Laws in Nursing

7/27/2019 Laws in Nursing

1/16

What every nurse should know


2/16

INTRODUCTION

Nurses have more responsibility

Increased numbers of Advanced Practice Nurses

Law is there to assist in the decision-makingprocess involved in nursing practice

Law is there for the protection of nursing practice

Law is there for the identification of the risk of liability

Importance of Law to the

Nurse


3/16

Sources of Law

Statutory law

Constitutional law Enacted law Regulatory law

Common law Common usage Case law


4/16

Classifications of LawCriminal law

Harm against societyOffenses against the stateFelonies, misdemeanors,

juvenileConviction requires proof

beyond reasonable doubt

Civil law

Legal disputesbetween private parties

Torts

Negligence

Malpractice


5/16

Tort Law is the enforcement of duties &rights among independent of contractualagreements. It is a civil wrong committedon a person or property stemming fromeither a direct invasion of some legal

right of the person, infraction of somepublic duty, or the violation of someprivate obligation by which damages

accrue to the person.

TORTS AND CRIMES


6/16

Examples of Tort Law include:

Negligence & Malpractice

Assault & Battery

False Imprisonment

Restraints or Seclusion

Invasion of Privacy

Defamation

Fraud


7/16

Intentional Tort

ScenarioAn elderly resident in a longterm care facility decides not to

take an ordered antidepressantmedication. The nurse believesthat the resident needs themedication and dissolves it injuice, administering themedication without telling theresident.


8/16

Unintentional Tort-NegligenceHarm must have occurred

Negligent person had a duty to another

There was a breach of duty

Harm was caused by the breach of duty


9/16

NEGLIGENCE AND MALPRACTISE

# Negligence is failure to use the care that aperson would normally use

# Malpractice is a failure in professionallyduty, practice or skill that leads to injury orharm to the patient.


10/16

Common acts of negligence are:

Overlooked sponges

Burns and falls

Wrong medicine, wrong dose, wrong concentration,wrong patient.

Defects in apparatus or supplies.Abandonment

Loss or damage of patients property.


11/16

INCIDENT REPORTS

Incident reports is to ensure that there is a record of

details of the incident and subsequent action taken by legalproceedings.

GOOD SAMARITAN LAWS:This law are intended to encourage qualified people to

give aid in an emergency.

ASSAULT AND BATTERY: Assault refers to attempts or threats to do bodily harm to

another. Battery is unlawful beating of another.

INFORMED CONSENT:The rights of the patient is right to consent to

treatment.


12/16

INVASION OF PRIVACY:In this every individual has the right to withhold both

himself and his property from public scrutiny.

DEFAMATION OF CHARACTER:It means that a persons reputation is damaged by

written or spoken words that tend to lower his esteem in theeyes of the other people. ABORTIONS:

Its premature termination of pregnancy it can occur

spontaneously or it may be induced by medical or surgicalmeans. WIILS:

Will is declaration of an individual wishes regarding what is to be done with property after his death.


13/16

CONTROLLED SUBSTANCES LEGISLATION Laws in which the nurse involved in the control and

administration of narcotics and other potentially harmfuldrugs.

MALPRACTICE INSURANCE:Due to increase in number of malpractice in

general and against nurses, many authorities recommendthat each nurse carry her own malpractice insurance tocover the cost of lawful fees;


14/16

Malpractice is one type of negligence, it is referred asprofessional negligence. Nursing malpractice results whennursing care falls below the standard of nursing care .

Nurses can be found liable for malpractice if thefollowing criteria are established.

The nurse(defendant)owed a duty to theclient(plaintiff)

Nurse did not carry out the duty.

Client was injured

Nurses failure to carry out the duty caused the injury.


15/16

1 NT , 17 July 2007 , vol 103 no 29,pg 26-27 .2 NT , 24 July 2007 , vol 103, no 30 ,pg 24-25. 3 NT , 31 July 2007 , vol 103, no 31 ,pg 26-27.

References

JOURNALS


16/16

1. CINAHL

2. Medline

3. WebSPIRS Includes Business,Health, Science, Human Resources,

Databases Searched

Laws in Nursing

Documents