legal aspects

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