Legal Risk Management
for Nurses in 2015

Faculty Agenda Download Brochure PDF

This intensive one-day OsgoodePD course, developed by the top legal and health law experts, builds on and updates successful programs offered in past years. An experienced faculty will explain, in easy to understand terms, what the law is and how it applies, from the perspective of the professional nurse.

You will learn:

• Practical tips for preventing professional misconduct claims
• Substitute decision makers: what’s the ranking order?
• What can be done to reduce the risk of privacy breaches?
• The legal standard of care in a malpractice suit
• Consent and children: when is a minor capable of giving consent?
• The key elements to understand from the College’s new Medication Practice Standard
• The role of parents in health care decisions
• Responsibilities and liability of employers for violence/harassment at work

Faculty

Chairs

• Mary Jane Dykeman, DDO Health Law
• Elyse Sunshine, Rosen Sunshine LLP

Faculty includes:

• Philip B. Abbink, Cavalluzzo Shilton McIntyre Cornish LLP
• Janet E. Borowy, Cavalluzzo Shilton McIntyre Cornish LLP
• Manuela Di Re, Director of Legal Services, Information and Privacy Commissioner of Ontario
• Michael B. Fraleigh, Fogler, Rubinoff LLP
• Pam Marshall, RN, LLB, LLM, Executive Director, Patient Relations, Risk & Legal Affairs, The Scarborough Hospital
• Angela McNabb, RN, BScN, MN, CPMHN, Outreach Consultant, Professional Practice Department, College of Nurses of Ontario
• Lonny J. Rosen, C.S., Rosen Sunshine LLP

Agenda

• The 2015 Guide to Legal Risk Management for Nurses

  Original Date: Wednesday, June 17, 2015

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  • 8:00 am
    Registration and Continental Breakfast
  • 8:30 am
    Introduction from the Chairs

    Mary Jane Dykeman, DDO Health Law
    Elyse Sunshine, Rosen Sunshine LLP

  • 8:35 am
    Understanding Medical Negligence Claims Against Nurses

    Michael B. Fraleigh, Fogler, Rubinoff LLP

    • The current legal standard of care in a malpractice suit
    • Does an error in judgment mean the standard has been broken?
    • What is the standard in emergency situations?
    • Causation: was the harm suffered caused by a breach of the standard?
    • Vicarious liability: who’s on the hook and for what?
    • Defences to a malpractice claim: denial of the facts; expiration of the limitation period; a missing element; contributory negligence
    • The legal consequences of disclosing an adverse event
    • Effective risk management in reducing malpractice claims
  • 9:30 am
    Ensuring Patient Privacy: How to Deal Appropriately with Confidential Information

    Mary Jane Dykeman, DDO Health Law
    Manuela Di Re, Director of Legal Services Information and Privacy Commissioner of Ontario

    • Personal Health Information Protection Act (PHIPA): what it means for nurses
    • Nurses as “agents” of health information custodians
    • Common causes of privacy breaches (e.g. unencrypted devices and unauthorized access)
    • How to reduce the risk of privacy breaches
    • The latest orders from the IPC: what do they mean for nurses on frontline?
    • Update on the latest privacy litigation case law

    Note: A 15 minute break will be taken during this session.

  • 11:00 am
    Consent to Treatment and Informing the Patient: The Nurse’s Perspective

    Lonny J. Rosen, C.S., Rosen Sunshine LLP

    • What is “informed consent”? What information needs to be disclosed?
    • Update on recent cases on consent to treatment
    • The role of causation in informed consent
    • The patient’s rights to refuse treatment and the assessment of capacity to do so
    • Prior expressed wishes of the patient (written or oral): what weight do they carry?
    • Substitute decision makers: what’s the ranking order?
    • What factors are taken into consideration to determine a patient’s “best interests”?
    • Understanding Powers of Attorney for personal care
    • Consent and children: when is a minor capable of giving consent?
    • The role of parents in health care decisions: when can a parent provide consent? What if the child is adopted or the parents are separated or divorced?
    • Applications to the Consent and Capacity Board: what you need to know
  • 12:15 pm
    Luncheon & Keynote Address

    ”The Changing Landscape of End of Life Decisions in Canada”

    Kerry W. Bowman, PhD, Assistant Professor, Family and Community Medicine, Joint Centre for Bioethics, University of Toronto; Clinical Ethicist, Mount Sinai Hospital y

  • 1:15 pm
    Protecting Nurses from Violence & Harassment at Work

    Philip B. Abbink, Cavalluzzo Shilton McIntyre Cornish LLP

    • What is harassment and workplace violence? What are the legal issues?
    • Understanding the Occupational Health and Safety Act: what does it mean for nurses?
    • Responsibilities and liability of employers, managers and the Board of Directors
    • Risk Assessments: what, how, when – a tool box
    • Policies, procedures, processes: what you need to know
    • Strategies to deal with abuse by patients, clients, residents and their families
  • 2:00 pm
    Professional Misconduct Update: What Every Nurse Should Know

    Elyse Sunshine, Rosen Sunshine LLP

    • What are the sources of professional standards for nurses?
    • What is professional misconduct? What are the most common types of professional misconduct occurring today?
    • How does the College deal with professional misconduct? An overview of the College’s complaints process, disciplinary proceedings and sanctions
    • Understanding the appeals process
    • The nurse as witness: what you need to know
    • Reporting obligations on findings of professional misconduct under the Nursing Act
    • Incapacity and incompetence: what role do they play?
    • Practical tips for preventing professional misconduct claims
  • 2:45 pm
    Refreshment Break
  • 3:00 pm
    Patient Relations: Building Relationships to Help Nurses Manage Risk

    Pam Marshall, RN, LLB, LLM, Executive Director, Patient Relations, Risk & Legal Affairs, The Scarborough Hospital

    • The importance of early intervention to prevent matters from escalating
    • Effective management of patient/family complaints
    • How to manage difficult behaviour
    • Tips for effective communication
    • Protect yourself: ensuring accurate record keeping and documentation
  • 3:45 pm
    An Overview of the College of Nurses New Medication Standard

    Angela McNabb, RN, BScN, MN, CPMHN, Outreach Consultant, Professional Practice Department, College of Nurses of Ontario

    Nurses in Ontario will be accountable to a new Medication Practice Standard as of May 5, 2015. This session will provide an overview of the new Medication standard and:

    • The importance of regularly reviewing the College’s standards
    • The key points to understand and remember from the new standard
    • College resources to support application of the new standard
    • Scenarios that demonstrate the application of the document
  • 4:30 pm
    Program Concludes

Group Discounts

2-3 delegates: 25% off archived program fee
4-10 delegates: 30% off archived program fee
11+ delegates: 35% off archived program fee
Boardroom rates available.

Delivery

The video stream, including link to program materials will be sent to you via email as soon as payment is successfully processed.

Refunds

All sales are final. Please make all enquiries related to program content and CPD/MCLE credit hours prior to purchase. In the event you experience technical difficulties, please contact opdsupport@osgoode.yorku.ca for assistance.