Week 9: Canadian Legal System , Nurse Accountabilities Flashcards
How does the law influence nursing practice?
The law regulates the profession, clarifies the rights of patients and nurses, and outlines civil and criminal consequences for breaches of law and professional standards.
What is the Rule of Law?
The Rule of Law states that all people are held to the law.
What legal processes may nurses be involved in?
Nurses may be called as witnesses or experts in legal proceedings, involved in coroner investigations, and may face civil or criminal consequences for failing to meet professional standards.
What is Statute Law?
Statute Law refers to civil law that is formally written legislation.
What are Nursing Practice Standards?
Nursing Practice Standards are expectations for safe, competent, and ethical care.
CNRNA Role
Development to keep currency and to not do harm
Competencies of skills and knowledge
What is the Duty of Care?
Nurses owe a Duty of Care to those placed in their care, which must be delivered in a competent manner according to standards and expectations.
What constitutes Professional Misconduct?
Professional Misconduct occurs when a professional behavior fails to meet ethical and legal rules and standards, such as failing to meet standards of practice or abuse.
What is Malpractice?
Malpractice involves performing lawful acts in a careless manner or in a way that does not meet the standard of care, and is dealt with in civil courts.
What is a Tort?
A Tort is a civil wrong committed by a person against another, causing injury or damage.
Document implict (given cause) and explict
What is an Intentional Tort?
An Intentional Tort is a civil wrong that results in damage, such as battery or assault.
What is Non-intentional Tort Negligence?
Non-intentional Tort Negligence occurs when a person’s liability to another is without intention, often due to failure to act reasonably.
What are the three elements of Negligence?
- Duty of Care owed to the plaintiff (client).
- Breach of Duty of Care by the defendant (nurse).
- Patient suffers damage as a result of the breach.
What is the liability of nursing students?
Nursing students are liable for their actions that cause harm to patients and must not perform actions unless competent to do so.
What is Professional Liability Protection?
Professional Liability Protection includes malpractice insurance that may be carried by the employer and provides a defense in lawsuits involving malpractice liability.
What are the implications of short staffing?
Short staffing can lead to legal problems due to an inadequate number of nurses.
