Copyright © 2008 Delmar Learning Chapter 7 Legal Issues

Copyright © 2008 Delmar Learning Law A system of binding rules of action or conduct that governs the behavior of people in respect to relationships with others and with the government

Copyright © 2008 Delmar Learning Four Basic Functions of the Law 1.Defines relationships among members of society, and declares which actions are and are not permitted 2.Describes what constraints may be applied to maintain rules, and by whom they may be applied 3.Furnishes solutions to problems 4.Redefines relationships between people and groups when circumstances of life change

Copyright © 2008 Delmar Learning Laws Define our rights and obligations Set penalties Describe how and who enforces them

Copyright © 2008 Delmar Learning Laws Ensure safety Protect property Promote non-discrimination Regulate professions Distribute public goods & services Protect economic & environmental interests

Copyright © 2008 Delmar Learning Ethics - Foundation of Law Laws reflect popular belief about the “rightness” or “wrongness” of acts and are, like ethics, built upon a moral foundation. Laws are created by individuals. There are differences in beliefs among people. Ethics and law are not always congruent.

Copyright © 2008 Delmar Learning Sources of Law Nurse Practice Act – Constitutional law Statutory/legislative law Administrative law Common/Case law

Copyright © 2008 Delmar Learning Constitutional Law Constitution is a formal set of rules and principles that describe the powers of a government and the rights of the people. Constitution supersedes all other law.

Copyright © 2008 Delmar Learning Statutory Law Created through the lawmaking process in state or federal legislatures Legislative law GA Legislators –

Copyright © 2008 Delmar Learning Administrative Law Consists of legal powers granted to administrative agencies by legislatures, and the rules that the agencies make to carry out their powers –Example: State Boards of Nursing

Copyright © 2008 Delmar Learning Common Law Case law Decisions based largely on previous court decisions in similar cases Can change with appeals

Copyright © 2008 Delmar Learning Types of Law Public law Private law –Contract law –Tort law

Copyright © 2008 Delmar Learning Public Law Defines a person’s rights and obligations in relation to government, and describes the divisions of government and their powers One branch is criminal law - deals with crime (actions considered harmful to society) –Felonies: serious crimes –Misdemeanors: less serious crimes

Copyright © 2008 Delmar Learning Private Law Also called civil law, determines a person’s legal rights and obligations in many activities that involve other people The branches of private law that most apply to health care are tort law and contract law

Copyright © 2008 Delmar Learning Tort A tort is a wrong or injury that a person suffers because of someone else’s action, either intentional or unintentional. –Intentional: a willful or intentional act that violates another person’s rights or property –Unintentional: an act or omission that causes unintended injury or harm to another person

Copyright © 2008 Delmar Learning Components of Intentional Torts The act is intended to interfere with the plaintiff or his property. The defendant must intend to bring about the consequences of the act. The act must substantially cause the consequences. There is no legal requirement that the act causes damages or injury—proof of intention is sufficient.

Copyright © 2008 Delmar Learning Intentional Torts Fraud Right to privacy Invasion of privacy Assault Battery False imprisonment Defamation Slander Libel

Copyright © 2008 Delmar Learning Malpractice Type of negligence committed by a person in professional capacity Components: –Duty owed to the patient –Breach of standards of care or failure to carry out duty –Actual harm or injury suffered by the patient –The breach of standards of care or duty caused the injury

Copyright © 2008 Delmar Learning Limiting the Nurse’s Risk Maintain open communication with patients Maintain expertise in practice, attention to details, and autonomy *Be nice and communicate!*

Copyright © 2008 Delmar Learning Maintain Good Communication Be courteous, show respect, and listen. Do not belittle patients or make value judgments. Involve patients/families in decision making. Assess patient’s level of understanding. Explain in understandable language. Clarify and verify orders; if possible, avoid telephone orders or advice over the telephone.

Copyright © 2008 Delmar Learning Maintain Expertise in Practice Keep up to date in knowledge and skills. Do not attempt a task or give a drug that is unfamiliar. Practice within the scope of practice. Follow standards of care. Be alert to patients’ changing health status. Pay close attention to detail, avoiding distraction. Immediately document objectively and thoroughly.

Copyright © 2008 Delmar Learning Maintain Autonomy and Empowerment Challenge questionable orders. Seek attention for patients with changing health status. Challenge bureaucratic structures that threaten patient welfare. Avoid a workplace in which systematic and persistent threats to patient welfare occur.

Copyright © 2008 Delmar Learning Liability Insurance Malpractice policies –Individual coverage –Group coverage –Employer-sponsored coverage

Copyright © 2008 Delmar Learning Discussion Questions and Activities Discuss recent examples of state or federal legislation that create changes in the health care delivery system or in the practice of nursing. Discuss instances in which nurses can be charged with crimes of public law, even though acts were committed without malice in the process of giving nursing care.

Copyright © 2008 Delmar Learning Discussion Questions and Activities How can you protect yourself from being accused of an unintentional tort? Discuss areas of potential liability for nurses and the present health care delivery systems.