What We Do
- Assistance with legal proceedings including:
- Risk Management and Education
- information about professional obligations and professional liability issues
- prompt, confidential access to nurse legal advisors who are lawyers with extensive nursing experience
- explanation of legal steps to be taken and actions to avoid when an incident has occurred
- referral to legal counsel when required
- pre-contractual review of professional service agreements
- defence of claims and legal actions arising from nursing practice
- payment of any settlement or any court-imposed damages, costs, legal expenses and fees**
- investigation of criminal allegations arising from nursing practice
- defence of criminal charges arising from nursing practice***
- legal assistance in responding to an application for production of client records in a criminal sexual assault case
- legal defence for alleged breach of a provincial/territorial/federal statute (including investigations of alleged human rights and privacy violations)****
- excludes statutes regulating nursing practice, professional discipline or labour relations
- legal assistance for nurses compelled to appear as witnesses at legal proceedings
- legal assistance for nurses involved in Coroners' or Medical Examiners' investigations
CNPS protection is occurrence-based, which means registered nurses can seek assistance from CNPS for any incident arising from nursing practice that occurred while they were members of a CNPS member organization, irrespective of when a claim arising from this incident is made or a civil action is commenced.
Requests for legal representation will be considered on a case by case basis by a committee of nurses to determine the eligibility and appropriate level of assistance.
- CNPS publishes educational material on a wide range of subjects to help nurses understand their professional legal obligations, manage the risks in their nursing practice and reduce the risk of harm to their patients
- CNPS provides interactive risk management presentations to nursing groups on specific legal issues related to their nursing practice
- test your knowledge of legal risk management
*May be subject to financial limits.
**Generally excluding punitive damages.
*** Generally in the form of reimbursement of reasonable defence expenses in the case of a fully successful defence; "fully successful" means acquittal, the return of a not guilty verdict or the withdrawal of charges.
****Excluding payment of fines.