Background of Study

Nurses and midwives play a vital role in the healthcare system, providing care to patients across the
lifespan. They are responsible for a wide range of tasks, including assessing patient needs,
administering medications, developing and implementing care plans, and educating patients and their
families.

Patient safety is paramount in nursing and midwifery practice. Nurses and midwives have a legal and
ethical duty to provide care that meets the accepted standard of practice. Negligence occurs when a
nurse or midwife fails to meet this standard of care and as a result, the patient suffers harm.

There are a number of legal frameworks that govern nursing and midwifery practice and patient
safety. These frameworks vary from country to country, but they typically include the following:

Legislation: This is the primary form of legal regulation for nursing and midwifery practice. It sets out
the scope of practice for nurses and midwives, as well as their rights and responsibilities. For example,
in the United Kingdom, the Nursing and Midwifery Council (NMC) is responsible for regulating the
practice of nurses and midwives. The NMC has published a Code of Conduct that sets out the
standards of practice that nurses and midwives must meet.
Regulation by professional bodies: Professional bodies, such as nursing and midwifery councils, play
an important role in regulating the practice of nurses and midwives. They set standards of practice
and conduct, and they have the power to discipline nurses and midwives who fail to meet these
standards. For example, the NMC can investigate complaints against nurses and midwives, and it can
take disciplinary action against them, including suspending or revoking their registration.
Case law: Case law is the body of law that is developed through court decisions. It can provide
valuable guidance on what constitutes negligence in nursing and midwifery practice. For example, in
the case of Bolitho v City and Hackney Health Authority [1998] 2 All ER 174, the English Court of
Appeal held that a nurse owed a duty of care to a patient who was injured when she fell out of bed
while under the nurse's care. The Court also held that the nurse had breached her duty of care by
failing to check on the patient more frequently.
References

Nursing and Midwifery Council. (2018). Code of conduct for nurses and midwives. [Online]. Available
at: https://www.nmc.org.uk/code
Bolitho v City and Hackney Health Authority [1998] 2 All ER 174

Exploring the Legal Frameworks on Nursing and Midwifery Practice on Patient with regards to Safety
and Negligence

This study aims to explore the legal frameworks that govern nursing and midwifery practice and
patient safety in the following areas:

Duty of care: This refers to the legal obligation of nurses and midwives to provide care to their
patients that meets the accepted standard of practice.
Breach of duty: This occurs when a nurse or midwife fails to meet the accepted standard of care.
Causation: This refers to the link between the nurse or midwife's breach of duty and the patient's
harm.
Damages: This refers to the compensation that a patient may be awarded if they are successful in a
negligence claim.
The study will also examine the following topics:

The role of professional bodies in regulating nursing and midwifery practice and patient safety
The use of case law to inform nursing and midwifery practice
The challenges faced by nurses and midwives in meeting their legal obligations
Significance of the Study
This study is significant because it will provide a comprehensive overview of the legal frameworks that
govern nursing and midwifery practice and patient safety. This information will be valuable to nurses,
midwives, healthcare organizations, and regulators.

The study will also identify the challenges faced by nurses and midwives in meeting their legal
obligations. This information can be used to develop strategies to support nurses and midwives in
providing safe and high-quality care to their patients.