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Nursing Ethics &
Legal Aspects in Nursing
7/27/2022
1 CNE "Ethics & Legal Aspects in Nursing"
Few facts to ponder on..
 Medication errors harm an estimated 1.5 million people
every year
 In India- 52 lakh medical injuries & 98,000 people lose their
lives due to medical negligence every year
 According to Johns Hopkins Hospital, medical malpractice
ranks as the third leading cause of death – behind heart
disease and cancer.
 Medical malpractice causes more than 250,000 every year.
7/27/2022
2 CNE "Ethics & Legal Aspects in Nursing"
“Human rights are not a privilege conferred by government.
They are every human being’s entitlement by virtue of his
humanity”
……..Mother Teresa
7/27/2022
3 CNE "Ethics & Legal Aspects in Nursing"
Objectives
 Nursing Ethics
 Definition of law
 Importance of law in nursing
 Liability in Nursing
 Principles of liability
 Torts
7/27/2022
4 CNE "Ethics & Legal Aspects in Nursing"
Nursing Ethics
7/27/2022
CNE "Ethics & Legal Aspects in Nursing"
5
 Ethics:branch of philosophy dealing with values pertaining to
human conduct, considering the rightness and wrongness of
actions and the goodness or badness of the motives of such
actions
 Nursingethics is system of principles governing the conduct of
a nurse. It deals with the relationship of a nurse to the patient,
thepatient's family, associates and fellow nurses, and society at
large.
Principles of ethical practice in nursing
NON
MALEFICENC
E
BENEFICENC
E
RESPECT
FOR
AUTONOMY
JUSTICE
7/27/2022
6 CNE "Ethics & Legal Aspects in Nursing"
Contd….
Veracity Fidelity
Confidentiali
ty
Accountabili
ty
7/27/2022
7 CNE "Ethics & Legal Aspects in Nursing"
Definition of Law
 It is the sum total of rules & regulations
by which society is governed.
7/27/2022
8 CNE "Ethics & Legal Aspects in Nursing"
Importance of law in Nursing
 Nurses are expected to function within the legislation, legal
policies, statutes relevant to the profession and practice
setting, and professional standards.
 Law protects patients against deliberate & inadvertent
injury by a nurse
 Law protects the nurses against the suits if she renders
right care.
7/27/2022
9 CNE "Ethics & Legal Aspects in Nursing"
 Laws provides framework for which nursing actions in client
care are legal
 Laws assist in maintaining standard of nursing practice
by making nurse accountable for their actions
7/27/2022
10 CNE "Ethics & Legal Aspects in Nursing"
7/27/2022
11 CNE "Ethics & Legal Aspects in Nursing"
Meaning of Liability
 Liability is anything that is a hindrance & puts an individual
at a disadvantage
 Legal liability is a situation in which a person is liable, &
therefore responsible to pay compensation for any damage
incurred.
7/27/2022
12 CNE "Ethics & Legal Aspects in Nursing"
Areas of Legal Liability in Nursing
 Informed consent
 Confidentiality
 Refusal of treatment
 Medication administration
 Restraints
 Abusive situations
 Delegation to unlicensed
assistive personnel
 Clients with AIDS & HIV
testing
 Organ & tissue donation &
transplantation
 DAMA
7/27/2022
13 CNE "Ethics & Legal Aspects in Nursing"
Informed Consent- Nurses’ Role
 Client gives consent voluntarily
 Signature is authentic
 Client appears competent to give consent
 Remind client they have the right to refuse after signature
on form continues after signing consent
7/27/2022
14 CNE "Ethics & Legal Aspects in Nursing"
Confidentiality
7/27/2022
CNE "Ethics & Legal Aspects in Nursing"
15
Disclosure permitted:
 consent by patient
 information necessary for other caregivers to care for
patient;
 if statutes require disclosure (child abuse reporting law)
 if common law exists to protect public interest (safety of
blood supply)
 If duty to warn an identifiable victim in great danger
 If court proceedings require disclosure
Legal liabilities in Nursing:Torts
Unintentional
Torts
Negligence
Malpractice
Intentional
Torts
Assault &
Battery
False
Imprisonme
nt
Restraints
Quasi-intentional
Torts
Defamation
Slander &
Libel
Fraud
Invasion of
Privacy
7/27/2022
16 CNE "Ethics & Legal Aspects in Nursing"
Legal liabilities in Nursing: Torts
 Tort is a civil wrong which produces harm, intentional or
unintentional
 Types: Un-intentional torts; Intentional torts; Quasi
intentional torts
 Quasi intentional torts are voluntary act that causes injury
or distress without intent to injure or cause distress,
situations of communication & often violates a person’s
reputation, personal privacy or civil rights.
7/27/2022
17 CNE "Ethics & Legal Aspects in Nursing"
1. Negligence
 Negligence is a conduct that is culpable as it falls short of
what a reasonable person would do to protect another
individual from foreseeable risks of harm.
 Elements :
- The nurse owed a 'duty of care' to the patient, or was
obligated to care for the patient
- The nurse 'breached' that duty of care, or failed to
properly care for the patient
- The breach resulted in 'measurable damage', injury or
harm to the patient
7/27/2022
18 CNE "Ethics & Legal Aspects in Nursing"
 Common acts of negligence in nursing: burns, falls,
medication errors, failure to observe, use of defective
equipment, loss of patient’s property, patient mix up etc.
 Section 304A of the Indian Penal Code of 1860 states that
whoever causes the death of a person by a rash or
negligent act not amounting to culpable homicide shall be
punished with imprisonment for a term of two years, or
with a fine, or with both
7/27/2022
19 CNE "Ethics & Legal Aspects in Nursing"
2. Malpractice
 Medical malpractice is an act or omission by a health care
provider which deviates from accepted standards of
practice in the medical community and which causes injury
to the patient.
 Eg:
Leaving foreign objects inside the body during surgery,
failing to assess or observe the patient as directed, failing
to report change in patient’s condition, failing to select
correct site for injection, failing to obtain proper informed
consent etc.
7/27/2022
20 CNE "Ethics & Legal Aspects in Nursing"
3. Assault & Battery
 Assault is a crime of violence against another person, also
includes physical contact with another person without their
consent.
 Battery is an unjustified harmful or offensive touching of
another.
 Battery differs from assault in that it does not require the
victim to be in apprehension of harm.
7/27/2022
21 CNE "Ethics & Legal Aspects in Nursing"
4. False Imprisonment
 It is a type of tort wherein a person is
intentionally confined without legal
authority.
 Elements: intent, actual confinement in
boundaries, absence of reasonable
means of escape & absence of legal
authority on the part of person acting to
confine the other.
7/27/2022
22 CNE "Ethics & Legal Aspects in Nursing"
5. Restraints
 Physical, chemical or environmental measures used to
control the physical or behavioral activity of a person or a
portion
7/27/2022
23 CNE "Ethics & Legal Aspects in Nursing"
6. Defamation
 It is the issuance of a false statement about another
person, which causes that person to suffer harm.
 Also called slander, libel & vilification
 Statements may harm reputation of an individual, business,
product, group, government or nation
7/27/2022
24 CNE "Ethics & Legal Aspects in Nursing"
Defamation per se…
 Allegations that an unmarried person is unchaste
 Attacks on person’s professional character or standing
 Allegations that a person is infected with STDs
 Allegations that a person has committed a crime of moral
aptitude.
7/27/2022
25 CNE "Ethics & Legal Aspects in Nursing"
7. Slander & Libel
 It refers to the spoken communication in which one person
discusses another in terms that harm a third person’s
reputation.
 Libel refers to making of defamatory statements in printed
medium.
7/27/2022
26 CNE "Ethics & Legal Aspects in Nursing"
8. Fraud
 Fraud is a crime or offense of deliberately deceiving
another in order to damage another-to obtain property or
services, & is also a civil law violation.
 Civil fraud involves act of intentionally making a false
representation of a material fact, with the intent to deceive,
which is reasonably relied upon by another person to that
person’s detriment.
7/27/2022
27 CNE "Ethics & Legal Aspects in Nursing"
9. Invasion of Privacy
 Privacy is the ability of an individual to remain unnoticed
about themselves or information about themselves.
 Invasion of privacy is the intrusion into the personal life of
another, without a just cause, which can give the person
whose privacy has been invaded a right to bring a lawsuit
for damages against the person or entity that intruded.
7/27/2022
28 CNE "Ethics & Legal Aspects in Nursing"
 Types of invasion
- Intrusion of solitude (spying, opening mails)
- Public disclosure
- False light (false statements about a person)
- Appropriation of name or likeness
7/27/2022
29 CNE "Ethics & Legal Aspects in Nursing"
References
1. Westrick S J. Essentials of Nursing Law & Ethics. 2nd Ed.
2014; Jones & Bartlett Learning, LLC: ISBN: 978-1-284-
03020-4
2. Griffith R & Tengnah C. Law & Professional Issues in Nursing.
4th ed. 2014; Sage Publications India Pvt. Ltd. ISBN: 978-1-
4739-6942-1
3. Deepak K, Sarath C & Mithun BP. A comprehensive textbook
on Nursing Management. 1st ed, 2nd reprint, 2015.
4. Lucita M. Nursing: Practice & Public Health Administration. 2nd
ed. 2007.Elsevier, New Delhi.
7/27/2022
30 CNE "Ethics & Legal Aspects in Nursing"
Give to every human being every right that you claim for
yourself”
….Robert Ingersoll
THANK YOU…..
7/27/2022
31 CNE "Ethics & Legal Aspects in Nursing"

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legal aspects in nursing.pptx

  • 1. Nursing Ethics & Legal Aspects in Nursing 7/27/2022 1 CNE "Ethics & Legal Aspects in Nursing"
  • 2. Few facts to ponder on..  Medication errors harm an estimated 1.5 million people every year  In India- 52 lakh medical injuries & 98,000 people lose their lives due to medical negligence every year  According to Johns Hopkins Hospital, medical malpractice ranks as the third leading cause of death – behind heart disease and cancer.  Medical malpractice causes more than 250,000 every year. 7/27/2022 2 CNE "Ethics & Legal Aspects in Nursing"
  • 3. “Human rights are not a privilege conferred by government. They are every human being’s entitlement by virtue of his humanity” ……..Mother Teresa 7/27/2022 3 CNE "Ethics & Legal Aspects in Nursing"
  • 4. Objectives  Nursing Ethics  Definition of law  Importance of law in nursing  Liability in Nursing  Principles of liability  Torts 7/27/2022 4 CNE "Ethics & Legal Aspects in Nursing"
  • 5. Nursing Ethics 7/27/2022 CNE "Ethics & Legal Aspects in Nursing" 5  Ethics:branch of philosophy dealing with values pertaining to human conduct, considering the rightness and wrongness of actions and the goodness or badness of the motives of such actions  Nursingethics is system of principles governing the conduct of a nurse. It deals with the relationship of a nurse to the patient, thepatient's family, associates and fellow nurses, and society at large.
  • 6. Principles of ethical practice in nursing NON MALEFICENC E BENEFICENC E RESPECT FOR AUTONOMY JUSTICE 7/27/2022 6 CNE "Ethics & Legal Aspects in Nursing"
  • 8. Definition of Law  It is the sum total of rules & regulations by which society is governed. 7/27/2022 8 CNE "Ethics & Legal Aspects in Nursing"
  • 9. Importance of law in Nursing  Nurses are expected to function within the legislation, legal policies, statutes relevant to the profession and practice setting, and professional standards.  Law protects patients against deliberate & inadvertent injury by a nurse  Law protects the nurses against the suits if she renders right care. 7/27/2022 9 CNE "Ethics & Legal Aspects in Nursing"
  • 10.  Laws provides framework for which nursing actions in client care are legal  Laws assist in maintaining standard of nursing practice by making nurse accountable for their actions 7/27/2022 10 CNE "Ethics & Legal Aspects in Nursing"
  • 11. 7/27/2022 11 CNE "Ethics & Legal Aspects in Nursing"
  • 12. Meaning of Liability  Liability is anything that is a hindrance & puts an individual at a disadvantage  Legal liability is a situation in which a person is liable, & therefore responsible to pay compensation for any damage incurred. 7/27/2022 12 CNE "Ethics & Legal Aspects in Nursing"
  • 13. Areas of Legal Liability in Nursing  Informed consent  Confidentiality  Refusal of treatment  Medication administration  Restraints  Abusive situations  Delegation to unlicensed assistive personnel  Clients with AIDS & HIV testing  Organ & tissue donation & transplantation  DAMA 7/27/2022 13 CNE "Ethics & Legal Aspects in Nursing"
  • 14. Informed Consent- Nurses’ Role  Client gives consent voluntarily  Signature is authentic  Client appears competent to give consent  Remind client they have the right to refuse after signature on form continues after signing consent 7/27/2022 14 CNE "Ethics & Legal Aspects in Nursing"
  • 15. Confidentiality 7/27/2022 CNE "Ethics & Legal Aspects in Nursing" 15 Disclosure permitted:  consent by patient  information necessary for other caregivers to care for patient;  if statutes require disclosure (child abuse reporting law)  if common law exists to protect public interest (safety of blood supply)  If duty to warn an identifiable victim in great danger  If court proceedings require disclosure
  • 16. Legal liabilities in Nursing:Torts Unintentional Torts Negligence Malpractice Intentional Torts Assault & Battery False Imprisonme nt Restraints Quasi-intentional Torts Defamation Slander & Libel Fraud Invasion of Privacy 7/27/2022 16 CNE "Ethics & Legal Aspects in Nursing"
  • 17. Legal liabilities in Nursing: Torts  Tort is a civil wrong which produces harm, intentional or unintentional  Types: Un-intentional torts; Intentional torts; Quasi intentional torts  Quasi intentional torts are voluntary act that causes injury or distress without intent to injure or cause distress, situations of communication & often violates a person’s reputation, personal privacy or civil rights. 7/27/2022 17 CNE "Ethics & Legal Aspects in Nursing"
  • 18. 1. Negligence  Negligence is a conduct that is culpable as it falls short of what a reasonable person would do to protect another individual from foreseeable risks of harm.  Elements : - The nurse owed a 'duty of care' to the patient, or was obligated to care for the patient - The nurse 'breached' that duty of care, or failed to properly care for the patient - The breach resulted in 'measurable damage', injury or harm to the patient 7/27/2022 18 CNE "Ethics & Legal Aspects in Nursing"
  • 19.  Common acts of negligence in nursing: burns, falls, medication errors, failure to observe, use of defective equipment, loss of patient’s property, patient mix up etc.  Section 304A of the Indian Penal Code of 1860 states that whoever causes the death of a person by a rash or negligent act not amounting to culpable homicide shall be punished with imprisonment for a term of two years, or with a fine, or with both 7/27/2022 19 CNE "Ethics & Legal Aspects in Nursing"
  • 20. 2. Malpractice  Medical malpractice is an act or omission by a health care provider which deviates from accepted standards of practice in the medical community and which causes injury to the patient.  Eg: Leaving foreign objects inside the body during surgery, failing to assess or observe the patient as directed, failing to report change in patient’s condition, failing to select correct site for injection, failing to obtain proper informed consent etc. 7/27/2022 20 CNE "Ethics & Legal Aspects in Nursing"
  • 21. 3. Assault & Battery  Assault is a crime of violence against another person, also includes physical contact with another person without their consent.  Battery is an unjustified harmful or offensive touching of another.  Battery differs from assault in that it does not require the victim to be in apprehension of harm. 7/27/2022 21 CNE "Ethics & Legal Aspects in Nursing"
  • 22. 4. False Imprisonment  It is a type of tort wherein a person is intentionally confined without legal authority.  Elements: intent, actual confinement in boundaries, absence of reasonable means of escape & absence of legal authority on the part of person acting to confine the other. 7/27/2022 22 CNE "Ethics & Legal Aspects in Nursing"
  • 23. 5. Restraints  Physical, chemical or environmental measures used to control the physical or behavioral activity of a person or a portion 7/27/2022 23 CNE "Ethics & Legal Aspects in Nursing"
  • 24. 6. Defamation  It is the issuance of a false statement about another person, which causes that person to suffer harm.  Also called slander, libel & vilification  Statements may harm reputation of an individual, business, product, group, government or nation 7/27/2022 24 CNE "Ethics & Legal Aspects in Nursing"
  • 25. Defamation per se…  Allegations that an unmarried person is unchaste  Attacks on person’s professional character or standing  Allegations that a person is infected with STDs  Allegations that a person has committed a crime of moral aptitude. 7/27/2022 25 CNE "Ethics & Legal Aspects in Nursing"
  • 26. 7. Slander & Libel  It refers to the spoken communication in which one person discusses another in terms that harm a third person’s reputation.  Libel refers to making of defamatory statements in printed medium. 7/27/2022 26 CNE "Ethics & Legal Aspects in Nursing"
  • 27. 8. Fraud  Fraud is a crime or offense of deliberately deceiving another in order to damage another-to obtain property or services, & is also a civil law violation.  Civil fraud involves act of intentionally making a false representation of a material fact, with the intent to deceive, which is reasonably relied upon by another person to that person’s detriment. 7/27/2022 27 CNE "Ethics & Legal Aspects in Nursing"
  • 28. 9. Invasion of Privacy  Privacy is the ability of an individual to remain unnoticed about themselves or information about themselves.  Invasion of privacy is the intrusion into the personal life of another, without a just cause, which can give the person whose privacy has been invaded a right to bring a lawsuit for damages against the person or entity that intruded. 7/27/2022 28 CNE "Ethics & Legal Aspects in Nursing"
  • 29.  Types of invasion - Intrusion of solitude (spying, opening mails) - Public disclosure - False light (false statements about a person) - Appropriation of name or likeness 7/27/2022 29 CNE "Ethics & Legal Aspects in Nursing"
  • 30. References 1. Westrick S J. Essentials of Nursing Law & Ethics. 2nd Ed. 2014; Jones & Bartlett Learning, LLC: ISBN: 978-1-284- 03020-4 2. Griffith R & Tengnah C. Law & Professional Issues in Nursing. 4th ed. 2014; Sage Publications India Pvt. Ltd. ISBN: 978-1- 4739-6942-1 3. Deepak K, Sarath C & Mithun BP. A comprehensive textbook on Nursing Management. 1st ed, 2nd reprint, 2015. 4. Lucita M. Nursing: Practice & Public Health Administration. 2nd ed. 2007.Elsevier, New Delhi. 7/27/2022 30 CNE "Ethics & Legal Aspects in Nursing"
  • 31. Give to every human being every right that you claim for yourself” ….Robert Ingersoll THANK YOU….. 7/27/2022 31 CNE "Ethics & Legal Aspects in Nursing"

Editor's Notes

  1. www.indiamedicaltimes.com2016 Study by Mahendra Kumar Bajpai (November, 2016) shows 110% rise in medical negligence every year in India
  2. Nurses must know the rights and obligations of nurses in interactions with patients, families of patients, other nurses, and other health care practitioners
  3. Tort derived from french word..mischief, injury..
  4. It is a tort which depends on the existence of a breach of duty of care owed by one person to another.
  5. Serious than mere negligenceirth injury. ... Surgical error. ... Failure to diagnose, delayed diagnosis or misdiagnosis. ... Hospital-acquired infections. ... Emergency room errors.
  6. Person found guilty of defamation are given simple imprisonment of up to 2 years and/or fine as stipulated in Section 500 of the IPC.
  7. Slander refers to making of defamatory statements by a transitory representation, usually an oral representation