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Nursing > Legal Aspects Of Nursing > Flashcards

Legal Aspects Of Nursing Flashcards

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1
Q

The canada health act (1984)

A

Federal legislation where individual provinces can receive funding for health care services

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2
Q

Canada health act 5 main principles

A
  1. Public administration
  2. Comprehensiveness
  3. Universality
  4. Portability
  5. Accessibility
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3
Q

Public administration

A

Non profit base that has accounts and records subject to audit

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4
Q

Comprehensiveness

A

All necessary health services must be covered (dental, surgery…)

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5
Q

Universlity

A

All insured residents must be entitled to same level of health care

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6
Q

Portability

A

If move to diff province ur still entitled to coverage from home province for min waiting period

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7
Q

Accessibility

A

All must have access to health care facilities

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8
Q

Tort law

A

A civil wrong committed against person/property
If suffer injury caused by other person, can claim compensation

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9
Q

2 types of tort law

A

Intentional and unintentional

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10
Q

Negligence (unintentional tort)

A

Falls below standard expected of nurse

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11
Q

4 elements of negligence tort

A

Duty, breach, harm, causation

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12
Q

Intentional tort

A

No harm necessary, on purpose, ex : battery/false imprisonment/invasion of privacy/assault

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13
Q

Informed consent can be

A

Expressed or implied (emergency situation)

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14
Q

What is bill 90

A

An act to amend the Professional Code and other legislative provisions as regards the health sector

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15
Q

Reason for knowledge of law

A

Ensure consistency with current legal principles
Protect nurses from liability
Protect the public

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16
Q

Function of law in nursing

A
  1. Provides framework
  2. Outlines responsibilities of nurses and different professions
  3. Helps establish boundaries
  4. Ensure safe consistent competent care that serves society while preserving individual rights
17
Q

Public HC system characteristics

A

Responsibility for canadian hc syst is shard bet federal/provincial gov but is largely interpreted by provincial/territorial authorities (regulation if profession)

18
Q

Regulatory bodies (CNO, OIIQ…)

A

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

19
Q

Accountability

A

Complained process
May receive complaint from diff sources or nurses can self report, required investigation, many steps

20
Q

Contract

A

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

21
Q

Diff laws

A
  1. Common law
  2. Civil law
  3. Statutory law
  4. Criminal law
  5. Tort law
22
Q

Ex of negligence

A
  1. Failing to get informed consent
  2. Falls (cant follow procedures)
  3. Med errors that lead to injury
  4. Iv infiltration causing phlebitis
23
Q

Assault

A

Physical/verbal trait that creates apprehension of imminent harmful or offensive contact (no contact necessary)
Ex: nurse threatens to inject pt after refuses

24
Q

Battery

A

Intentional, harmful,offensive contact without consent
No need for harm
Ex: if treatment is diff from what consent was obtained

25
Q

Consent

A
  1. Legal requirement
  2. Surgical/medical procedures-> physician responsibility
  3. Nursing procedures-> nurse responsibility
26
Q

3 components of informed consent

A
  1. Disclosure (enough info given abt treatment)
  2. Voluntariness (pt decision wo force/manipulation)
  3. Capacity (pt must have legal/mental to make decision)
27
Q

Obligation of nurses to report

A

Any suspect of abuse, neglect or professional misconduct

28
Q

Nursing students liability

A

Liable if action causes harm to pt

Nursing (24 decks)

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