The Legal Risks Of Nurses.
Please note that the content on this page is currently under review. Please contact us at should you have any questions concerning this topic. A nurse may become involved in legal proceedings as a witness, accused, grievor, or defendant. This infoLAW will focus on three areas 1 : professional discipline, criminal prosecutions and grievances. For information on civil liability please refer to the infoLAWs on negligence 2 and malpractice lawsuits 3. Legally, nursing licensing bodies must ensure that their members are competent. These organizations set minimum standards of practice, ethics and professional behaviour.
Complaints may relate to any nursing areas. Examples include: medication errors, breaching confidentiality, practising medicine without a license, and patient abuse. The discipline process begins with the receipt of a letter of complaint by the licensing body. A copy of the complaint and information about The Legal Risks Of Nurses complaints process are usually forwarded to the nurse.
The nurse must then respond to the complaint.
The complainant, nurse and witnesses may also be interviewed. The investigator then reports to the complaints committee which determines what action, if any, should be taken.
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Most cases are resolved at this level, with or without mediation; more serious cases are forwarded to the discipline committee for a hearing. The discipline committee hears evidence presented by witnesses for the complainant and the nurse and decides whether the nurse should be disciplined. An employer will not usually provide legal representation to defend complaints. A nurse may be reported to the police for suspected criminal conduct.
The police may commence an investigation and, if there is sufficient evidence, a charge will be laid pursuant to the provisions of the Criminal Code. Examples of criminal charges laid against nurses include: theft of narcotics, theft of patient or institutional property, assisted suicide, criminal negligence, threatening or inflicting bodily harm, and sexual assault.
During their investigation, the police will interview the nurse and request a statement. Any information given to the police may be introduced as evidence against the nurse at a subsequent trial.
Therefore, before answering any questions or providing any statements to the police, a criminal lawyer should be consulted. If a nurse is charged with a serious offence the process is as follows.]
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