legal issues of nursing

1. Legal Issues In Nursing
Presented By:- Apurva Dwivedi
M.Sc. Nursing

2. Objectives
At the end of the class you will be able understand-
• Introduction
• Definition
• Purposes
• Types of law
• Law in nursing
• Legal issues in nursing practice area
• Legal issues in other specialty practice areas
• Legal roles and responsibilities of the nurse

3. INTRODUCTION
• The nurses in the modern era have multifunction in their work
setting. In spite of having in the job description, these job activities
are not explicitly defined. There is job ambiguity, so in that situation
they need to know about the law and legal issues.
• Law is the result of the minimum level of shared values or ethics of a
community of people. Law and ethics are related. Nurses may act in
ways that are legal but not ethical. Both law and ethics are related to
politics. Law means a body of rules to guide human action.

4. DEFINITION
Laws are “rules of conduct, established and enforced by authority, which prohibit
extremes in behavior so that one can live without fear for oneself or one’s
property”.
Sullivan and Decker, 2001

5. PURPOSES
• 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 to assist in the decision-making process involved in nursing practice.

6. TYPES OF LAW
A). PUBLIC LAW
• Introduction- Public law governs the relationship between
individual and state.
• Most laws that impose criminal penalties are considered to be
public laws, as these are of intended to protect all members
of society.
• There are three sources of public laws-

8. B). CIVIL LAW
• Civil law refers to that branch of law dealing with disputes between individuals and/or
organizations, in which compensation may be awarded to the victim.
• The sources of civil law at federal and state levels are contracts, and others protective
laws.
• In civil laws there is the attempt to right a wrong, honor an agreement or settle a
dispute.
• If there is a victim, they get compensation and the person who is the cause of the
wrong pays, this being a civilized form of or legal alternative to, revenge.

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.
• Torts a civil wrong made against a person or property.
• Tort Law is the enforcement of duties & rights among independent of
contractual agreements.

11. Types Of Torts
Unintentional
torts
Intentional
torts
Quasi-
intentional
torts

12. Unintentional torts
1). Negligence Torts
Negligence is a tort which depends on the existence of a breaking of
the duty of care owed by one person to another.
The tort of negligence provides a cause of action leading to damages,
or to relief, in each case designed to protect legal rights, including
those of personal safety, property, and, in some cases, intangible
economic interests.

13. Conti.
• Negligence actions include claims coming primarily from car
accidents and personal injury accidents of many kinds, including
clinical negligence, workers negligence and so forth.

14. Common acts of negligence in nursing:
• Burns
• Falls
• Medication error
• Failure to observe
• Us of defective equipment
• Loss of patients’ property

15. Cont.
(2). Malpractice- malpractice is a type of negligence
in which the misfeasance, malfeasance of a
professional, under a duty of act, falls to follow
generally accepted professional standards.
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.

16. 2). Intentional Torts
• Assault and battery
• Criminal battery
• Civil battery
• False imprisonment
• Restraints
These type of torts are
deliberate actions in
which the intent is to
cause injury to a person
or property. Some
intentional laws are:-

17. (3) Quasi-intentional torts
• Defamation
• Slander and libel
• Fraud
• Invasion of privacy
It usually involves
situations of
communication and
often violates a
person’s reputation,
personal privacy or
civil rights.

18. LAW IN NURSING
• Common law Created by judicial decisions made in courts when
individual cases are decided
• Civil law protects the rights of individual persons within our society and
encourage fair and equitable treatment among people.
• It is the enforcement of agreements among private individuals.
Employment Contracts is an example of contract law under civil law.
• Criminal law Prevent harm to society and provides punishment for
crimes.

19. Legal issues in nursing practice area
Controlled
substances
Caring
patients
with AIDs
Death and
dying
Autopsy
and organ
Donation

20. LEGAL ISSUES IN OTHER SPECIALTY PRACTICE
AREAS
Maternal and Infant
Nursing
The common cases for
lawsuits against nurses
will include the
following:
Problem related to
medication
Failure in adequate
client monitoring
Failure to adequately
assess the client
Failure to report
change in patients
Abortions: she must
assist in MTP, but can
refuse in forced
abortion.

21. Pediatric Nursing
Pediatric nurses are responsible
for preventing children, in their
care from accidently harming
themselves.
All poisonous substances and
sharp instruments should keep
out of reach of children.
The babies put on incubator or on
oxygenation need to be monitored
for its temperature and oxygen
concentration respectively.
All the medications administered
should be of correct dosage and
dilution should be done correctly.
Intravenous fluid should also be of
correct concentration.
The children should not be left
alone.

22. Medical Surgical Nursing
Some common acts of negligence in medical surgical nursing are as follows:
Overlooked sponges, instruments, needles (in operation before closure of
incision)
Burns caused due to application of hot water bottle, during sitz bath, use of
heating pads.
Falls e.g. unconscious patients or child due to lack of side railing.
Injury caused due to use of defective apparatus or supplies e.g defective
bedpans, unsterile goods.

23. Psychiatric Nursing
Informal admission: The individual is free to leave at any time. The patient is often
requested to sign on an agreement of medical advice, but he is not compelled to do
so.
Voluntary admission: Under this procedure any citizen of lawful age may apply in
writing for admission to a public or private psychiatric hospital. He agrees to receive
treatment and abide by the hospital rules. His reason for seeking help may be his own
personal decision or may be based on the advice of family or a health professional.

24. LEGAL RESPONSIBILITIES OF NURSES
At administrative and supervisory level
• Responsibilities of appointing and assigning and
floating
• Responsibility in quality control
• Responsibility in relation to material management
• Responsibility towards documentation system
• Responsibility for maintaining public relation
• Responsibility at the time of disaster management
• Responsibility towards the staff management

25. At operational level
Responsibilities related to physician’s
orders
Responsibilities of verbal orders
Do not resuscitate orders
Responsibility to prevent burn, fall of
the patient
Responsibility for administration of
medications
Responsibility towards maintaining
safe environment

27. BIBLIOGRAPHY
• Joginra Vati, principles and practice of Nursing management and administration, jaypee
brothers medical publishers, page no- 68-73
• Shabnam masih, essentials of nursing management, lotus publication, published by rajendra
Kapoor, page no- 54-56
• Jagjit kaur, textbook of nursing management and services, jaypee brothers medical publishers,
page no- 48-50
• BT Basavanthappa Textbook of Nursing Services and Education, Jaypee Brothers and
Medical Publishers Private limited New Delhi First edition-2011