Legal Aspects of Nursing

Legal Aspects of Nursing Presented By Christine Hicks Topics       Introduction General Legal Concepts Legal Basis for Nursing Legal Role of the Nurse Ethical Issues Ethical 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 Law  One 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