Week 3: Legal Practice Flashcards
Nursing Regulation, Continuing competence and Practice Expectations
What is the RHPA?
Regulated Health Professions Act (RHPA)
-Public law (umbrella act) that sets rules for ALL [21] health professions w/ profession specific regulations
Define the Reserved Acts
*certain health care services or procedures/skills that require competency to be done
-This act tells us who does what in the provision of healthcare → not exclusive to any one health profession
-A member may perform a reserved act ONLY if they’re legally allowed & competent to perform it & is safe & appropriate for the procedure to be done *intended to encourage interprofessional care
Define the Continuing Competence Program?
College of Registered Nurses of Manitoba, Registered Nurses must:
- Complete the mandatory jurisprudence module with evaluative component
- Complete a self-assessment process
- Develop and utilize a learning plan
What is the role of the CRNM?
-Works w/ nurses to serve & protect the public through regulation
- Set Expectations & Standards for RN Practice
- Set Standards for Nursing Education Programs *sets standards for RN education programs
- Support Continuing Competence *CCP helps maintain & enhance individual RN practice
- Manage Complaints About Practice
What is the ARNM?
oSupports the RN profession, educates RNs, provides liability protection purchased annually (1 option)
oNot mandatory to become a member of ARNM
What are the four criteria that needs to be present for Negligence?
1.Duty of care (the defendant owed a duty to the plaintiff)*
2.Breach of duty (the nurse didn’t do her duty/responsibilities)*
3.Foreseeable harm caused by breach (presence of injury/damage – pt. was injured/harmed)*
4.Causation (the nurse’s failure to do her job properly CAUSED the injury)
What is entailed by Duty of Care?
the responsibility to use a reasonable degree of skill, knowledge & care in the treatment of a pt.
-Legally, nurses need to act in a way to meet/exceed the standard of care of a reasonably prudent HCP.
-A duty to follow to evidence-informed protocols & procedures that minimize the risks of harm
-A nurse-pt. relationship existed, giving the pt. a reasonable expectation they would receive care
What does a Breach of Duty mean?
*the nurse didn’t meet their duty of care, nor provided the expected standard of care for a pt.
-Evidenced by: o Pts. medical record (documentation), organizational policies, Staffing levels & workload
What is injuries and harm of Negligence?
*breach of duty to care must’ve caused harm to the pt.; not potentially, pt. HAS to be injured
-Must result in financially compensable harm or damages to the plaintiff
What is causation of Negligence?
*casualty; the nurse’s failure to do their duty caused the injury
-The nurse’s action or inaction caused injury or harm
-Need to have evidence that pt. did NOT contribute to the injury; or is only partly responsible for it
Define Inquest
Manitoba Fatalities Inquiries Act
- Reportable to medical examiner (ex. Pt admitted within 24 hours, after a fall/surgery) which will lead to autopsy
- Inquest into a death = meant to look at what happened to a situation
- What went wrong and what to do to prevent from happening in the future
What are the rules of documentation?
-Write legibly, concisely, accurately (w/ clarity, w/o error or ambiguity), regularly, chronologically
-Avoid abbreviations & bias *use professional language & terminology
-Include ppl involved in entry
-Only include notes of care YOU provided
-Record date & time w/ each professional contact
-Don’t chart in advance of the event or care provided
-Entries signed by person who wrote them – w/ designation
What are the CRNM Guidance?
- Factual: descriptive, objective, directly observed, or measured
- Accurate: exact measurements *as specific as possible
- Complete: ALL relevant info noted (ex: status changes, interventions & pt. response, communication)
- Timely: document close to when it happened to ensure a clear record of what happened when