7/27/2019 Laws in Nursing
1/16
What every nurse should know
7/27/2019 Laws in Nursing
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
7/27/2019 Laws in Nursing
3/16
Sources of Law
Statutory law
Constitutional law Enacted law Regulatory law
Common law Common usage Case law
7/27/2019 Laws in Nursing
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
7/27/2019 Laws in Nursing
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
7/27/2019 Laws in Nursing
6/16
Examples of Tort Law include:
Negligence & Malpractice
Assault & Battery
False Imprisonment
Restraints or Seclusion
Invasion of Privacy
Defamation
Fraud
7/27/2019 Laws in Nursing
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.
7/27/2019 Laws in Nursing
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
7/27/2019 Laws in Nursing
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.
7/27/2019 Laws in Nursing
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.
7/27/2019 Laws in Nursing
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.
7/27/2019 Laws in Nursing
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.
7/27/2019 Laws in Nursing
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;
7/27/2019 Laws in Nursing
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.
7/27/2019 Laws in Nursing
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
7/27/2019 Laws in Nursing
16/16
1. CINAHL
2. Medline
3. WebSPIRS Includes Business,Health, Science, Human Resources,
Databases Searched