law - Answers system of binding rule of action to govern the behaviour if people in respect to
relationships with each other and with government
Basic Function of Law (defines, describes, provides solution, redefines) - Answers Defines relationships
among members of society
describes restraints that may be applied to maintain rules and by whom these may be applied to
provides solutions
redefines relationships when circumstances change
Law is what we must do, ethics is what we ought to do
Three primary sources of law - Answers legislative
case or common law
civil law
legislative- statuatory law - Answers process for law development includes introduction of a bill in
legislature
introduction of a bill in legislature - Answers first introduction is the first reading
debating is the second reading
voted upon the third reading
at the federal level after its voted on it goes to the senate in order to be enacted
regulations of statutory law - Answers acts have regulations which are usually broad. regulations lay out
the rules that accompany statutes
statutes affecting nursing - Answers (more narow)
public hospitals act, health act, healthcare consent act, restraints act, PHIPA, mental health act
Constitutional law - Answers highest law in canada
lays our limits on who has authority to make lays, establishes executive legislative authority- people who
get to enforce laws
-charter of rights and freedoms
Charter of rights and freedoms - Answers sets out fundamental rights of an individual, lays out freedoms
of thoughts and expression
,Case or Common law - Answers based on previous cases and use them on how decisions might be made
-judge must follow the ruling of higher court (supreme court is highest)
Civil Law - Answers only used in quebec- based on roman system of law- not based on previous cases
but on general rules and laws
Administrative Law - Answers legal power granted to agencies. ex. CNO has been given the power to
license and discipline members who do not proceed with ethical actions r/t legislation
Types of Law - Answers Public or private
Public law - Answers in relation to the government, the kinds of relationships to each other (most
dominant is criminal law which involved felonies and misdemeanours)
private (civil) - Answers only deals with relationships with other people
Tort Law(Civil wrong) - Answers when someone suffers as a result of the actions of someone else
(negligence, invasion of privacy, slander, assault and battery)
non intentional (omission) vs. intentional (willfull) - Answers non-intentional- act of omission that causes
harm
intentional- something you wanted to do that violates someone else property
Compensation (Klar, 2012) - Answers important difference from civil law, compensation to victims rather
than punishment
degree of proof - Answers criminal law- guilt needs to be established
in civial law- the same level of proof doesn't exist, must need reasonable ground to suspect guilt
Defamation (intentional tort) - Answers tendency to injure a reputation, aimed at one particular person
Slander - Answers verbal attacks, need to have a witness
Libel - Answers published attacks
third party - Answers defamation needs to be aimed at specific people not just the group "nurses suck"
Other forms of intentional tort - Answers truth, cyber-libel,importance of accuracy, protects reputation
Exceptions - Answers employer punishes for being late using constructive criticism, right of the
employers
successful suit - Answers if the meaning of the communication is defamatory
Battery and Assault (Intentional tort) - Answers Battery- act of willful harm or nonconsensual contact on
another (Fleming, 1983;klar 2012;shapiro,2017)
, ex. applying restraints
Assaults- Apprehension of harm(threaten)
Invasion of privacy(Intentional tort) - Answers -can be innocent
-passwords
-social media (shapiro, 2017)- do not share patients info on social media
Negligence(Non-Intentional tort) - Answers the most important modern tort to nurses in addition to
battery and assault
10% = medication (Lowth, 2016; Stats Canada, 2008)
Other errors (Shapiro, 2017)
Prevention (Lowth, 2016)
Conditions (4) (Horowitz, 2015; Shapiro, 2017)
Adverse events (Lowth, 2016; Stats Canada, 2008)
Acute care errors (CIHI, 2016)
Clinical practice guidelines
conditions for negligence (Horowitz, 2015; Shapiro, 2017) - Answers 1. duty of care (must have a
relationship with the patient that involves care)
2.breach of duty of care (nurse failed to act as a competent nurse would)
3. harm has occurred
4. causation- must be a link between what you did and the harm experienced by the patient, also the
should have/could have known this failure could result in harm
Adverse events (Lowth, 2016; Stats Canada, 2008) - Answers are not uncommon in healthcare; 1 in 18
patients in acute care have experienced this, mostly related to medications, hospital acquired infections,
accidents and procedures
Acute care errors (CIHI, 2016) - Answers over half of all errors occur on medical floors, second is surgical
floors
Clinical practice guidelines - Answers been developed in order to provide standards for patients however
they are seen as too general and normative to be helpful in clinical experience
Nova Scotia Case (McKiggan, 2011) - Answers -mother had pain in hip after c section