Legal Aspects in Nursing is the essential , important to all the nurses working in hospital to safe guard nurse and patient.

1. LEGAL
ASPECTS IN
NURSING
.
Legal Aspects in Nursing
Mr.Veerabhadra .B B
Asst Professor
Medical Surgical Nsg Dept.

2. INTRODUCTION:
Knowledge of legal aspects in nursing
is absolutely essential for each nurse
*To safeguard self
*To safeguard clients from legal complications.
A nurse should know her legal rights
and professional boundaries, and
their consequences of nonconformity.

3. Members of public may become victim of
violence unintentionally even by the gentle
hands of nurse or by the tender touch of a
surgeon or a physician.
As a nurse it has become an important
necessity to be aware of the legal aspects
associated with caring and helping
people in the health industry today.

4. LEGAL IMPLICATIONS ARE AS FOLLOWS:
1. Torts.
2. Assault.
3. Battery.
4. Negligence.
5. Malpractice
6. Fraud
7. False imprisonment
8. Invasion of privacy
9. Legal documents
10. Informed consent

5. .
 Torts: torts are when others
interfere in individuals‘ privacy,
mobility, property or personal interests.
 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.

6. Battery.
Assault.

7. Battery: It is an intentional touching of
another‘s body without the other‘s consent.
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.

8. . Malpractice:
failure to meet the standards of
acceptable care which results in harm to
another person,
Fraud:
it results from a deliberate deception
intended to produce unlawful gains.

9.  Invasion of privacy:
It includes violating
confidentiality intruding on
private client or family matters,
and sharing client information with
unauthorized persons.


10. 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.

11. .
Legal documents: it comprised:
 a) Advance directive: written document
recognized by law that provides directions
concerning the provision of care when a person is
unable to make his or her own treatment choices.
 b) Do not resuscitate orders: written order by a
physician when a client has indicated a desire to be
allowed to die if the client stops breathing or the
client‘s heart stops beating.
 C) Informed consent: it is clients‘ approval to have
his or her body touched by a specific individual.

12. .
 NURSING LIABILITIES AND PREVENT
MEASURES:
In order to protect nurse from malpractice
suits, nurses must take as many precautions as
they can during their daily shifts. Recording,
documenting and reporting your daily routines and
decisions .
 All nursing observations should be noted
carefully, describing accurately not only any
typical or erratic changes in the patient‘s
conditions, but also any lack of co-operation, or
any other behavioral problems.

13. Patients complains should be
*recorded as accurately
* specifically as time and space on
the chart would permit some
complaints often provide a clue to the
cause of an accident that might
otherwise would have been difficult to
explain.

14. .
 Nurse must report through proper channels, any
activity or lack of it, by any subordinates which
indicates that they are not properly trained to carry
out the assigned functions and duties.
 Authorities must be informed regarding any kind
of equipment, materials or supplies, which for any
reasons less than safe for use in the patient‘s
care. An alert nurse will always be aware of the fact
that accidents can and will inevitably occur.

15. LEGAL RESPONSIBILITY:
 There are certain determinants of legal framework
for nursing practice in India: -
 1. Registration:
Licensing is a mandatory procedure for
practice of nursing. Registration aims at protecting
patients by providing qualified nurses. The nurse is
responsible to obtain registration in the respective
State Nursing Registration Council.

16. .
 2. Legal Liability/Act Of Negligence:
License of a nurse can be suspended or
cancelled for any act of negligence or mal
practice, following a specified procedure.
Under section 304 of Indian penal code (IPC)
E.g. wrong medication leading to death .
Tort in civil court (Negligence e.g. not giving railing
bed to conscious patient causing fall )
 3. Medico – Legal case (M.L.C.):
A medical legal case is a patient who is admitted
to the hospital with some unnatural pathology and
has to be taken care of in concurrence with the
police and/or court.

17. .
 4. Correct identity:
 A nurse/midwife is responsible to make sure that all babies
born in hospital are correctly labeled at birth and handed
over to right parent.
 Unknown/unconscious patients must be labeled as soon as
their identity as known.
 Patients who have to undergo surgery should be
appropriately identified and labeled
 Site of operation to be correctly marked particularly where
symmetrical sides or organs there.
 Operation theatre (O.T.): scrub nurse has to see all the
instruments/ swabs are returned. She has to say ‗OKAY‘
before closure by the surgeon.

18. .
 5. Left Against Medical Advice (L.A.M.A.):
Inform medical officer in charge. Signatures of
both patients and witness to be taken as per
institutional policy.
 6. Patient’s Property:
Inform patient on admission that hospital does
not take responsibility of his belonging. If patient is
unconscious/ or otherwise required then a list of
items must be made, counter checked by two
staff nurses and kept under safe custody.

19. .
7. Dying Declaration:
Nurse should not involve themselves in dying
declaration, in case where police records the dying
declaration. Dying declaration is to be confirmed and
recorded by the physician or registred medical
officer.
8.Poison case:
 Do not give either verbal or written opinion.
 Do not allow to take photos unless special
permission is granted by appropriate authority.
 Do not give any information to public or press.
 Preserve all evidence of poisoning.
 Collect and preserve all excreta, vomits and aspirates,
seal them immediately and send to forensic laboratory
at the earliest.

20. .
 9.Artificial human insemination:
 Written consent should be obtained from both
donor and recipient.
 Donor and recipient must have the same blood
group.
 Donor‘s and recipient‘s identity should be kept
confidential.
 All related documents should be kept confidential
and safe

21. .
10.Consumer Protection Act(1986):
Consumer protection act was passed by parliament in 1986
to provide for better protection of the interest of consumers
and focuses on consumer justice through the
establishment of consumers councils and authorities for
the settlement of consumers disputes and matters
connected therewith. The scope of the Act is wide enough
to include a vast variety of services. Rights of a consumer/
patient are:-
 Right to safety.
 Right be informed.
 Right to choose.
 Right to be heard.
 Right to seek redresses.
 Right of consumer education.

22. .
Nurses role to prevent complications:
1. Review nursing practice periodically. Update
knowledge and improve skill by attending short
term courses, in-service education and continuing
education programmes.
2. Should have complete knowledge of all rules and
regulations of hospital and know their descriptions
(duties and responsibilities).
3. Follow nursing practice standards/protocols.
4. Be a keen observer.
5. Written instructions must have rules and code of
practice laid down to ensure the safety and well being of
patients and nurses.

23. .
 6. All hospitals must have rules a code of practice
laid down ensure the safety and well being of
patients and nurses.
 7. Maintain records and reports of the unit properly.
 8. Check the treatment order and use professional
judgment before implementing.
 9. Do not exceed the limits of nursing procedure
laid down by statutory bodies.

24.  10. Respect the rights of the patients

25. 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. ―Every individual is
ordinarily liable for their own negligence.‖ Therefore
nurse have a responsibility of seeing that no harm
comes to their patients and also to themselves.

26. .
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