Legal liabilities in psychiatric nursing

Ethical and legal issues in psychiatric nursing

1. Legal System: Type of law, Torts and Liabilities in PSYCHIATRIC Nursing By : SAYANTANI MONDAL M.Sc. Nursing 2 nd Year Institute of Psychiatry-COE

2. I nt r oduc t i o n 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.

3. Definition of l a w Laws are “rules of conduct, establishedand enforced by authority, whichprohibit extremes in behaviour so thatone can live without fear for oneself orone’s property”. - By Sullivan and Decker, 2001

4. T y pe s L a w P ub li c Constitutional Administrative Criminal Tort Civil Contract

5. Constitutional law The constitution of India is the supreme law of India. It is the study of foundational or basic laws of nations state and other political organizations. It deals with the relationship between the state and the individuals, and also with different branches of state .(e.g.: executive, legislative, judiciary)

6. Administrative law It regulates bureaucratic managerial procedures and defines the power of administrative agencies.

7. Criminal law Criminal law involves the state imposing sanctions for crimes committed by individuals so that society can achieve justice and a peaceable social order.

8. Civil Law Civil law refers to that branch of law dealing with disputes between individuals and/or organizations. In civil law there is the attempt to right a wrong, honor an agreement, or settle a dispute.

9. Contract Law A contract can be broadly defined as an agreement that is enforceable at law. Breach of contract is recognized by the law and judicial remedies can be provided. Almost everyone makes contracts every day.

10. Tort Law Tort is a legal wrong committed against a person, his or her rights, or property ( real or personal) and is punishable by damages (i.e., monetary compensation) rather than imprisonment , intentional, willfully committed without just cause .

11. Tort law provides remedies for civil wrongs that do not arise out of contractual duties. A ] IntentionalTorts - a high degree of certainty that harm to another would result B ] Unintentional/negligent tort - carelessness

12. Categories of tort Unintentional Quasi-intentional Intentional

13. Unintentional Torts • Negligence Negligence is a tort which depends on the existence of a b of duty of care owed by one person to another. • Malpractice 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. Malpractice includes four elements : Duty of care Breach of duty The element of injury The element of proximal cause

15. Duty of care is any behaviour or omission of the medical professional that could reasonably be foreseen to cause harm to the patient.

16. Breach of duty is defined as the failure to adhere to the standard of care set by the nursing profession, thus departing from a specific duty owed to the client .

17. The element of injury not only includes physical harm but also mental anguish and other invasions of the patient's rights.

18. Examples of malpractice According to Reising and Allen, common malpractice claims arise against nurses when nurses fail to:  Assess and monitor.  Follow standards of care.  Use equipment in a responsible manner.  Communicate.  Document.  Act as a patient advocate and follow the chain of command

19. The element of proximal cause (also called causation) involves the concept of "foresee ability"; that is, a logical link must exist between the nurse's act and the injury suffered .

20. Legal issues in nursing practice area Controlled Substances The misuse of drugs act aims at checking The unlawful use of the drugs liable to produce dependence or cause harm. Caring Patients with AIDS The care of AIDs and HIV patients has legal implications for nurses Confidential Information must be protected of HIV+ d i sc r i m i n a t ed a g a i n s t b a s ed p a t i e n t s . A n i n f e c t ed p e r s on c a n n o t be on contagiousness .

21. Deaths and Dying The law identifies that death occurs when there is a greatly diminished brain function despite function of other body organ. Autopsy and Organ Donation Legally competent persons are free to donate their bodies or organs for medical use. Consent forms are available for the purpose the nurse must be aware of policies and procedures .

22. Patients Property Many of unconscious p a t i e n t s ad m i t te d in eme r g e n c y t h e ir b e l o n g i n g s s h o u ld b e l i s te d checked by two nurses and put in safekeeping. Living Wills and Health Care Surrogates Living wills are documents instructing physician to hold or withdraw life- sustaining procedures whose death is imminent each state providing for providing living will need two witnesses.

23. Legal responsibility of nurses Appointing and assigning and floating.

24. Quality control

25. Relation to material management

26. Proper documentation system

27. Maintain public relations

28. Disaster management Staff management