legal aspects in nursing

LEGAL ASPECTS IN NURSING

BY,MS. ROSEMARY SANJU

GENERAL OBJECTIVES :-

At the end of the seminar, the group will gain in depth knowledge regarding “ LEGAL ASPECTS IN NURSING ” & will be able to practise this knowledge in the clinicals.

SPECIFIC OBJECTIVES :- At the end of the Seminar the group will be able to :- Define law & various other legal terminologies. State the objectives of legal aspects in nursing. Recognize the sources of law in legal aspects in nursing. Elucidate the types of law in legal aspects in nursing. State the laws for nurses in legal aspects in nursing. Describe the legal responsibilty of a nurse in legal aspects in nursing. Recognize the legal rights of a nurse in legal aspects. Discuss the legal safeguard in nursing practice. Identify the issues in legal aspects in nursing. Comprehend the role of a nurse in legal aspects in nursing.

WOMEN: Know Your Rights Its Your Future

Legal Rights Of Nurses In Clinical Areas

OUTLINE OF THE SEMINAR :- INTRODUCTION DEFINITION OF LAW OTHER LEGAL TERMINOLOGIES OBJECTIVES OF LEGAL ASPECTS SOURCES OF LAW TYPES OF LAW LAWS FOR NURSES LEGAL RESPONSIBILTY OF NURSES LEGAL RIGHTS OF NURSES LEGAL SAFEGUARD IN NURSING PRACTICE ISSUES IN LEGAL ASPECTS IN NURSING ROLE OF NURSES IN LEGAL ASPECTS SUMMARY CONCLUSION BIBLIOGRAPHY RESEARCH

The expanded role of the nurses require a higher level of education, knowledge , skill and decision making capabilities.

Knowledge of legal aspects in nursing is absolutely essential for each nurse to safeguard self and clients from legal complications.

Consumers are becoming increasingly aware of their legal rights in the health care, therefore that a nurse should know her legal rights, professional boundaries and consequences.

INTRODUCTION :-

- BY INDIRA GANDHI NATIONAL OPEN UNIVERSITY

DEFINITION OF LAW:-

Laws are “rules of conduct , established and enforced by authority , which prohibit extremes in behaviour so that one can live without fear for oneself or one’s property”. - By Sullivan and Decker 2001

OTHER LEGAL TERMINOLOGIES:-

CRIME PLAINTIFF

DEFENDANT UNLIQUIDATED DAMAGES

FELONY MISDEMEANOUR

ABUSE ASSAULT

BATTERY CONTRACTS

DEFAMATION DELEGATION

How to protect yourself ?????

OBJECTIVES OF LEGAL ASPECTS :-

Protect the client’s rights. Protect yourself from legal liability.

Know your state laws affecting nursing practice .

Follow your state’s nurse practice act rules & regulations.

Deliver safe , competent nursing care.

Develop & use your critical thinking abilities.

Criminal Law -> written to prevent harm to society & provide punishment for crimes.

TYPES OF LAW :-

a. Felony – a crime of a serious nature: rape, theft, kidnap, murder. b. Misdemeanour – a lesser crime with a penalty of a fine or less 1 year prison:

petty theft.

Civil Law -> protect the rights of the individual in our society ; encourage fair & equitable treatment among people.

a. Contracts Law- enforcement of agreements among private individuals .

example – employment contracts.b. Torts Law– enforcement of duties &

rights among independent of contractual agreements.

example – assault, battery , etc .

TORTS ( Civil wrongs ) :-

A wrongful act leading to legal liability.

a) Intentional Torts :-

1. Assault -> physical attack .

2. Battery -> harmful or offensive touching of another without persons consent.

3. Invasion of Privacy ->a. publishing photos without consent.b. disclosing confidential information.

Two types of torts :-

2. Malpractice –> is professional negligence It involves substandard care & the following four criteria:-

1. The nurse (defendant) owed a duty to the patient (plaintiff.) 2. The nurse did not carry out that duty. 3. The client was injured. 4. The nurse’s failure to carry out the duty are both the actual and proximate causes of the injury ( Potter & Perry, 2005).

b) Unintentional Torts :-

1. Negligence –> conduct that falls below the standard of care:

“Failure to use that degree of care that an ordinarily careful

and prudent person would use under the same or similar circumstances.” (Potter & Perry, 2006)

LAWS FOR NURSES :-

The right to refuse to treat a patient except in an emergency situation.

The right to sue for fees. Unregistered practitioners are not allowed to hold appointments in public and local hospital.

The right to wear the red cross Emblem is given only to members of the Army medical service.

The Indian penal code demands that poisonous drugs be kept in separate containers properly labeled and marked.

The right to add a title or descriptions to one’s name.

LEGAL RESPONSIBILTY OF NURSES:-

REGISTRATION LEGAL LIABILIY/ ACT OF NEGLIGENCE

CRIMINAL [IPC] CIVIL COURT

MEDICO-LEGAL CASE [ MLC ] Road traffic accident Suicide and homicide Burns , poisoning, rape victim

CONSENT CORRECT IDENTITY LEFT AGAINST MEDICAL ADVICE [LAMA] PATIENT’S PROPERTY DYING DECLARATION WILLS EXAMINATION OF RAPE CASES ARTIFICIAL HUMAN INSEMINATION POISON CASE CONSUMER PROTECTION ACT (1986 )

LEGAL RIGHTS OF NURSES :-

LEGAL SAFEGUARD IN NURSING PRACTICE:-

Licensure

Good Samaritan Laws

Good Rapport

Standards of Care

Standing Orders

Contracts

Consent for operation & other procedures

Correct identity

Counting of Sponge, Instruments & Needles

Drug Maintenance

ISSUES IN LEGAL ASPECTS IN NURSING :-

MATERNAL & INFANT NURSING PAEDIATRIC NURSING

MEDICAL SURGICAL NURSING PSYCHIATRIC NURSING

ROLE OF NURSES

INTRODUCTION DEFINITION OF LAW OTHER LEGAL TERMINOLOGIES OBJECTIVES OF LEGAL ASPECTS SOURCES OF LAW TYPES OF LAW LAWS FOR NURSES LEGAL RESPONSIBILTY OF NURSES LEGAL RIGHTS OF NURSES LEGAL SAFEGUARD IN NURSING PRACTICE ISSUES IN LEGAL ASPECTS IN NURSING ROLE OF NURSES IN LEGAL ASPECTS

CONCLUSION :-

BIBLIOGRAPHY :- Ann. J . Zwemer , “Professional Adjustments & Ethics for nurses in India”, 6th Edition , B.I Publications , page no->139-158.B.T.Basvanthappa, “ Nursing Administration”, 2nd Edition, Jaypee brother publications, page no-> 809-831.Francis. C.M, Mario D’souza, “ Hospital Administration”, 3rd Edition, Jaypee brothers Publications, page no-> 355-358.Mary Lucita, “Nursing: Practice & Publication Health Administration,2nd Edition, Elsevier publications,page no-> 175-195.Neelam kumari, “ Management of nursing services & education”, Jalandhar publications, page no->378-398. Sakharkar B.M, “Principles of Hospital Administration & planning”,2nd Edition , Jaypee brother publication, page no-> 324-337.Shabnam Masih, “Essential of nursing management:in service & education”,5th Edition,Lotus Publications, Page No-> 194-198.