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Legal Aspects of Nursing: Haney Pearl G. Tamula BSN - 2
Legal Aspects of Nursing: Haney Pearl G. Tamula BSN - 2
Tamula BSN -2
Importance of Law to the Nurse l Nurses have more responsibility l Increased numbers of Advanced Practice Nurses l Law is there to assist in the decision-making process involved in nursing practice l Law is there for the protection of nursing practice l Law is there for the identification of the risk of liability Effects of Law on Nursing Practice l Legal Basis for Nursing Practice--Licensure l 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 l Guidelines for Care (Continued) Confidentiality--Invasion of Privacy Documentation Incident Reports l Role of Nurse as Witness Witness in Criminal Cases Expert Witness l Negligence & Malpractice l Criminal Activity Assault Battery Diversion of Narcotics Contemporary Legislative Issues l Prescriptive Authority l Delegation to Unlicensed Personnel l Unsafe Staffing in the Workplace Contemporary Roles for Nurses Definition of Law l Comes from the word which means that which is laid down or fixed l Law is a rule or standard of human conduct established & enforced by authority, society, or custom l Law is established for the welfare of society l Law is not stagnant--changes when societys directs a change l Law is established for the welfare of society l Law is not stagnant--changes when societys directs a change Constitutional Law l Set of basic laws that defines & limits the powers of government l Nurse maintains rights as an individual l Constitutional Rights, Civil Rights, State Constitution Administrative Law
Developed by groups who are appointed to governmental administrative agencies l Food, Drug & Cosmetic Act; Social Security Act; Nurse Practice Act Criminal Law l Acts or offences against the welfare or safety of the public l Controlled Substance Act; Criminal Codes l (See Page 230) The second type of law is Civil Law which deals with crimes against a person or persons in such legal matters as: l Contracts l Torts l Protective Reporting Law The second type of law is Civil Law which deals with crimes against a person or persons in such legal matters as: l Contracts l Torts l Protective Reporting Law Contract Law is the enforcement of agreements among private individuals Elements of: l Promise l Mutual Understanding l 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: l Negligence & Malpractice l Assault & Battery l False Imprisonment l Restraints or Seclusion l Invasion of Privacy l Defamation Fraud Negligence & Malpractice
Terms l Liability is an obligation one has incurred or might incur thru any act or failure to act l 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 l Negligence(breach of duty) is the failure of an individual to provide care that a reasonable person would ordinarily use in a similar circumstance l Defendant is the person being sued l Plaintiff is the party who initiates the lawsuit that seeks damages Proof of Liability depends on: l Duty l Breach of duty l Injury l Causation Proof of Liability depends on: l Duty l Breach of duty l Injury l Causation Protective/Reporting Laws are sometimes considered criminal laws based on state classification Examples include: l Americans with Disabilities Act l Good Samaritan Act Nurse Practice Act Standards of Care Provider of Service (p.234) l Ensure that client receives competent, safe, & holistic care l Render care by standards of reasonable, prudent person l Supervise/evaluate that which has been delegated Provider of Service (continued) l Documentation of care l Maintain clinical competency