In need of urgent legal information?

It is advisable to identify yourself when requested to do so by a police officer.

It is reasonable and responsible to refuse to answer any other questions until you have had an opportunity to seek legal advice. Here is why you should avail yourself of the right to a legal opinion:

If your conduct is in issue, legal advice is important to avoid compromising your legal interests and potentially the defence of your case, should formal charges subsequently be laid.

Even if your conduct is not the focus of the investigation, if patient care is in issue, you may be bound by your professional duty of confidentiality to the patient. In most circumstances, a police investigation does not release you from this obligation. It is important for you to know whether you are bound by your duty of confidentiality before you answer any questions. The CNPS can advise you in this regard. It is also important to know that you cannot turn to the police for information about your legal obligations in these circumstances. It is outside the scope of their duty to provide you with legal advice.

Be polite and professional at all times.

Ensuring optimal patient care remains your first priority. If you do not have the necessary knowledge, skill or competence, if you do not feel emotionally able to assess the situation or if for any other reason you need help to determine what clinical steps must be taken, seek help from a colleague or the appropriate professional. Explain the nature of the complication that needs to be addressed. If you do not know the exact cause of the complication, do not guess. Relate the facts as you know them, without guessing as to what you don’t know, or what you may or may not have done differently in similar circumstances. The CNPS can offer management strategies if you have any questions about your professional or legal obligations.

Notify the CNPS at the earliest opportunity by calling 1-800-267-3390.

Generally avoid amending the notes made in the patient’s chart. If you need to include additional details, you should add a separate note. Only relate the facts; avoid expressing opinions in the patient’s chart.

Generally avoid assuming responsibility for what happened. It is certainly appropriate, however, to empathize with a person who has suffered a complication. For further information on offering an apology when a critical incident occurs, see the Legal Status of an Apology.

If your employer hires a lawyer to defend you, cooperate with that lawyer. It would be prudent to contact CNPS prior to consulting a lawyer yourself.

Generally avoid disregarding or ignoring correspondence or other forms of inquiry from your nursing regulator. Failure to respond could lead to additional charges of professional misconduct.

CNPS offers assistance with college complaints as a part of optional CNPS Supplementary Protection (there is an additional fee).

The Supplementary Protection program generally does not extend to regulatory matters that have already been initiated or should have been anticipated at the time of your application for Supplementary Protection. However, CNPS can assist in identifying appropriate resources to assist you