1. Legal Aspects of Nursing
Presented By
Dr.Manal tharwat

2. Topics Introduction General Legal Concepts Legal Basis for Nursing
Legal Role of the Nurse
Ethical Issues
Ethical Responsibilities

3. Introduction Importance of Law to the Nurse
Nurses have more responsibility
Increased numbers of Advanced Practice Nurses
Law is there to assist in the decision-making process involved in nursing practice

4. Law is there for the protection of nursing practice
Law is there for the identification of the risk of liability

5. Effects of Law on Nursing Practice
Legal Basis for Nursing Practice--Licensure
Guidelines for Care
Who is the Client--Age of Consent
Emergency--Good Samaritan Act
Abused Clients--Criminal Laws
Use of Restraints
Dying Patient’s wishes--Advanced Directives

6. Guidelines for Care (Continued)
Confidentiality--Invasion of Privacy
Documentation
Incident Reports
Role of Nurse as Witness
Witness in Criminal Cases
Expert Witness

7. Negligence & Malpractice Criminal Activity
Assault
Battery
Diversion of Narcotics

8. Contemporary Legislative Issues
Prescriptive Authority
Delegation to Unlicensed Personnel
Unsafe Staffing in the Workplace
Contemporary Roles for Nurses

9. General Legal Aspects Definition of Law
Comes from the word which means “that which is laid down or fixed”
Law is a rule or standard of human conduct established & enforced by authority, society, or custom

10. Law is established for the welfare of society
Law is not stagnant--changes when society’s directs a change

11. Public Law
One type of law is Public Law which deals with an individual’s relationship to the state
Sources include Constitutional, Administrative & Criminal
These Sources occur on both the Federal & State level

12. Constitutional Law
Set of basic laws that defines & limits the powers of government
Nurse maintains rights as an individual
Constitutional Rights, Civil Rights, State Constitution

13. Administrative Law
Developed by groups who are appointed to governmental administrative agencies
Food, Drug & Cosmetic Act; Social Security Act; Nurse Practice Act

14. Criminal Law
Acts or offences against the welfare or safety of the public
Controlled Substance Act; Criminal Codes
(See Page 230)

15. Civil Law
The second type of law is Civil Law which deals with crimes against a person or persons in such legal matters as:
Contracts
Torts
Protective Reporting Law

16. Contract Law is the enforcement of agreements among private individuals
Elements of:
Promise
Mutual Understanding
Compensation

17. Employment Contracts is an example of contract law under civil law

18. Tort Law is the enforcement of duties & rights among independent of contractual agreements. It is a civil wrong committed on a person or property stemming from either a direct invasion of some legal right of the person, infraction of some public duty, or the violation of some private obligation by which damages accrue to the person.

19. Examples of Tort Law include:
Negligence & Malpractice
Assault & Battery
False Imprisonment
Restraints or Seclusion
Invasion of Privacy
Defamation
Fraud

20. Negligence & Malpractice
Terms
Liability is an obligation one has incurred or might incur thru any act or failure to act
Malpractice refers to the behavior of a professional person’s wrongful conduct, improper discharge of professional duties, or failure to meet the standards of acceptable care which result in harm to another person

21. Terms
Negligence(breach of duty) is the failure of an individual to provide care that a reasonable person would ordinarily use in a similar circumstance
Defendant is the person being sued
Plaintiff is the party who initiates the lawsuit that seeks damages

22. Proof of Liability depends on:
Duty
Breach of duty
Injury
Causation

23. Assault & Battery
Assault is the intentional & unlawful offer to touch a person in an offensive , insulting or physically intimidating manner
Battery is the touching of another person without the person’s consent

24. Protective/Reporting Laws are sometimes considered criminal laws based on state classification
Examples include:
Americans with Disabilities Act
Good Samaritan Act

25. Legal Basis for Nursing
Nurse Practice Act
Standards of Care

26. Legal Role of the Nurse Provider of Service (p.234)
Ensure that client receives competent, safe, & holistic care
Render care by “standards of reasonable, prudent person”
Supervise/evaluate that which has been delegated

27. Provider of Service (continued)
Documentation of care
Maintain clinical competency