide professional services during a natural disaster? Answer: Yes. CNPS beneficiaries continue to have access to CNPS services...
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