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legalities in nursing nursing ethic

1. 1 Nursing Legalities Negligence, Malpractice and Informed Consent

2. 2 Learning Outcomes Describe sources of law that affect nursing practice, professional negligence, Malpractice and informed consent.

3. 3 Introduction - What is law? Law Is a standard or rule of conduct established and enforced by the government. Low are intended chiefly to protect the rights of the public. Types of low: public low, civil or private low and criminal law. Practice of nurse follow to the civil low.

4. Sources of Law Administrative agencies: one of the Sources of Law, it given authority to create rules and regulations to enforce statutes (like board of nursing) Purpose of Nursing Law Protect – patient and nurse Scope of practice (define it)

5. Standards of Care Standards of Care: Are the legal guidelines for nursing practice . - Used to determine whether the nurse acted appropriately or not. Breach of standards of care is one element that must be proven in tort of nursing negligence or malpractice. 11/24/2018 5

6. Torts Is a civil wrong made against a person or property. 11/24/2018 6

7. Types of Torts A- Intentional Torts: as Battery: Is actual carrying out of such threat. B- Unintentional Torts: as Negligence: Is conduct that falls below the standard of care. Malpractice: Referred to professional negligence.

8. To prove malpractice, four elements are necessary: 1- Duty: A duty to the plaintiff. 2-Breach of duty: A failure to meet the standard of care or a breach of duty. 3- Causation: (breach of duty produced the injury). 4- Damages: which require an injury to the client. 11/24/2018 8

9. Reducing the Risk of Professional Negligence Reducing the Risk: Know the law Document everything Refrain from negative comments Question authority Stay educated

10. Professional Negligence Reducing the Risk cont.: Manage risks Don’t hurry through discharge Be discreet Use restraints wisely Be kind

11. Informed Consent Informed Consent: it consider one from legal safeguards for the nurse. Core underlying value is patient autonomy In all healthcare agencies, informed and voluntary consent is needed for routine treatment, for specialized diagnostic procedure or surgical treatment and …….etc. Nurses role is to make sure pt understands everything and that the person that signs is the person who needs to be signing.

12. 12 Characters of Informed Consent Language patient understands Patient competency: the patient understand the information needed to make this decision. Requires full disclosure (procedure process, risks and benefits) Voluntariness: the patient is voluntarily consenting or refusing.

13. Steps if patient's refusal to sign a consent The patient should be documented. The patient should be informed of the possible consequences of the refusal. The patient should sign a release from indicating his or her refusal to consent and releasing the nurse, physician and agency from responsibility for outcomes of this act.

14. Reference carol, Taylor C., Lillis C., (2005) “Fundamentals of nursing” 5 th Edition http://www.nurseweek.com/features/00-05/malpract.html