Presenter : Faculty: Saeed Amin Abu Zar Jamal Zahid Bacha Amna Mr Khalid Hussain Legal Aspects of Nursing
Objectives After this session the participants will be able to Introduce legal aspects of nursing. Define law and its types. Describe tort and its types. Explain liability and regulations in nursing practice. Elaborate legal aspects of nursing practice. Discuss legal protection and responsibilities in nursing.
Saeed Amin Introduction
The legal aspects of nursing encompass the laws, regulations, and ethical standards that govern nursing practice. These aspects ensure that nurses provide safe, competent, and ethical care to patients. OR These are the laws and regulations that pertain to the practice of nursing. Legal Aspects of Nursing
Early Foundations: Nursing, as a profession, was initially unregulated. Care was often provided by nuns, military personnel, or laypersons with little formal training Florence Nightingale (1820-1910 ) Nightingale established the importance of training and education for nurses . Her work during the Crimean War highlighted the need for professional standards in nursing . Historical Overview of Legal Aspects in Nursing
Cont… Licensure and Professionalization (Late 19 th – Early 20 th Century ) 1903: North Carolina became the first state in the U.S. to pass a nursing registration law, requiring nurses to be licensed . Nurse Practice Acts were established in various states to define the scope of practice and legal responsibilities of nurses.
Cont… Importance of legal aspect in nursing Protection of Patient Rights Professional Accountability Scope of Practice Prevention of Malpractice Standardization of Care
Jamal Law ,types and resources of law
Law The law is a system of rights and obligations which the state enforces . ( Green) The law constitutes body of principles recognized or enforced by public and regular tribunals has the administration of justice (Pound)
Sources of Law Constitutional law: I t 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.
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.
Types of Law 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 govems 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.
Types of Law 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.
Law affecting nurse 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 .
Law affecting nurse 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
Bacha Tort and its types
Tort A tort is a civil wrong or injury that causes harm or loss to another person or their property. It's a legal term used to describe a situation where one person's actions or inactions cause harm to another, resulting in liability . Here are some common types of torts Intentional torts Unintentional torts
Unintentional torts Negligence : Failure to exercise reasonable care, resulting in harm or injury. Malpractice refers to the failure of a professional, such as a doctor, lawyer, or accountant, to meet the standards of their profession, resulting in harm or injury to a client or patient.
Intentional torts Assault Intentional act that causes fear of imminent harm or unwanted physical contact. Battery Intentional physical contact without consent. Fraud Fraud refers to the intentional deception or misrepresentation of information to obtain an unfair advantage or benefit.
Intentional torts False Imprisonment Unlawful confinement or restraint of someone's liberty. Defamation Spreading false information that damages someone's reputation. Intentional Infliction of Emotional Distress Causing severe emotional distress through extreme or outrageous behavior.
Amna Liability ,types and consequences
Nursing Liability Nursing liability refers to the legal responsibility of nurses for their actions or omissions in the course of their practice. This can include : Â Malpractice Negligent or wrongful acts that deviate from accepted standards of care. Negligence Failure to meet standards of care, resulting in harm to patients. Vicarious liability Employers' liability for nurses' actions, unless nurses act outside scope of employment.
Types Of Nursing Liability Professional negligence Medication errors Falls and injuries Wound care and pressure ulcers Infection control and transmission
Cont… Communication and documentation errors Patient abandonment Failure to follow policies and procedures Inadequate patient assessment Failure to report safety concerns
Consequences Of Nursing Liability Lawsuits and financial penalties Disciplinary action (licensure revocation, suspension, or restriction) Criminal charges and fines Employment termination or disciplinary act Loss of professional reputation Emotional distress and burnout
Liability minimization To minimize liability, nurses should Follow established standards of care and policies Document accurately and thoroughly Communicate effectively with patients and healthcare teams Stay current with continuing education and training Report safety concerns and near misses Prioritize patient safety and well-being
Regulation Of Nursing Practice Regulation of nursing practice refers to the laws, rules, and standards that govern the practice of nursing to ensure public safety and well-being. Regulatory bodies, such as state boards of nursing, establish and enforce these regulations.
Key Aspects Of Regulation Licensure : Requirements for obtaining and maintaining nursing licenses. Scope of Practice: Defines the boundaries of nursing practice, including responsibilities and limitations. Standards of Care: Establishes minimum standards for nursing practice, including patient assessment, planning, implementation, and evaluation. Code of Ethics: Guidelines for professional conduct and behavior. Continuing Education: Requirements for ongoing education and professional development.
Zahid Legal Aspects of Nursing
Legal aspect of nursing practice Knowledge of legal aspect in nursing are absolutely essential For each nurse to safeguard Self and patient from legal complications consumer are becoming increasingly aware of their Legal rights in health care
Legal Establish by or found upon law or official or accepted rules Law The law is a system of rules that a society or government develops in order to deal with crime, business agreements, and social relationships. You can also use the law to refer to the people who work in this system
Function of law in nursing The intersection of law and nursing is critical, as it establishes the legal framework within which nursing practice operates. Understanding the legal aspects of nursing is essential for ensuring patient safety, protecting the rights of both patients and nurses, and upholding professional standards. Several key areas highlight the importance of law to nursing duties:
Function of law in nursing Regulatory Compliance Nurses must adhere to laws and regulations governing healthcare delivery. These regulations encompass various aspects such as licensure, scope of practice, documentation standards, and quality assurance protocols. Compliance ensures that nursing care meets legal standards and professional guidelines, safeguarding both patients and nurses
Legal issues occur under criminal law Assault or Battery on a Patient Elder Abuse or Neglect Child Abuse or Neglect Sexual Assault or Misconduct Prescription Drug Diversion Medicare or Medicaid Fraud Unlicensed Practice of Medicine
Under Administrative law Licensure and Certification Accreditation and Credentialing Medicare and Medicaid Claims Infection Control and Patient Safety Pharmacy and Prescription Regulations Medical Records and Confidentiality
Under Civil law Personal Injury Wrongful Death Informed Consent Medical Battery Medical Negligence Birth Injuries Pharmaceutical Injuries Medical Device Injuries Medical Billing and Insurance Disputes
Under Common law Medical Negligence Informed Consent Battery Wrongful Life Medical Malpractice Pharmaceutical Negligence Surgical Errors Misdiagnosis or Delayed Diagnosis Breach of Confidentiality
Abu Z ar Standard protection and responsibility
Legal standard for nurse Informed consent Documentation Executing physician order Patient education Privileged communication
Legal Responsibilities in Nursing Provider of service Common sense precautions Be competent in practice Clinical competency Ask for assistance And mandatory reporting
Legal Responsibilities in Nursing Equipment responsibility Quality of care and patient safety Privacy and confidentiality Record keeping and reporting For death and dying responsibility
Legal protection in nursing practice Five basic guidelines can protect Obtaining an informed consent before treatment begin. Document all actions regarding a patient's care. Report any allegations of abuse toward a vulnerable population; protect the patient's right to privacy. Pay strict attention to avoid medication dosing error. Reporting crimes, torts, and unsafe practice.
Legal protection in nursing practice Nursing standards of care are the legal guidelines for minimally safe and adequate nursing practice. Nurses must take as many precautions as they can during their daily shifts, recordings, documenting and reporting daily routines and decisions is one of the most common ways to make sure on track with patience and in the right.