legal issues of nursing profession.docx.pptx

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-

7. 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.

8. 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.

9. Types Of Torts

10. 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.

11. 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.

12. Common acts of negligence in nursing:

13. 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.

14. 2). Intentional Torts

15. (3) Quasi-intentional torts

16. 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 .

17. Legal issues in nursing practice area

18. LEGAL ISSUES IN OTHER SPECIALTY PRACTICE AREAS

19. Pediatric Nursing

20. Medical Surgical Nursing

21. 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.

22. LEGAL RESPONSIBILITIES OF NURSES

23. At operational level

24. SUMMARY

25. 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