192. Study Notes: Legal Responsibilities, Negligence, and Torts in CCA Work

The Big Picture

Health care work carries legal responsibility. You must respect client rights and perform your work in a legally appropriate way.

If you break the law or violate someone’s rights, you are responsible for your own actions. Legal problems might involve criminal law, civil law, negligence, privacy, consent, or other wrongful acts.

One of the biggest ideas to remember is simple. Do your work carefully, stay within your role, respect the client’s wishes, and record your work accurately.

Look for Nova Scotia CCA Notes throughout this page for current provincial guidance.

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Course Notes: Key Ideas You Need to Know

Your Legal Responsibility as a Support Worker

Client rights come from laws. Health care team members must act in a legally appropriate manner.

If you break the law or violate a person’s rights, you become legally responsible, or liable, for your actions. Legal consequences include fines, lawsuits, or imprisonment.

You must follow both criminal and civil laws.

Criminal Laws and Civil Laws

Criminal laws deal with offences against the public and society as a whole. Breaking criminal law means committing a crime.

Examples include:

  • theft
  • murder
  • rape
  • abuse

A person found guilty of a crime faces a fine or imprisonment.

Civil laws deal with relationships between people. Examples include laws involving:

  • business disputes
  • divorce
  • adoption

These two types of law deal with different kinds of legal problems.

Criminal LawsCivil Laws
Deal with offences against the public and societyDeal with relationships between people
A violation is called a crimeIncludes matters such as business disputes, divorce, or adoption
A guilty person faces a fine or imprisonmentExamples include business disputes, divorce, and adoption

What Is a Tort?

A tort is a wrongful act that one person commits against another person or another person’s property.

The injured person has the option to sue the person who committed the tort.

Torts fall into two groups:

  • intentional torts
  • unintentional torts

Negligence is an unintentional tort.

Intentional torts discussed in this topic include:

  • assault
  • battery
  • false imprisonment
  • invasion of privacy
  • defamation of character

Negligence

Negligence means failing to act carefully or competently and causing harm to a person or damage to property.

Negligence is unintentional. The person did not intend to cause harm.

Negligence happens when someone:

  • fails to do what a reasonable and careful person would do
  • does something a reasonable and careful person would not do

A negligent person might have to pay damages. Damages means a sum of money paid to the injured person.

Performing a Task Incorrectly

One cause of negligence is performing a task or procedure incorrectly.

CCA action: Perform tasks and procedures exactly as you were taught.

Failing to follow the correct procedure might harm the client.

For example, a urinary drainage bag must stay below the client’s bladder level. Placing it above the bladder level prevents proper drainage and might lead to a urinary tract infection. Harm caused through this type of mistake might result in negligence charges.

Performing a Task You Are Not Qualified to Do

Another cause of negligence is performing a task or procedure that you are not qualified to perform.

You are legally allowed to perform only the tasks and procedures for which you are qualified.

Stay within:

  • your job description
  • your employer’s policies
  • legislation in your province or territory

Someone might ask you to perform a task beyond your scope of practice , such as giving medications.

Being told that you will not be liable does not remove your responsibility for your own actions.

Role limit: If a request falls beyond your scope of practice, refusing to carry out that request is both your right and your duty.

Carelessness That Causes Harm

A careless mistake becomes negligence when it causes harm.

For example, leaving a spill on the floor might cause a client to slip and fall. If carelessness caused the fall, the action might count as negligence.

The important difference is the connection between carelessness and harm.

Careful Work Does Not Prevent Every Harm

A client might experience harm even when you performed your work carefully and competently.

That makes accurate recording important.

Document: Record every procedure accurately according to your employer’s policy.

Accurate records might protect you if someone later claims that you acted negligently.

For example, suppose a client confined to bed develops serious pressure sores. The family believes the client stayed in one position for too long.

If your charting shows that you repositioned the client every hour as directed in the care plan, the record shows that you provided the required care and did not cause the pressure sores.

Without that record, someone might presume that you did not perform the repositioning.

Assault

Assault means intentionally attempting or threatening to touch a person without consent in a way that causes the person to fear bodily harm.

The important point is that assault does not require the unwanted touching to occur.

For example, threatening to tie down an uncooperative client is assault.

Assault is identified in Canada’s Criminal Code. Assault and battery might lead to both civil and criminal charges.

Battery

Battery means touching a person’s body without that person’s consent.

Battery involves the actual touching.

The person does not need to intend to injure the client. Touching the client without permission is enough.

Examples include:

  • force-feeding a client
  • giving a treatment to someone who refused that treatment

A health care provider believing that a treatment will help does not remove the person’s right to refuse it.

Consent During Care

Consent means agreement or approval for medical treatment, health care, or personal care services.

As a support worker, you are not required to obtain written consent before performing a task or procedure.

You must still respect the client’s wishes.

A client who signed a consent form still has the right to withdraw consent at any time.

Before performing a task or procedure:

  1. Explain the procedure and what you plan to do.
  2. Make sure the client agrees.
  3. Respect the client’s wishes throughout the task.

Consent might appear in different forms.

Verbal consent includes responses such as “yes” or “okay.”

Physical consent includes gestures or actions such as:

  • nodding
  • turning over for a back rub
  • holding out an arm for a blood pressure measurement

What to Do When a Client Refuses

A client has the right to object to or decline your services.

First: Respect the client’s wishes and stop the task or procedure.

Report: Immediately inform your supervisor.

The client’s decision might affect the client’s well-being, which makes immediate reporting important.

Do not continue simply because the client previously signed a consent form.

Duties Beyond Scope of Practice

In some provinces and territories, a registered health care provider may delegate a duty that falls beyond a support worker’s usual scope of practice.

The source gives an important limit.

If a support worker performs a duty beyond the usual scope of practice, and a registered staff member never delegated and taught that duty, the support worker is assaulting the client.

Role limit: You are responsible for understanding your role and working safely within its boundaries.

False Imprisonment

False imprisonment means unlawfully restraining a person or restricting that person’s freedom of movement.

Examples include:

  • preventing a client from leaving a facility
  • using restraints unnecessarily

The key idea is unlawful restriction of the person’s freedom to move.

Invasion of Privacy

Every client has a right to privacy.

Invasion of privacy happens when someone makes a client’s personal information public without consent.

Protected information includes:

  • the client’s name
  • photographs
  • private affairs
  • health information
  • other personal information

Your employer might require you to sign an oath of confidentiality.

Signing this document means you must keep information about clients and your employer confidential. The document might refer to provincial or territorial privacy legislation.

Avoid: Do not reveal client information that you learned through your work.

Freedom of Information and Privacy Laws

Canada has laws dealing with access to information and privacy.

Two major federal laws are the Access to Information Act and the Privacy Act.

LawWhat to Remember
Access to Information ActCitizens may demand records from federal bodies. The Information Commissioner of Canada enforces this law.
Privacy ActIntroduced in 1985. It protects personal information about individuals held by federal government institutions and gives individuals access to that information. Complaints about possible violations may be reported to the Privacy Commissioner of Canada.

Provinces and territories also have laws that deal with access to government information. Some of these laws also include privacy protections.

Defamation of Character

Defamation means harming a person’s name and reputation by making false statements to another person.

False statements might take different forms.

Libel involves knowingly making false statements that harm someone’s reputation through:

  • print
  • writing
  • pictures
  • drawings

Libel is a criminal offence in the circumstances described above.

In civil law, slander means making harmful false statements orally.

Examples of defamation include falsely:

  • suggesting that a client has a sexually transmitted infection
  • saying that a client is insane or mentally ill
  • suggesting that a client is corrupt or dishonest

Avoid: Never make false statements about a client, co-worker, or another person.