Legal aspects in nursing

management of nursing services and education for B.Sc Nursing Students

1. Legal aspects in nursing Mr.Visanth V S Asso.Professor IGSCON, Amethi

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: I t 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 S upervise/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