legal aspects in nursing.pptx ANUR 404 NURSING THEORY AND PRACTICE 1

THIS PRESENTATION AIM TO EQUIP THE STUDENTS WITH KNOWLEDGE ON LEGAL AND ETHICAL CONSIDERATIONS.

1. Legal aspects in nursing Nursing Theory and Practice 1 Class 2024 Session 7 Week 5

2. Learning Objectives *Define Legal/Law and related terms *Differentiate between legal and law *Discuss functions of law in nursing *Identify types of law *Discuss legal roles of nurses *Discuss legal responsibilities of nursing students

3. Define the following terms Law Regulation Torts Unintentional torts Intentional torts Negligence Malpractice Battery Informed Consent Crimes

4. Legal and Law are often interchangeable but there is a suitable difference between the two Legal Refers anything that is permitted or allowed by the law Eg : it is legal to drive a car, but it is not legal to drive a car without a license Law Refers to a system of rules or regulations that are enforced by a government or other authority. Laws are designed to regulate behaviour and to protect the rights of individuals and society.

5. Functions of Law in Nursing Provides a framework for establishing which nursing actions in the care of clients are legal Differentiates the nurse’s responsibilities from those of other health professionals Helps establish the boundaries of independent nursing action It assists in maintaining a standard of nursing practice by making nurses accountable under law

6. Types of Laws Public Law Criminal law Eg : homicide, manslaughter, theft 2. Private law/Civil law Contract law Eg : employment, Tort law Eg : negligence, malpractice

7. Types of legal actions Civil Action Eg : divorce, personal injury, damage to property Criminal Actions Eg : man shoots a person

8. Regulation of Nursing Practice - Nurses Act Tonga National Professional Standards for the RN (Koe Siate Folau ae neesi Tonga) Tonga Code of Ethics and Conduct for Nurses, Nurse Practitioners and Midwives (Koe ‘ Efika moe Ulungaanga taau ae Neesi , Neesi fakfaito’o moe Ma’uli fakapalofesinale Tonga)

9. Credentialing - Licensure - RN - Certification – evidence to prove you are qualified for the job - Accreditation –if nursing program/nursing school has approved by TNQAB

10. Legal Roles of Nurses Provider of Service Liability Standard of care Contractual obligations Employee/Contractor for Service Citizen

11. Legal Aspects of Nursing Practice Informed Consent Is an agreement by a client to accept a course of treatment/procedure after being provided complete information, including the benefits and risks of treatment, alternatives to the treatment and prognosis if not treated by a health care provider Eg : I have been informed that I can withdraw from the study at anytime. By signing the form, I voluntarily agree to participate in this study Eg : organ donor

12. Purpose Provide client with complete information prior to obtain agreement by client to accept a course of treatment or procedure

13. Two types Express Consent oral/written agreement 2. Implied Consent individual’s nonverbal behaviour indicates agreement Medical emergency when a person cannot express content because of physical condition

14. Who cannot provide informed consent Person 18 years or younger but not here in Tonga Unconscious person Mentally ill person

15. Impaired Nurse - Inability to perform essential job functions due to: Chemical dependency on drugs Alcoholism Mental illness

16. Do-not Resuscitate Order is generally written when client wishes for no resuscitation Values/choices given highest priority Must discuss with client, family, and designated decision maker and health care team Clearly documented

17. Crime An act committed in violation of public (criminal) law Punishable by a fine or imprisonment Does not have to be intended in order to be a crime Eg : accidentally administering and additional and lethal dose of narcotic to relieve discomfort.

18. Negligence Misconduct or practice that is below the standard expected of an ordinary, reasonable, and prudent person Places another person at risk for harm Applies to anyone Gross negligence - Extreme lack of knowledge, decision making, or skill that should have been known that put others at risk for harm

19. Malpractice Refers to the failure of a professional person to act in accordance with the prevailing professional standards Negligence that occurred while the person was performing as a professional. It applies to physician, dentists, and even nurses

20. Measures to take to prevent malpractice Check/recheck medications – medication error Check side rails before leaving a client – client safety Do not ignore a clients complaint – failure to observe and take appropriate action Right client – mistaken identity

21. Intentional torts Assault and battery False imprisonment Invasion of privacy

22. Carrying out a Physician Order -nurses are expected to analyze procedures and medications ordered by the doctors Seeking clarification or seemingly erroneous orders Categories nurses should question Question any order a client questions Question any order if the client’s condition changed Question and record verbal orders to avoid miscommunication Question any order that is illegible, unclear or incomplete

23. Providing Competent Nursing Care Provide care within the legal boundaries Nurses need to be familiar with various jobs Care to protect clients from harm Anticipate sources for injury Educate clients about hazards Implement measures to prevent injury Client’s need to be assessed and monitored appropriately Communicate with client’s with sincere concern

24. Incident Reports Refers to a form that is used to provide a comprehensive record of any undesirable occurrence that occurs with the workplace environment. Eg : hazardous materials spills, misconduct by employees etc Help health personnel prevent future incidents Filed accordingly

25. Legal responsibilities of nursing students Responsible for own action and liable for their own acts of negligence Function within scope of education, job description and nurse practice act Follow procedures and policies Ask for additional help or supervision in situations they feel inadequately prepared If working as an aide, can only perform tasks in job description, not from nursing school.

26. Reference list Berman, A & Snyder, S (2012). Kozier & Erb’s Fundamental of Nursing: Concepts, Process and Practice (9 th ed). Pearson Education, Upper Seattle River, New Jersey, USA.