Summary

This document reviews key components of Canada's legal system as it affects nursing practice, covering topics such as public and private law, legal responsibilities, and the significance of nursing documentation. It also discusses legal issues and ethical complexities related to new technologies in healthcare and mandatory reporting requirements.

Full Transcript

703 Ethics Week 4 review ### **1. Review key components of Canada's legal system as it affects nursing practice** - **Public law** governs interactions between individuals and the state (e.g., criminal, tax, human rights laws). - **Private law** covers disputes between individuals, includ...

703 Ethics Week 4 review ### **1. Review key components of Canada's legal system as it affects nursing practice** - **Public law** governs interactions between individuals and the state (e.g., criminal, tax, human rights laws). - **Private law** covers disputes between individuals, including negligence and contracts. - **Statute law** is created by legislative bodies (e.g., **Nursing Act, 1991**), while **common law** is based on judicial precedents. - Nurses are regulated by provincial/territorial bodies that enforce **professional standards** to ensure safe, competent, and ethical practice. ### **2. Discuss the legal responsibilities and obligations of nurses** - Maintain **confidentiality and privacy** of client health information (PHIPA, 2004). - Obtain **informed consent** before providing treatment. - Follow **professional standards of care** to avoid negligence. - **Mandatory reporting** includes child abuse, elder abuse, and gunshot wounds. ### **3. Discuss the concept of duty of care and professional practice liability** - Nurses have a **legal and ethical duty** to provide care that meets accepted standards. - If a nurse **fails to uphold this duty**, they can face **legal consequences**, including malpractice lawsuits. - Employers may be held **vicariously liable** for their employees' negligence. ### **4. Discuss and apply the concept of negligence in nursing practice** - **Negligence occurs** when: - A nurse owes a **duty of care**. - They **fail to meet** that duty. - The patient **suffers harm**. - The nurse's actions **directly caused** the harm. - Examples include **medication errors, failure to monitor vital signs, and inadequate documentation**. - **Prevention**: Follow best practices, communicate clearly, and document thoroughly. ### **5. Discuss how new technologies present legal and ethical issues** - **Electronic Health Records (EHRs)** improve documentation but raise concerns about **data security** and **privacy breaches**. - **Social media** misuse (e.g., sharing patient info) can lead to professional misconduct. - Errors in **copy-pasting patient records** may lead to misinformation and legal consequences. ### **6. Review nursing documentation in accordance with the College of Nurses of Ontario** - **Three key principles**: - **Communication** -- Ensures continuity of care. - **Accountability** -- Reflects professional judgment. - **Security** -- Protects patient confidentiality. - **Accurate, timely, and complete documentation** is required to meet legal and professional standards. ### **7. Examine the legalities of nursing documentation** - **Legal risks**: Poor documentation can be used against a nurse in legal cases. - **Altering records, omitting entries, or backdating notes** can result in legal consequences. - **Incident reports** should be objective, factual, and timely. ### **8. Why has the complexity of legal issues for nursing grown?** - Expanding **scope of practice** increases accountability. - Rising **public awareness** of patient rights leads to more legal scrutiny. - Advances in **life-sustaining technology** introduce new ethical dilemmas. - Increased focus on **professional negligence and liability**. ### **9. What is regulatory law? Are there any Legislative Acts which go with this?** - **Regulatory law** protects the public by governing nursing practice. - In Ontario, it is governed by: - **Nursing Act, 1991** -- Defines nursing roles and responsibilities. - **Regulated Health Professions Act, 1991** -- Outlines professional conduct and controlled acts. ### **10. Difference between public and private laws?** - **Public law**: Governs relationships between individuals and the state (e.g., criminal law, tax law). - **Private law**: Governs disputes between individuals (e.g., contracts, negligence, malpractice). ### **11. What is Fiduciary Duty?** - A **fiduciary duty** means a professional must **prioritize** the interests of their client above their own. - Nurses must act **ethically, competently, and with integrity** to maintain patient trust. ### **12. Torts -- what are they? Differences? Example?** - **Torts = Civil wrongs**. Two types: - **Intentional torts**: Assault, battery, invasion of privacy. - **Unintentional torts**: Negligence (e.g., medication error harming a patient). - Example: A nurse **restraining a patient without consent** is **battery**. ### **13. When do we have responsibilities to report?** - **Mandatory reporting laws** require nurses to report: - **Child abuse** (Children's Aid Society). - **Elder abuse** (If in long-term care, reporting is required). - **Gunshot wounds** (Must be reported to police). - **Sexual abuse by a healthcare professional** (Must report to CNO). ### **14. Privacy and Confidentiality -- why is this so important? What does it mean to nursing?** - **Privacy** belongs to the patient; **confidentiality** is the nurse's duty. - **Breach of confidentiality = Professional misconduct** (e.g., discussing patient info in public). - **Relevant laws**: - **Personal Health Information Protection Act (PHIPA), 2004** -- Governs health info privacy. - **Quality of Care Information Protection Act (QOCIPA), 2016** -- Protects quality-of-care discussions. ### **Nursing Documentation Section** ### **15. What is nursing documentation?** - A **permanent legal record** of care that includes assessments, interventions, and patient outcomes. ### **16. Why do we document?** - Ensures **continuity of care**. - Provides **legal protection** in case of disputes. - Supports **quality improvement and research**. ### **17. What are the nurses\' accountabilities for documenting?** - Must be **accurate, complete, timely, and objective**. - Must **reflect professional judgment**. - Failure to document properly can lead to **professional misconduct**. ### **18. Are there strategies to improve documentation?** - **Avoid vague language** (e.g., "patient ate well" → use specific details). - **Use standardized formats** (checklists, SOAP notes). - **Ensure legibility and clarity** in handwritten or electronic records. ### **19. How do you manage a late entry?** - Clearly **label it as a late entry**. - Use **actual date and time** of the event, not when writing the entry. - Never **backdate** or alter previous entries.

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