1. LEGAL AND ETHICAL ISSUES IN NURSING
LEGAL STANDARDS
Some things are right or wrong by laws
NURSING ETHICS
A standard for professional behavior
A guide to identify our conduct in relation to
NURSING ETHICS
A standard for professional behavior
A guide to identify our conduct in relation to
PATIENTS
FELLOW NURSES
HEALTH CARE TEAM
OUR COMMUNITY
OUR PROFESSION
STANDARDS
current license
know scope of practice
commit to fulfill legal responsibility
accountability
meet ethical / moral obligations of practice of nursing
PRACTICE
acceptance of assignments
know limitations and function accordingly
work for good of the patient
(patient advocacy)
work within the framework of the nursing
process
CONTINUING EDUCATION
to maintain highest professional competence
toward career goals
legal requirements
opportunities

2. Public Law:
Constitutional Law—defines/limits powers of governments
Statutory Law—enacted by legislative bodies,state boards and professional
practice acts
Administrative Law—appointed to agencies entrusted to enforce
statutory laws
NURSING LIABILITY:
Physician’s orders—nursing responsibility
Floating Assignments—limitations/scope of practice
Inadequate Staffing---notify administration/do not leave unit
Critical Care—assessment skills
Pediatric Care---child abuse, safe dose ranges, legal custody
Classifications
Criminal Law—-felonies / misdemeanors
Civil Law—-relationships
written—-contracts
acts—-”Tort” laws
Tort—a wrongful act or failure to act that causes
injury to person or property
Intentional torts:
Assault and Battery
Defamation---libel/slander
False Imprisonment—restraints
Leaving against Medical Advice (AMA)
Invasion of Privacy---confidentiality
Unintentional torts: Negligence and Malpractice
Negligence is a tort—-a failure to provide degree of care
an ordinarily prudent person would to prevent injury
Most malpractice is some form of negligence.
Types of negligence
Contributory negligence
Comparative negligence