Legal Aspects of Nursing
Presented By
Christine Hicks
Topics
IntroductionGeneral Legal ConceptsLegal Basis for NursingLegal Role of the NurseEthical IssuesEthical Responsibilities
Introduction
Importance of Law to the Nurse Nurses have more responsibility
Increased numbers of Advanced Practice Nurses
Law is there to assist in the decision-making process involved in nursing practice
Law is there for the protection of nursing practice
Law is there for the identification of the risk of liability
Effects of Law on Nursing Practice Legal Basis for Nursing Practice--Licensure Guidelines for Care
• Who is the Client--Age of Consent
• Emergency--Good Samaritan Act
• Abused Clients--Criminal Laws
• Use of Restraints
• Dying Patient’s wishes--Advanced Directives
Guidelines for Care (Continued)• Confidentiality--Invasion of Privacy
• Documentation
• Incident Reports
Role of Nurse as Witness• Witness in Criminal Cases
• Expert Witness
Negligence & Malpractice
Criminal Activity• Assault
• Battery
• Diversion of Narcotics
Contemporary Legislative Issues Prescriptive Authority Delegation to Unlicensed Personnel Unsafe Staffing in the Workplace
Contemporary Roles for Nurses
General Legal Aspects
Definition of Law Comes from the word which means “that which
is laid down or fixed”
Law is a rule or standard of human conduct established & enforced by authority, society, or custom
Law is established for the welfare of society
Law is not stagnant--changes when society’s directs a change
Public LawOne type of law is Public Law which deals
with an individual’s relationship to the state
Sources include Constitutional, Administrative & Criminal
These Sources occur on both the Federal & State level
Constitutional Law Set of basic laws that defines & limits the
powers of government
Nurse maintains rights as an individual
Constitutional Rights, Civil Rights, State Constitution
Administrative Law Developed by groups who are appointed to
governmental administrative agencies
Food, Drug & Cosmetic Act; Social Security Act; Nurse Practice Act
Criminal Law Acts or offences against the welfare or safety of
the public
Controlled Substance Act; Criminal Codes
(See Page 230)
Civil Law
The second type of law is Civil Law which deals with crimes against a person or persons in such legal matters as: Contracts Torts Protective Reporting Law
Contract Law is the enforcement of agreements among private individuals
Elements of: Promise Mutual Understanding Compensation
Employment Contracts is an example of contract law under civil law
Tort Law is the enforcement of duties & rights among independent of contractual agreements. It is a civil wrong committed on a person or property stemming from either a direct invasion of some legal right of the person, infraction of some public duty, or the violation of some private obligation by which damages accrue to the person.
Examples of Tort Law include: Negligence & Malpractice Assault & Battery False Imprisonment Restraints or Seclusion Invasion of Privacy Defamation Fraud
Negligence & Malpractice
Terms Liability is an obligation one has incurred or
might incur thru any act or failure to act
Malpractice refers to the behavior of a professional person’s wrongful conduct, improper discharge of professional duties, or failure to meet the standards of acceptable care which result in harm to another person
Terms Negligence(breach of duty) is the failure of an
individual to provide care that a reasonable person would ordinarily use in a similar circumstance
Defendant is the person being sued Plaintiff is the party who initiates the lawsuit
that seeks damages
Proof of Liability depends on: Duty Breach of duty Injury Causation
Assault & Battery Assault is the intentional & unlawful offer to
touch a person in an offensive , insulting or physically intimidating manner
Battery is the touching of another person without the person’s consent
Protective/Reporting Laws are sometimes considered criminal laws based on state classification
Examples include: Americans with Disabilities Act Good Samaritan Act
Legal Basis for Nursing
Nurse Practice Act
Standards of Care
Legal Role of the Nurse
Provider of Service (p.234) Ensure that client receives competent, safe, &
holistic care Render care by “standards of reasonable,
prudent person” Supervise/evaluate that which has been
delegated
Provider of Service (continued) Documentation of care
Maintain clinical competency