types of laws, tort laws, liabilities, legal issues in nursing, medico-legal cases and consumer protection Act

1. Presented by:
Baby Haokip
2nd Year MSc (N)
College of Nursing
NEIGRIHGMS

2. SHORTNESS
OF BREATH,
CHEST PAIN
AND DIZINESS
NURSE, FAILS TO
REPORT
ABNORMALITIES AND
CONTINUE HER
OTHER WORK;
PATIENTS SUFFER
HEART ATTACK
NEGLIGENC
E

3. • MEANING OF LAW: the Word Law is derived from
the Anglo-Saxon term meaning that which is laid
down or fixed. Law is a rule or a body of rules of
conduct inherent in human nature and essential to
or binding upon human society and to guide human
function.
• NURSING LAW: Nursing law is defined as a rule of
conduct, executive orders, regulations and legal
precedents which protects the individuals and the
community affected by the nursing services.

4. • To define relationships among the
members of a society’
• To define which activities are
permitted and which are not
• To allocate authority
• To dispose of trouble cases as they
arise.

5. CIVIL LAWSPUBLIC
LAWS

6. CONSTITUTIONAL LAW ADMINISTRATIVE LAW
Elements of administrative
laws:
 Tribunal
 Court
 The common wealth
Ombudsman
 Freedom of informationCRIMINAL LAW

7. Tort is a legal wrong
committed against a
person, his or her
rights or property,
intentional, willfully
committed without
just cause.
A tort can be any of the following:
• denial of a person’s legal right
• failure to comply with a public
duty
• failure to perform a private duty
that results in harm to another

8. A Contract is
legally binding
exchange of
promises or
agreement
between parties
that the law will
enforced.
ELEMENTS OF CONTRACT:
Agreement should state; what
each must or must not do.
Mutual understanding of the
terms
Payment or consideration given
for actions taken or not taken

9. The employed nurse agrees to do the
following;
 Adhere to the policies and
procedures of the employing entity.
 Fulfill the agreed-upon duties of the
employer.
 Respect the rights and
responsibilities of others health care
providers in the workplace.

10. The employers agree to provide the nurse with
the following;
• A specified amount of pay.
• Adequate assistance in providing care.
• A supplies and equipment needed to fulfill the
nurses responsibilities.
• A safe environment .
• Reasonable treatment and behavior from the
other health care providers.

11. LIABILITIES:
 Liability is anything that is hindrance, or puts
individuals at a disadvantage
 In law a legal liability is a situation in which a
person is liable, and is therefore responsible
to pay compensation for any damage
incurred.
 liability may be civil or criminal

12. LEGAL ISSUES IN
NURSING
UNINTENTIONAL
TORT
INTENTIONAL TORT
QUASI-INTENTIONAL
TORT

13. • deliberate actions in which the intent is to cause injury to a
person or property.
• Battery: intentional and offensive physical
contact with a victim who had not given
his consent to be touched.
• Assault: refer to any intentional act that
causes another person to be fearful
of immediate harm.
• It is also an attempted battery or threatening injury when no
battery takes place.

14. CRIMINAL
BATTERY:
A criminal battery
requires the
presence of a
criminal intent to do
wrong, i.e., to
cause a harmful or
offensive contact.
CIVIL BATTERY:
It need not be an
intention to do
wrong, and the
wrongdoer need
not intent to cause
the particular harm
that occur.

15. • It is intentionally restraining another person without
any legal right to do so.
The elements of the tort are;
• Intent to confine another person against their will
• An act pursuant to this intent
• The resulting confinement of another person against
his or her will
• Absence of reasonable means of escape:
• Absence of legal authority on the part of the person
acting to confine another

17. • DEFAMATION: Defamation is the issuance of a false
statement about another person’s reputation which causes
that person to suffer harm.
SLANDER LIBEL

18. • Fraud is a crime or offence of deliberately deceiving
another in order to damage another- to obtain
property or services.

19. • Privacy is the ability of an individual or group to
remain unnoticed information about themselves and
thereby reveal them selectively in the public realms.
• The different types of privacy:
• Physical privacy:
• Organizational privacy:
• Informational privacy:

20. New Rights-patients oriented
New litigation oriented patients
Greater expectations
Expanded Nursing Roles
Nursing shortage
Delegation

22. Maternal and Infant Nursing
Pediatric Nursing
Medical Surgical nursing
Psychiatric Nursing

23.  According to National
Practitioner data bank, from
1998 to 2000, the number of
payment made by nurses
increased from 253 to 413.
 The trend shows no signs of
stopping, despite effort by
nursing educators to inform
nurses and students of their legal
and professional responsibilities
 AJN The American Journal of
Nursing: September 2003 -
Volume 103 - Issue 9 - p 54-63
“Nurses, Negligence, and Malpractice: An
analysis based on more than 250 cases against
nurses”

24. • Licensure.
• Standard of Care.
• Standing orders.
• Consent.
• Correct identity.
• Documentation.
• Drug Maintenance.

25. • Appointing a nurses.
• Quality control.
• Material management.
• Proper documentation system.
• Effective public relation.
• Disaster management.
• Staff managements.

26. • Responsibilities related to Physicians Orders.
• Responsibility for Verbal Orders.
• Do not Resuscitate Order.
• Responsibility to Prevent Burn, Fall of the Patients.
• Responsibility for Administration of Medications.
• Responsibility towards Maintaining Safe
Environment.

27. • Responsibility of Nurses for the Use of
Equipment's.
• Responsibility towards Maintaining Proper
Records.
• Responsibility towards Short Staff.
• Responsibility towards Use of Controlled
Substances.
• Responsibility towards Death and Dying Patients.
• Responsibility towards Correct Identity of Clients.

28. • Medico legal situation is defined as where there is an
allegation or suspicion of causes attributing to body injury
or danger to life.
• It needs immediate attention to avoid the loss of
important and vital sign that are helpful in confirming the
underlying cause.

31. • CPA, was enacted for better protection of the interests of
consumers.
• imposes strict liability on a manufactures, in case of supply
of defective goods by him, and a services provider, in case
of deficiency of rendering of its services.
Enaction of Act
• The act was passed in Lok Sabha on 9th December, 1986
and Rajya Sabha on 10th December, 1986 and assented
by the president of India on 24th December, 1986 and was
published in the gazette of India on 26th December, 1986,
• came into force with effect from 15th April1987
• amended from time to time in the following years i.e. 1991,
1993 and 2002.

32. Rights….
• To b protected against the marketing of goods and services
which are hazardous to life and property.
• to be informed about the quality, quantity, potency, purity,
standard and price of goods or services so as to protect the
consumer against unfair trade practices.
• to be assured, wherever possible, access to a variety of
goods and services at competitive prices.
• to be heard and to be assure that consumers interest will
receive due consideration at appropriate forums.
• to seek redressal against unfair trade practices and
unscrupulous exploitation of consumers
• to consumer education.

33. • For complaints that involve payment of
compensation up to Rs.20 lakh, the consumer can
approach District Consumer Court.
• For complaints above 1 crore, the aggrieved person
will need to approach the National Commission
for redressal of his grievance.
• A complaint can be filed within two years from the
date on which the cause of action has arisen.

34. • Who can file a complaint?
• Grounds to file a complaint
• Adoption of any unfair trade practice
• The goods bought or agreed to be bought suffer from one
or more defects
• Services hired/availed or agreed to be hired/availed, suffer
from any deficiency
• The trader has charged for the goods or services in
excess of the stipulated price.
• The goods or services being offered to the public are
hazardous to life and safety.

35. Patients of
Governmen
t Hospitals:
Patients of
Nursing and
Private
Practitioners:
Patients of
Charitable
Hospitals: