Legal Aspects Of Nursing Flashcards
The canada health act (1984)
Federal legislation where individual provinces can receive funding for health care services
Canada health act 5 main principles
- Public administration
- Comprehensiveness
- Universality
- Portability
- Accessibility
Public administration
Non profit base that has accounts and records subject to audit
Comprehensiveness
All necessary health services must be covered (dental, surgery…)
Universlity
All insured residents must be entitled to same level of health care
Portability
If move to diff province ur still entitled to coverage from home province for min waiting period
Accessibility
All must have access to health care facilities
Tort law
A civil wrong committed against person/property
If suffer injury caused by other person, can claim compensation
2 types of tort law
Intentional and unintentional
Negligence (unintentional tort)
Falls below standard expected of nurse
4 elements of negligence tort
Duty, breach, harm, causation
Intentional tort
No harm necessary, on purpose, ex : battery/false imprisonment/invasion of privacy/assault
Informed consent can be
Expressed or implied (emergency situation)
What is bill 90
An act to amend the Professional Code and other legislative provisions as regards the health sector
Reason for knowledge of law
Ensure consistency with current legal principles
Protect nurses from liability
Protect the public
Function of law in nursing
- Provides framework
- Outlines responsibilities of nurses and different professions
- Helps establish boundaries
- Ensure safe consistent competent care that serves society while preserving individual rights
Public HC system characteristics
Responsibility for canadian hc syst is shard bet federal/provincial gov but is largely interpreted by provincial/territorial authorities (regulation if profession)
Regulatory bodies (CNO, OIIQ…)
Under provincial and territorial authorities
Maintains regulation of nursing
Nurses have exclusivity of practice (self regulation/self gov)
Licensure and registration (way to protect public)
Registration 1x year
Accountability
Complained process
May receive complaint from diff sources or nurses can self report, required investigation, many steps
Contract
Agreement of services
Needs following conditions:
1. Lawful purpose
2. Involved parties are competent and aware
3. Each party must understand obligations
4. Each party must have obligations and benefits derived from contract
5. Must meet standards of labour standards and codes
Diff laws
- Common law
- Civil law
- Statutory law
- Criminal law
- Tort law
Ex of negligence
- Failing to get informed consent
- Falls (cant follow procedures)
- Med errors that lead to injury
- Iv infiltration causing phlebitis
Assault
Physical/verbal trait that creates apprehension of imminent harmful or offensive contact (no contact necessary)
Ex: nurse threatens to inject pt after refuses
Battery
Intentional, harmful,offensive contact without consent
No need for harm
Ex: if treatment is diff from what consent was obtained
Consent
- Legal requirement
- Surgical/medical procedures-> physician responsibility
- Nursing procedures-> nurse responsibility
3 components of informed consent
- Disclosure (enough info given abt treatment)
- Voluntariness (pt decision wo force/manipulation)
- Capacity (pt must have legal/mental to make decision)
Obligation of nurses to report
Any suspect of abuse, neglect or professional misconduct
Nursing students liability
Liable if action causes harm to pt
