Question: As a nurse, do I have sufficient professional liability protection through my employer or clinic? Answer: Professional liability protection (PLP) is now widely recognized as a requirement of practice. This provides a source of adequate compensation for patients harmed in the provision of care and protects nurses from the financial consequences of a civil...
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On June 17, 2016, the federal government’s Bill C-14 An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying) received royal assent and became law in Canada. As a result of receiving royal assent, the provisions of Bill C-14 which amend the Criminal Code now form...
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Question: I am a nurse practitioner and my patient Jane is a 15-year old female who requires IV antibiotics for a foot infection. Jane lives away from home, attends school and is otherwise in good health. Is she capable of consenting to treatment, or must I obtain parental consent? Answer: The issue of consent is...
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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,...
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At 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,...
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At 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...
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Mental 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...
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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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In 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...
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What 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...
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