Topics

      Introduction General Legal Concepts Legal Basis for Nursing Legal Role of the Nurse Ethical Issues Ethical Responsibilities

Definition of Law
Law is the sum total of rules and regulations by which the society is governed. The law exists to regulate all persons.

Functions of the Law in Nursing

 It tells us about which nursing actions in the care of clients are legal  It distinguishes the responsibilities of the nurse from those of other healthcare providers  It helps establish the boundaries of independent nursing action  It assists in maintaining a standard of nursing practice by making nurses accountable to their actions

Selected Legal Aspects of Nursing Practice

 Nurses need to know and apply legal aspects in their various roles. As client advocates, nurses should ensure the clients right to informed consent; identify and report violent behaviour and neglect of vulnerable clients. Also nurses are required to report a nurse who is an chemically impaired, and should be aware of issues related to delegation.

Informed Consent
 Informed consent is an agreement by a client to accept a course of treatment or a procedure after being fully informed of it.  Consents are either express or implied

What are the Major Elements and Exceptions of Informed Consent?

 The consent must be voluntary  The consent must be given by a client who is capable and competent to understand. This means that certain population groups cannot provide consent such as children, whose appointed guardians must give consent before minors are treated. A second group is persons who are unconscious or severely injured. A third group is persons who are mentally ill.  The client must be given enough information to be the ultimate decision maker.

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 Patients 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

The Nurses Role in Obtaining A Clients Informed Consent

 The nurse is not responsible for explaining the medical or surgical procedure but for witnessing the clients signature on the consent form. The nurses signature means:


 

The client gave voluntary consent after receiving enough information The clients signature is authentic The client appears competent to give consent

 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 societys directs a change

Public Law
 One type of law is Public Law which deals with an individuals 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 persons 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 persons 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  Ensure that client receives competent, safe, & holistic care


Render care by standards of reasonable, prudent person Supervise/evaluate that which has been delegated