Ontario Court Rules Long-Term Care Homes Have to Respect Nurses' Professional and Clinical Judgment
In his ruling, Justice Morgan quoted the precautionary principle: to err on the side of caution and take all measures reasonable to keep workers safe. The late Justice Archie Campbell, in his 2003 SARS report, also emphasized the need to use the precautionary principle, the ONA informs. Justice Morgan wrote in his ruling that nurses are "sacrificing their personal interests to those under their care" not only for the immediate benefit of their patients, but for the benefit of society at large. He characterized the private homes' suggestion that nurses' request for masks, protective gear and cohorting of patients (i.e., using shared rooms for infected patients) is "for the nurses' own narrow, private interest" as "ironic," and said it "seems to sorely miss the mark." "Now, nurses and health-care professionals will have access to appropriate PPE, residents will be cohorted and proper infection control measures will be brought into these homes," said ONA President Vicki McKenna, RN. "I am optimistic that these measures may soon result in putting out the raging spread of COVID-19 in these homes," she added. The ONA is the union representing more than 68,000 registered nurses and health care professionals, as well as 18,000 nursing student affiliates, providing care in hospitals, long-term care facilities, public health, the community, clinics and industry.
This article was published in Article Link:   Website: www.cpcml.ca Email: editor@cpcml.ca |
A ruling of the
Superior Ontario Court rendered on April 23 orders four long-term care
homes to immediately rectify several serious health and safety issues
that have resulted in devastating COVID-19 outbreaks, the Ontario
Nurses' Association (ONA) informs. Justice E.M. Morgan ruled on an
urgent injunction brought by the ONA, that the homes must comply with
Public Health Directives. They require that long-term care homes
respect the professional and clinical judgment of nurses when deciding
how to protect themselves, and therefore their residents. He also ruled
that the decision as to what personal protective equipment (PPE) and
other health and safety measures are required in delivering care to a
resident is to be made by nurses, based on their assessment.