Week 8 - Laws and legislation

Question 1

What is civil law?

Answer 1

A body of rules and legal principles that govern relations, rights and obligations among individuals, corporations or other institutions.
- a type of private law

Question 2

What is statutory law?

Answer 2

Written law set down by a legislature (federal/provincial)

Question 3

How are laws made?

Answer 3

Bill introduced –> bill is passed through federal parliament or provincial/territorial legislature –> bill receives Royal Assent –> it is proclaimed and published as a LAW!

Question 4

Who is responsible for the regulation of healthcare professionals in Canada?
- Federal or provincial/territorial government?

Answer 4

ALL Governments are responsible for Canada’s Health Care System as per the Constitution Act in 1867.

Although the Federal Government is responsible for Health Care, the provinces and territories have more involvement.

The Regulation of Health Care professionals is largely up to the provinces and territories.

Question 5

What are the 2 ways laws are created in Canada?

Answer 5

1) Judicial system –> creates common laws
2) legislative or administrative system –> statutory laws

Question 6

Which province does NOT follow common laws?

Answer 6

Quebec

Question 7

What is public law?

Answer 7

sets the rules for relationships between individuals and society?

Question 8

What is a constitutional law?

Answer 8

Defines the relationship between various branches of government, and between federal and provincial governments.

A Constitution is a formal set of rules and principles that describe the powers of a government and the rights of the people.
- it limits the government’s power over individuals

Question 9

What is criminal law?

Answer 9

● Deals with crimes (actions considered harmful to society) and their punishments.
● Canadian federal government presides over criminal law.

Question 10

What is administrative law?

Answer 10

● Formal laws written and enacted by federal, provincial, or local legislatures.
● Laid down by the Parliament of Canada legislature or by the provincial or territorial legislatures
● Federal bills (which become laws) pass through a complex process involving Parliament
● Parliament consists of the Governor General of Canada, the Senate, and the House of Commons.

Question 11

What type of law is the CNO?

Answer 11

Public law - Administrative law

Question 12

What is contract law?

Answer 12

● Deals with rights and obligations of people who make contracts.
● May be written or oral.
● In health care, contracts may be expressed or implied.
● Nurse-patient relationship is an implied contract.

Question 13

What is a tort?

Answer 13

● A tort is a wrong or injury that a person suffers because of someone else’s action, either intentional or unintentional.

Two types:
● Intentional: A willful or intentional act that violates another person’s rights or property
● Unintentional: An act or omission that causes unintended injury or harm to another person.

Question 14

What are examples of intentional torts?

Answer 14

● Fraud.
● Invasion of privacy.
● Assault.
● Battery.
● False imprisonment.
● Defamation: slander (oral – speaking, so s+s), libel (written).
● Intentional infliction of emotional/mental distress.

Question 15

What is meant by “Duty of Care”?

Answer 15

Duty of care refers to the legal obligation to act in a beneficial way to another person or to refrain from acting in a way that causes harm.

Question 16

What are the majority of lawsuits made against nurses?

Answer 16

Unintentional tort - Negligence

Question 17

What is negligence?

Answer 17

the failure to provide the standard of care that is reasonable and the care falls below the standard of a reasonable and prudent nurse in the same or similar circumstances.

Question 18

Are nursing students liable for causing harm to patients?

Answer 18

yes.

Question 19

What does each layer of the onion represent?

Answer 19

Outer - Legislation/regulation - RHPA, Nursing act
2nd - professional organizations - CNO
3rd - organizational policies
4th - unit policies
5th - personal skill, judgment, and knowledge

Question 20

What are nursing responsibilities when administering medications

Answer 20

• cannot prescribe
• need to follow orders
• need to know the drug is administered
• need to question unclear/incorrect orders

Question 21

What are the 4 elements of negligence?

Answer 21

• duty
• breach of duty
• harm
• causation

Question 22

What is the ‘nurse health program’?

Answer 22

a voluntary and confidential program to encourage nurses to see treatment for mental health or substance use disorders.

Question 23

What does LEAP ONA do?

Answer 23

Offers legal assistance

Question 24

What is deontology?

Answer 24

Defining actions as right or wrong

Question 25

What is Utilitarianism (consequentialism) ?

Answer 25

The concept that the value of something is determined by its usefulness

Question 26

What is Bioethics?

Answer 26

The concept that actions are obligation based, outcome oriented, and based on reason

Question 27

What are the principles under CNA’s code of ethics?

Answer 27

● Providing safe, compassionate, competent, and ethical care
● Promoting health and well-being
● Promoting and respecting informed decision making
● Honouring dignity
● Maintaining privacy and confidentiality
● Promoting justice
● Being accountable

Question 28

What are the principles under CNO’s code of ethics?

Answer 28

● Client well-being;
● Client choice;
● Privacy and confidentiality;
● Respect for life;
● Maintaining commitments;
● Truthfulness; and
● Fairness.

Question 29

what is moral integrity?

Answer 29

• Sense of moral ‘wholeness’ between values and actions
• Mirror test

Question 30

What is a Moral dilemma?

Answer 30

• Obligation to pursue two or more conflicting courses of action
• Unsure of what principles or values apply

Question 31

What is moral distress?

Answer 31

• Something is wrong, and people aren’t addressing it
• Physical or emotional suffering that is experienced when constraints (internal or external) prevent one from following the course of action that one believes is right

Question 32

What is moral residue?

Answer 32

• Distress that may linger when faced with moral distress and values and principles have been compromised

Question 33

What are the 4 components of relational ethics?

Answer 33

● Mutual respect: each person respects other.
● Environment: us; social, political, ecological.
● Embodiment: integration of mind and body.
● Engagement: understanding; shared moment; increases meaning, reduces burnout; make time.

Question 34

AAPIE to ethical reasoning

Answer 34

● Assess = collect information you need to identify the ethical issue at hand
● Analyze = determine the questions to be answered in the people who are most affected
● Plan = decide on your role, possible actions and outcomes, prioritize based on benefit versus harm, and make a plan
● Implement and Evaluate = enact the plan, monitoring and modifying

Question 35

Ethical Decision Making - CNO

Answer 35

● 1.Assessing and describing the situation.
● 2.Making plans/deciding upon an approach.
● 3.Implementing plans/taking action.
● 4.Evaluation/Outcome.

Question 36

Oberle and Raffin Model (CNA)

Answer 36

● 1.Understanding the ethics of the situation: Relationships, goals, beliefs, and values. ● 2.Reflecting on the range of available choices.
● 3.Maximizing the good.
● 4.Taking ethical action.
● 5.Reflecting on and reviewing an ethical action.

Question 37

What are the 5 main principles in ethical decision making

Answer 37

The five main principles are:
- Beneficence
- Nonmaleficence
- Autonomy & Informed Consent
- Truthfulness & Confidentiality
- Justice