This document discusses legal aspects in nursing. It defines key legal terms and describes different types of law including constitutional law, common law, and administrative law. It also covers different types of torts such as intentional torts, negligence, malpractice and professional standards nurses are held to like informed consent and documentation. The purpose of law in nursing is to protect patients, nurses and the public. Nurses have legal responsibilities as healthcare providers.
Nursing audit assists in:
1. Evaluating Nursing care given,
2. Achieving deserved and feasible quality of nursing care,
3. Stimulating better nursing records maintenance,
4. Focuses on patient care provided and not on care provider,
5. Contributes to research in nursing.
It is defined as the specification of roles and functions of the nature of job of each individual who has to deliver effectively in order to be retained in the institution.
Nursing audit assists in:
1. Evaluating Nursing care given,
2. Achieving deserved and feasible quality of nursing care,
3. Stimulating better nursing records maintenance,
4. Focuses on patient care provided and not on care provider,
5. Contributes to research in nursing.
It is defined as the specification of roles and functions of the nature of job of each individual who has to deliver effectively in order to be retained in the institution.
Chapter 6Introduction to LawLearning Objectives (1 of 2)JinElias52
Chapter 6
Introduction to Law
Learning Objectives (1 of 2)
Understand the meaning and objectives of tort law.
Describe the elements of negligence.
Explain how the commission and omission of an act differ.
Describe the importance of foreseeability in a negligence case.
Describe intentional torts and how they might occur in the healthcare setting.
2
Learning Objectives (2 of 2)
Describe the various crimes and give examples of how they might occur in the healthcare setting.
Explain the various elements of a contract.
Describe the pretrial and trial process.
Tort Law
A tort is a wrong, other than a breach of contract, committed against a person or property for which a court provides a remedy, generally in the form of monetary damages.
Objectives of Tort Law
Preservation of peace between individuals
Fault-finding for wrongdoing
Deterrence to wrongful acts
Indemnify injured person(s)
Negligence
Commission or omission of an act that a reasonably prudent person would or would not do under given circumstances.
Commission of an Act
Administering wrong medication
Administering wrong dosage of a medication
Administering medication to the wrong patient
Performing a procedure without patient consent
Performing procedure on wrong patient
Surgically removing the wrong body part
Failing to assess and reassess a patient’s nutritional needs
Omission of an Act
Failure to administer medication(s)
Failure to order required diagnostic tests
Failure to follow up on abnormal test results
Failure to perform “time-out” prior to the start of surgery to ensure the correct procedure is being conducted on the correct patient at the correct site
Malpractice
Negligence of a professional person:
Surgeon who conducts surgery on the wrong body part.
Nurse who administers wrong medication, injuring patient.
Pharmacist who mislabels a medication and the patient is harmed.
Forms of Negligence
Malfeasance
Misfeasance
Nonfeasance
Malfeasance
Execution of an unlawful or improper act.
Performing a partial birth abortion when prohibited by law.
Performing a procedure without having the appropriate credentials.
Misfeasance
Improper performance of an act.
Wrong-sided surgery.
Leaving an instrument in the patient’s body.
Nonfeasance
Failure to act when there is a duty to act.
Failure to prescribe antibiotics when indicated.
Failure to respond to emergency call.
Four Elements of Negligence
Duty to care
Breach of duty
Injury
Causation
Duty to Care
Legal obligation of care imposed on one to safeguard rights of others.
Duty created by statute:
Defendant must have been within specified class of persons outlined in the statute.
Plaintiff must have been injured in a way statute was designed to prevent.
Plaintiff must show that injury would not have occurred if the statute had not been violated.
Standard of Care
Actual performance of an individual in a given situation will be measured against what a reasonably prudent person would or would ...
Chapter 3
Tort Law−Negligence
Learning Objectives
Describe what a tort is and the objectives of tort law.
Define negligence and explain the distinction between negligence and malpractice.
Explain how the commission and omission of an act differ.
Explain the elements necessary to prove a negligence case.
Describe the importance of foreseeability in a negligence case.
Tort Law
Definition
A tort is a civil wrong, other than a breach of contract, committed against a person or property (real or personal) for which a court provides a remedy in the form of an action for damages.
What are the objectives of tort law?
Objectives of Tort Law
Preservation: Of peace between individuals
Culpability: Find fault for wrongdoing
Deterrence: To discourage the wrongdoer (tort-feasor) from committing future wrongful acts
Compensation: To indemnify injured person(s)
What are the three basic categories of tort law?
Negligence
Negligence is a tort.
It is the “unintentional” commission or omission of an act that a reasonably prudent person would or would not do under given circumstances.
What is commission of an act?
Commission of an Act
Administering the wrong medication
Administering the wrong dosage of a medication
Administering medication to the wrong patient
Performing a surgical procedure without patient consent
Performing a surgical procedure on the wrong patient or body part
Performing the wrong surgical procedure
What is omission of an act?
Omission of an Act
Failing to conduct a thorough history and physical examination
Failing to assess and reassess a patient’s nutritional needs
Failing to administer medications
Failing to order diagnostic tests
Failing to follow up on abnormal test results
Failing to conduct a time-out prior to surgery
What is malpractice?
Malpractice
Negligence or carelessness of a professional person
Nurse practitioner, pharmacist, physician, physician’s assistant
For example: A surgeon who conducts a surgical procedure on the wrong body part
What is criminal negligence?
Criminal Negligence
“Reckless disregard” for the safety of another
Willful indifference to injury that could follow an act
What are three forms of negligence?
Forms of Negligence
Malfeasance
Misfeasance
Nonfeasance
What is malfeasance?
Malfeasance
Execution of an unlawful or improper act
For example: Performing a partial birth abortion in the third trimester when prohibited by law
What is misfeasance?
Misfeasance
Improper performance of an act
For example: Wrong-sided surgery, such as the removal of a healthy kidney instead of the diseased right kidney
What is nonfeasance?
Nonfeasance
Failure to act when there is a duty to act
For example: Failing to order diagnostic tests or prescribe medications that should have been ordered or prescribed under the circumstances
What are two degrees of negligence?
Degrees of Negligence
Slight: Minor ...
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2. Terminologies
Competent: adequately qualified.
Judicious: sensible; prudent
Conducive: leading to some end
Collaborate: work in combination
Conscience: moral sense of right and wrong
Contemporary: living or occurring at same time
Deterrent: frightening or hindering
Submissive: surrendering: obedient
Ethics : refers to the moral code for nursing
Legal - established by or founded upon law or accepted rules
Law : law means a body of rules to guide human action
3. Legal System
Legal - Established by or founded upon law or official or accepted
rules .
Law
• The term law is derived from its tentoric root lag which means
something which lies fixed or events
• Law means a body of rules to guide human action
• Law means ―that which is laid down or fixed.
4. Law- Definition
The law is a system of rights and obligations which the state
enforces.
By Green
The law constitutes body of principles recognized or enforced by
public and regular tribunals has the administration of justice
• By Pound
5. Sources Of Law
Constitutional law: - it is a judgmental law. Law
that governs the state. It determines structure of state,
power and duties.
Common law:- it is a body of legal principles that
evolved from court decisions.
Administrative law: - rules and regulations
established by administrative agencies made by
executives of government.
6. Purpose
To help the nurse to understand that they do have legal responsibilities in
nursing practice.
To make them understand by which authority these legal responsibilities can be
enforced.
To make them understand what areas of nursing practice can mostly create
legal problems.
To describe and protect the rights of clients and nurses
Law is there for the protection of nursing practice
Law is there for the identification of the risk of liability
Law is there to assist in the decision-making process involved in nursing
practice
Another important purposes are
• Safeguarding the public
• Safeguarding the nurse
7. Law Affecting Nurses
Nurse practice laws and designs the legal boundaries of nurse
practice act within each state
Administrative law Created by administrative bodies such as
state board of when they pass rules and regulations. Developed
by groups who are appointed to governmental administrative
agencies. E.g. Food, Drug & Cosmetic Act; Social Security Act;
Nurse Practice Act Statutory law Created by elected legislative
bodies such as state legislatures
Enacted law Include all bills passed by legislative bodies whether
local, state, and national
8. Types Of LAW
Comparative Law : The comparative lawyer works with
international relations in trade and commerce, travel, government
business, and many other areas depending upon the breadth of
his/her knowledge and the needs of his/her employer. The field of
comparative law is one in which there is a great deal of
opportunity for advancement and challenging work. -
Public law : Public law is the body of law that governs the
relationship between the individual and the state, as distinct from
civil law (or `private' law) which governs the relationships
between individuals. Public law is often taken to be divided into
`criminal', `constitutional' and `administrative' branches, although
these are not distinct in all jurisdictions.
9. Family law: Family law attorneys deal
specifically with laws having to do with family
matters. There are multiple facets to each instance
of representation required and knowledge of
individuals and their family histories are necessary.
Criminal Law : Criminal Law involves just
what the label implies - people accused of crimes.
Contract law: Contract law covers obligations
established by agreement (express or implied)
between private parties.
10. TORTS
The word Tort is derived from French word of the
same spelling which means "mischief, injury, wrong, or
calamity", from Latin tortus meaning twisted
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.
Some torts specific to nursing and nursing practice
include things like malpractice, negligence and violations
relating to patient confidentiality.
11. Categories/Types Of Torts
Intentional torts : they are deliberate or willful actions in which
the intent is to cause injury to a person or property. Intentional torts
have several subcategories, including torts against the person,
including assault, battery, false imprisonment, intentional infliction
of emotional distress, and fraud.
Property torts involve any intentional interference with the
property rights of the claimant(plaintiff). Those commonly
recognized include trespass to land, trespass to chattels(personal
property), and conversion
Intentional torts include things like false imprisonment, assault,
battery, breaches of privacy and patient confidentiality.
12. Contd…………..
Assault: This is the causing of an apprehension of an immediate harmful, offensive or
unauthorized contact to a person and a willful attempt or threat to injure.
Battery: Is the harmful, offensive or unauthorized touching of another person. Health
professionals should realize that procedures ranging from bed baths to medication
administration to surgical interventions involve touching.
False Imprisonment: An act or failure to act by the defendant that confines the
plaintiff to a confined area. False imprisonment does not necessarily require physical
force.
Invasion of Privacy: Invasion of privacy is the intrusion into the personal life of
another, without just cause.
Disclosure of Information is somewhat similar to invasion of privacy. It occurs when a
client's problems are inappropriately discussed with any third party.
Defamation of Character: Defamation is an act of communication that causes
someone to be shamed, ridiculed, held in contempt, lowered in the estimation of the
community, or to lose employment status or earnings or otherwise suffer a damaged
reputation.
13. Unintentional Torts: These are accidents that cause injury to
another person or property. They involve failure or breach of
nursing duties that lead to harm.
Unintentional torts include things like malpractice and
negligence
Negligence : Is the failure to meet an ordinary standard of care,
resulting in injury to the patient or plantiff. Malpractice is one of
the example of negligence.
Malpractice: It is a type of professional liability based on
negligence and includes professional misconduct, breach of duty
or standard of care, illegal or immoral conduct or failure to
exercise reasonable skill, all of which lead to harm.
14. Professional Negligence Or Malpractice
Five elements:
Duty
Breach of duty
Forseability
Causation
Injury or harm
15. Common Sources Of Negligence & Practice
Medication errors that result injury to patient
Burns caused by equipment or spills of hot
liquids
Falls resulting in injury to patients
Errors in sponge ,instrument ,needle, count in
surgery cases
Failure to give adequate report , notify
physician, adequate monitoring the patient
16. LEGAL STANDARD FOR NURSES
INFORMED CONSENT
DOCUMENTATION
EXECUTING PHYSICIANS ORDER
GOOD SAMARITAN LAW
PATIENT EDUCATION
PRIVILEGED COMMUNICATION
17. LEGAL ISSUES IN NURSING
Confidentiality
Lama
Advance Directive
Rape Victims
Patients Properties During Admission
Surrogacy
Abortion
Dying Declaration
Autopsies
Organ And Tissue Donation
18. LAGAL ROLE OF NURSES
Provider of Service :Ensure that client receives competent, safe, & holistic
care
Render care by ―standards of reasonable, prudent person
Supervise/evaluate that which has been delegated
Documentation of care
Maintain clinical competency
Responsibility of appointing and assigning
Responsibility in quality control
Responsibility for equipment
Responsibility for observation and reporting
Responsibility to protect public
Responsibility for record keeping and reporting
Responsibility for death and dying