LEGAL ASPECTS IN NURSING

TOPIC ASSIGNED BY
MAM SURRAIYA
PRESENTED BY
HINA ASLAM
BAKHTAWAR
SHIZA SHAFAQAT
KISHWAR BATOOL
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Objectives
1. Differentiate the three general sources of law.
2. What are classifications of laws?
3. What is liability?what are types of it.
4. What are legals issues common in nursing?
5. How to Prevent malpractice claims?
6. What are elements of legal action?
 Legal Aspects Of Nursing

• The legal aspects of nursing have an impact on

the manner in which care is delivered to
patients by nurses. Legal concerns shape the
environment in which nursing is practiced and
determine how documents are kept or shared.
Ultimately, nurses and the nursing care they
provide are judged based on a legal definition
for the standard of care for nurses. 5
• Written “standards of care” and “guidelines”
are available as resources for determining how
nursing care is to be delivered and the quality
of care. However, the legal definition of the
standard of care for nurses is not a “guideline”
or a “policy” set by any one individual or
institution. Rather, it is the embodiment of
collective knowledge for what is required of
the average nurse and sets the minimum
criteria for proficiency.
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 Sources of law

1.Statutory law
2.Constitutional Law
3.Administrative Law
4.Common Law

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 The law is a system of rules that a
society or government develops in
order to deal with crime, business
agreements, and social relationships
.

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 1.Statutory Law

Laws created by elected legistlative bodies

such as state legislatures and the U.S.Congress

(The Nurse practice acts is an example)

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 2.Constitutional Law

Constitutional law is a
body of
law which defines the role,
powers, and structure of
different entities within a
state, namely, the executive,
the parliament or legislature,
and the judiciary; as well as
the basic rights of citizens.
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 3.Administrative Law/Regulatory Law

When a state legislature passes a statute, an

administrative agency is given authority to
create rules & regulations to enforce the
statutory laws.

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 Example of Administrative Law

State Boards Of Nursing writes Rules And

Regulations To enforce & Implement Nurse
practice Act, Which Was Created by
Statutory
Law.

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 4.Common law
Laws evolving from
court decisions are
referred to as common
law.
Law developed by
judges through
decision of courts and
similar tribunals. 13
 Example Of Common Law

Courts are empowered through the

concept of common law to examine the
common usage and custom in a
community for patterns that reflect the
community’s standards for behavior.
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 Classification Of LAW

CIVIL LAW

CRIMINAL LAW

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 Criminal Law
A violation of criminal law is called a crime,
and it is prosecuted by the government. On c
onviction, a crime may be punishable by im
prisonment, parole conditions, a loss of privi
lege ,license cancelled and fine.

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 CRIMINAL LAW IS CLASSIFIED AS

1.Misdemeanor

A misdemeanor is a lesser infraction of th

e law and is punishable by a fine or an
imprisonment of less than a year.

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 2.Felony

A felony represents a more serious violati

on of the law and carries heavier fines an
d longer periods of imprisonment, and, in
the most serious of cases, perhaps even d
eath .

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 Civil Law

Civil law regulates conduct between pri

vate individuals or businesses and is enf
orced through the courts as damages or
monetary compensation (Guido, 2009).

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Private individuals or groups may bring a legal a
ction (a lawsuit) to court for breach (or breaking)
of civil law. The judgment of the court results in
a plan to correct the wrong and may award a mo
netary payment to the wronged party. Nurses ma
y find themselves involved with both civil and cr
iminal laws, either separately or within the same
situation
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Civil law relates to legal disputes between priva
te parties. Malpractice actions brought in health
care situations involve civil law.
1.Torts

2.Negligence

3.Malpractice
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 Torts

“A tort is a civil wrong committed agains

t a person or the person’s property”
(Guido, 2009, p. 92). The result may be
physical harm, psychological harm, har
m to livelihood, or some other less tangi
ble value, such as harm to reputation. Th
e action that causes a civil wrong may be
either intentional or unintentional.

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 Negligence

Negligence is a general term

that refers to “conduct
lacking in due care”
(Guido, 2009, p. 92). If harm
is caused by negligence, it is
termed an unintentional tort
and damages may be
recovered
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 FOUR MAIN CHARACTERISTICS OF
NEGLIGENCE
1. Harm: Harm must have occurred to an individual. Inj
ury (which is the basis of harm) and damages (which i
nclude the consequences to the person of the injury) ar
e considered separate characteristics by some.
2. Duty: The negligent person must have been in a situa
tion where he or she had a responsibility or duty towar
d the person harmed.
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3. Breach of Duty: The person must be found to have fa
iled to fulfill his or her responsibility. This might includ
e either doing what should not have been done (commis
sion of an inappropriate action) or failing to do what sho
uld have been done (omission of a necessary or appropri
ate action). This is also referred to as failing to act as a r
easonably prudent person.
4. Causation: The harm or injury must be shown to hav
e been caused by the breach of duty
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 Malpractice

Malpractice is a term used to identify

professional negligence—liability resulting from
improper practice based on standards of care
required by the profession for which the person h
as been educated (Guido, 2009)

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 LIABILITY

A liability is an obligation or debt that can be

enforced by law. A person found guilty of any
tort (whether intentional or unintentional) is
considered legally liable, or legally responsible,
for the outcome.

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 TYPES OF LIABILITY

1.PERSONAL LIABILITY

2.EMPLOYER LIABILITY

3.SUPERVISORY LIABILITY
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 1.Personal Liability

As an educated professional, you are always legally

responsible or liable for your actions. Thus, if a
physician or supervisor asks you to do something that
is contrary to your best professional judgment and sa
ys, “I’ll take responsibility,” that person is acting
unwisely. The physician or supervisor giving the
directions may be liable also if harm results, but that
would not remove your personal liability
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 2.Employer liability
In many instances, an employer can be held responsible for
torts committed by an employee. This is called the doctrine of
respondeat superior (Latin for “let the master respond”). The
law holds the employer responsible for hiring qualified
persons, establishing an appropriate environment for correct
functioning, maintaining correct policies and procedures, and
providing supervision or direction as needed to avoid errors
or harm. Therefore, if a nurse, as an employee of a hospital, is
guilty of malpractice, the hospital also may be named in the
suit.
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 3.Supervisory liability
In the role of a clinical leader, charge nurse, unit
manager, supervisor, or any other role that involves
delegation, supervision, or direction of other people,
the nurse is potentially liable for the actions of others.
The supervising nurse is responsible for exercising
good judgment in a supervisory role, including making
appropriate decisions about assignments and
delegation of tasks.
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 LEGAL ISSUES COMMON IN NURSING
1.Duty to Report or Seek Medical Care for a
Patient

2.Nursing Responsibility for Medical Orders

3.Confidentiality and Right to Privacy

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4.Defamation of Character

5. Privileged Communication

6.Informed Consent

7. Advance Directives

8.Emergency Care

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9. Fraud

10. Assault and Battery

11. False Imprisonment

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 1.Duty to Report or Seek Medical Care for a
Patient

A nurse who cares for a patient has a legal duty to

ensure that the patient receives safe and competent care.
This duty requires that the nurse maintain an
appropriate standard of care.

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 2.Nursing Responsibility for Medical Orders

The nurse has a responsibility to critically exami

ne medical orders that are written for a patient. A
lthough the nurse is not responsible for the medic
al order itself, the nurse’s education provides a b
ackground to identify obvious discrepancies or p
roblems.
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3.Confidentiality and Right to Privacy

Confidentiality and the right to privacy with

respect to one’s personal life are basic concern
s in our society. All information regarding a
patient belongs to that patient.

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 4.Defamation of Character

Any time that shared information is detrimental

to a person’s reputation, the person sharing the
information may be liable for defamation of
character. Written defamation is called libel.
Oral defamation is called slander

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 5. Privileged Communication

Privileged communication refers to informati

on that is shared by an individual client with
certain professionals but that does not need to
be revealed, even in a court of law. This
professional is said to possess “privilege”
—that is, has the privilege of not revealing
information
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 ‘
6.Informed Consent

Every person has the right to either consent (a

gree) to or to refuse healthcare treatment. The l
aw requires that a person give voluntary and in
formed consent.

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 7. Advance Directives

Advance directives are legal documents statin

g the wishes of individuals regarding healthca
re in situations in which they are no longer ca
pable of giving personal informed consent. Th
ese documents are completed in advance of th
e situation in which they might be needed, and
they direct the actions of others
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 8.Emergency Care

Care in emergencies has many legal

repercussions; therefore, the judgment that an
emergency exists is important. Certain actions
may be legal in emergencies and not legal in
nonemergency situations. Such as
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 Consent in Emergencies

Standards of Practice and

Emergencies

Protocols and Emergencies

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 Fraud

Fraud is deliberate deception for the purpose o

f personal gain and is usually prosecuted as a c
rime. However, it may also serve as the basis
of a civil suit. Situations of fraud in nursing ar
e not common. One example would be trying t
o obtain a better position by giving incorrect i
nformation to a prospective employer
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 Assault and Battery

Assault is saying or doing

something to make a person
genuinely afraid that he or she will
be touched without consent.
Battery involves touching a person
when that individual has not
consented to the action. 48
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 False Imprisonment

Making a person stay in a place against

his wishes is false imprisonment.
The person may be forced to stay either by
physical or by verbal means.

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 Preventing Malpractice claims
1.Maintaining Excellent Standards of Care

2.Self-Awareness

3.Adapting Proposed Assignments

4.Effective Documentation
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1.Maintaining Excellent Standards of Care

The most significant thing you can do to

prevent malpractice claims is to maintain a
high standard of care. To do this,
work at improving your own nursing pract
ice and also the
general climate for nursing practice where
you work.
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 2.Self-Awareness

Identify your own strengths and weaknesses in

practice. When you identify a weakness, seek a me
ans of growth. This may include education, directe
d experience, or discussion with colleagues. Be rea
dy to acknowledge your limitations to supervisors,
and do not accept responsibilities for which you
are not prepared
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3.Adapting Proposed Assignments
Nurses may find themselves assigned to units
where they have little or no experience with t
he types of patient problems they will encount
er. It is reasonable to be assigned to assist an
overworked nurse in a special area if you can
assume duties that are within your own comp
etence and allow the specialized nurse to assu
me the specialized duties. 54
 4.Effective Documentation
Nurses’ records are unique in the healthcare setting.
They cover the entire period of hospitalization or lon
g-term care, 24 hours a day, in a sequential pattern. Y
our record can be the crucial factor in avoiding litigat
ion. Documentation in the record of observations ma
de, decisions reached, and actions taken and the eval
uation of the patient’s response are considered much
more solid evidence than verbal testimony, which de
pends on one’s memory
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 ELEMENTS OF LEGAL ACTION

1.Discovery

2.Settlement Out of Court

3.Trials
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 1.Discovery
In a civil lawsuit (one between parties for the recovery of d
amages), a lengthy discovery process commences. Discove
ry involves gathering information through documents (such
as previous medical records and results of mental and physi
cal examinations), interrogatories (written questions
answered under oath), and depositions (verbal questions
answered under oath and recorded by a
court reporter) (Brooke, 2006d). Testimony refers to an
individual’s verbal or written account of a situation. 58
 2.Settlement Out of Court

Often cases are settled before trial because of information

obtained during the discovery process. The person bringin
g suit may be persuaded that no malpractice occurred or t
hat it cannot be proved and may drop the suit. On the othe
r hand, the persons or institutions being sued (or their insu
rance companies) may determine that it is in their best int
erests to avoid a trial and agree to pay damages; often this
is done without admitting that malpractice occurred.
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 Trials

A trial is a legal proceeding that takes place in a courtroom a

nd is presided over by a judge. Some trials are settled before
the judge (or panel of judges) alone, and others also have a j
ury present. In most instances, a trial is a public hearing, and
anyone can attend and listen to the proceedings. The various
witnesses may appear in person or, when agreed to by both
sides, a deposition may be accepted in place of in-person
testimony. The judge has full authority over all that takes pla
ce in the courtroom.
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 Reference Book:

Nursing In Today’s World

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