Legal System: Type of law, Torts and Liabilities


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Legal System: Type of law, Torts and Liabilities in Nursing

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Legal System: Type of law, Torts and Liabilities

  2. 2. Legal System: Type of law, Torts and Liabilities • Legal - Established by or founded upon law or official or accepted rules • Law means a body of rules to guide human action • A knowledge of legal aspects in nursing is absolutely essential for each nurse to safeguard self and clients from legal complications.
  3. 3. Laws are • “rules of conduct, established and enforced by authority, which prohibit extremes in behaviour so that one can live without fear for oneself or one’s property”. - By Sullivan and Decker, 2001
  4. 4. Types of law • Common law – Created by judicial decisions made in courts when individual cases are decided
  5. 5. • Protects the rights of individual persons within our society and encourage fair and equitable treatment among people
  6. 6. • Prevent harm to society and provides punishment for crimes
  7. 7. TORTS
  8. 8. TORTS • Torts a civil wrong made against a person or property • A tort can be any of the following : – The denial of a person’s legal right – The failure to comply with a public duty – The failure to perform a private duty that results in harm to another.
  9. 9. Categories of torts • Unintentional Torts • Intentional Torts.
  10. 10. Intentional Torts • any intentional acts that are reasonably foreseeable to cause harm to an individual, and that do so. Assault Battery Invasion of privacy false imprisonment intentional infliction of emotional distress fraud.
  11. 11. Assault: • Assault occurs when a person puts another person in fear of a harmful or offensive contact. • The victim fears and believes that harm will result as a result of the threat.
  12. 12. Battery: it is an intentional touching of another’s body without the other’s consent.
  13. 13. Fraud: • it results from a deliberate deception intended to produce unlawful gains.
  14. 14. False imprisonment: • it occurs when a client is not allowed to leave a health care facility when there is no legal justification to detain the client or when restraining devices are used without an appropriate clinical need.
  15. 15. Invasion of privacy: • it includes violating confidentiality intruding on private client or family matters, and sharing client information with unauthorized persons .
  16. 16. Unintentional Torts • Malpractice • Negligence
  17. 17. Negligence: • It is conduct that falls below the standard of care that a reasonable person ordinarily would use in a similar circumstances or it is described as lack of proper care and attention carelessness.
  18. 18. Malpractice:  failure to meet the standards of acceptable care which results in harm to another person,
  19. 19. Types of Nursing Malpractice • Medication errors • Failure to follow a physician‘s orders • Delaying patient care and/or failure to monitor a patient • Incorrectly performing a procedure, or trying to perform a procedure without training • Documentation error • Failure to get informed patient consent
  20. 20. DO’S AND DON’TS FOR SAFE PRACTICE: 1. Do document all unusual incidences 2. Do report all unusual incidences 3. Do follow policies and procedures as established by your employing agency. 4. Do perform procedures that you have been thought and that are within the standard scope of your practice 5. Do not work as a nurse in state in which you are not licensed 6. Do protect the patient from injury 7. Do not advice that is contrary to the doctor‘s order or nursing care plan
  22. 22. ROLE AND FUNCTIONS OF NURSE MANAGER IN LEGAL ISSUES. • Serves as a role model by providing nursing care that meets or exceeds accepted standards of care. • Reports substandard nursing care to appropriate authorities • Fosters nurse-patient relationships that are respectful, caring and honest thus reducing the possibility of future lawsuits • Joint and actively supports professional organizations to strengthen the lobbying efforts of nurses in health care legislation
  23. 23. ROLE AND FUNCTIONS OF NURSE MANAGER IN LEGAL ISSUES. • Practices nursing within the area of individual competence • Prioritizes patients right and welfare first in decision making • Delegates to subordinates wisely , looking at the managers scope of practice and that of those they supervise. • Increases staff awareness of intentional torts and assist them in developing strategies to reduce their liability in these areas • Provides educational and training opportunities for staff on legal issues affecting nursing practice.
  24. 24. Summary • Legal System: Type of law, Torts and Liabilities
  25. 25. Research Article • Title: Legal Awareness and Responsibilities of Nursing Staff in Administration of Patient Care in A Trust Hospital • Journal: Journal of Clinical and Diagnostic Research, 2013. • Authors: Hemant Kumar, Gokhale, Kalpana Jain, & D.R. Mathur
  26. 26. Introduction: • The enactment of various legal provisions like Consumer Protection Act, Right to Information Act and standardization of procedures and practices have brought nursing care under legal ambit. • Needless to say, the level of legal awareness amidst nursing staff in India is abysmally low. • Present study was undertaken to assess the level of legal awareness and responsibilities of nursing staff in administration of patient care at a trust hospital.
  27. 27. Methods: • The present study was carried out at the Healthcare Management Institute (HMI), KEM Hospital, Pune, in 2010 – 2011. • An open ended questionnaire was prepared to assess the level of legal awareness among the nursing staff. • The GNM and ANM (443 - ANM - 139, GNM – 304) nursing staff deployed at the nursing home and general wards only were randomly screened and specialty nurses were exempted.
  28. 28. Results: • The knowledge on various legal provisions, as was applicable to nursing, across all categories of nurses which were under review, was found to be poor. • The nursing staff had poor knowledge on patients’ rights and also on their legal obligations towards patients. • The GNM nurses fared better than ANM nurses. • However, 46.67 % of nurses were found to be aware about cases of omission or commission.
  29. 29. • The present study has substantiated the fact, that nurses need to know the laws that govern their profession, and that in the times to come, it will be increasingly difficult to avoid filing lawsuits against them.
  30. 30. CONCLUSION • Every nurse should act as per the legal guidelines for nursing practice while caring for patients since negligence may cause a great distress to nurse, the patient and others, as well as to reputation of the institution.
  31. 31. THANK YOU….