Class 10: Legal Aspects of Nursing

Fiduciary Relationship

One in which a professional provides services that, by their nature, cause the recipient to trust in the specialized knowledge and integrity of the professional.

Civil law

Based on roman law

Common law

Based on British common law

Statute law

Created by elected legislative bodies such as the parliament of Canada and provincial or territorial legislatures

Nursing practice acts

The scope of nursing practice that set educational requirements for nurses, distinguish between nursing and medical practices, and generally define nursing practice.

Tort

A civil wrong committed against a person or property

Intentional trots

Willful acts that violate another person’s rights

Assault

Conduct that creates in another person apprehension or fear of imminent harmful or offensive contact

Battery

Any intentional physical contact with a person without that person’s consent

False imprisonment

The tort that serves to protect a person’s individual liberty and basic rights

Negligence

Nursing is induct that does not meet a standard of care established by law

Preventing negligence

To fallow standards of care; give competent health care; insist on appropriate orientation, continuing education, and adequate staffing.

Informed consent

A persons agreement to allow a medical action to happen.

Health Professions Act

Defines nurses’ legal authority, scope of practice, and regulatory accountability. Changes to this legislation are forthcoming; however, for now, be familiar with the current provisions that govern nursing practice.

Health Care (Consent) and Care Facility (Admission) Act

Governs consent, capacity, and substitute decision-making.

Freedom of Information and Protection of Privacy Act (FOIPPA)

Addresses privacy and confidentiality of patient information.

Personal Information Protection Act (PIPA) & PIPEDA (Federal)

Set standards for handling personal health information.

Mental Health Act

Outlines nurses’ responsibilities when caring for clients under involuntary admission.

Child, Family, and Community Service Act

Mandates reporting of suspected child abuse or neglect.

Criminal Code (Federal)

Includes provisions on duty to report, assault, neglect, and professional misconduct

Good Samaritan Act

Protects nurses providing emergency care outside their workplace

Public Health Act

Establishes legal duties in communicable disease prevention and reporting.

Human Rights Code

Ensures equitable, non-discriminatory care and workplace conduct.