LEGAL ASPECTS OF

NURSING
WOMEN: Know Your Rights Its
Your Future

Legal Rights Of Nurses In

Clinical Areas
TOPICS OF DISCUSSION :
 INTRODUCTION.
 DEFINITION.

 RULES FOR NURSING PRACTICE.

 LAWS FOR NURSES.

 LEGAL RIGHTS OF NURSES.

 LEGAL FRAMEWORK FOR NURSES.

 NURSES ROLE TO PREVENT LEGAL

COMPLICATIONS.
 SOME DO’S & DO NOT’S FOR SAFE NURSING.

 CONCLUSION.
INTRODUCTION
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 of nonconformity
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
 Law is there for the protection of nursing practice

 Law is there for the identification of the risk of liability

DEFINITION
CREIGHTON – “Those standards of human conduct
established and enforced by the authority of an organized
society through its government.”

2.HAMLET AND ELLAN- “Sum total of manmade rules

and regulations by which society is governed in formal
and legally binding manner.”

In nursing practice its means the way in which you are

obligated to obey the in professional activities.
Disobedience of the law results in punishment.
RULES RELATED TO NURSING
PRACTICE
 THE CENTRAL GOVERNMENT IS
SOURCE OF LEGAL AUTHORITY.

 1.GOVERNMENT SERVICE CONDUCT

RULES

 2. INDIAN NURSING COUNCIL ACT

 3. INDIAN LAWS
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
 Law is established for the welfare of society

 Law is not stagnant--changes when society’s directs a change

LAWS FOR NURSES:
1. The right to refuse to treat a patient except in an
emergency situation.[it is very doubtful that a patient
would be refused treatment in actual practice but it is
supported by law.]

2. The right to sue for fees,[ this is applicable only to

private duty nurses of private practitioners since other
nurses would be salaried]

3. Unregistered practitioners are not allowed to hold

appointments in public and local hospital.
 The right to add a title or descriptions to ones name. Any
title, description, abbreviation or letter which implies
holding a degree, diploma, license or certificate showing
the particular qualifications may be added. [ improper
use of these is often prohibited by state nurses
registration act] . 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.
Care must be taken not to mix nonpoisonous drugs.
 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.
 Examples of Tort Law include:
 Negligence & Malpractice
 Assault & Battery
 False Imprisonment
 Restraints or Seclusion
 Invasion of Privacy
 Defamation
 Fraud
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
 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
Proof of Liability depends on:
Duty
Breach of duty
Injury
Causation
 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
FUNDAMENTAL DUTIES
1. To exercise a reasonable degree of skill and knowledge
in treating patients the standard held is that exercised by
other reputable members of the same profession in
similar circumstances.

2. Once a relationship of a patient has been established,

there is an obligation to attend a patient as long as
necessary unless the patient requests withdrawal of
notice is given of intention to withdraw.
RIGHTS OF A CONSUMER:

 RIGHT OF SAFETY
 RIGHT TO BE INFORMED

 RIGHT TO CHOOSE

 RIGHT TO BE HEARD

 RIGHT TO CONSUMER EDUCATION

 POISON CASE

 ARTIFICIAL HUMAN INSEMINATON

 DYING DECLARATION
LEGAL RIGHTS OF NURSE
 Right of appointing and assigning.
 Right of quality control.

 Right of using equipments.

 Right to care public.

 Right for observation and reporting.

 Right for record keeping.

LEGAL FRAMEWORK FOR NURSING
PRACTICE IN INDIA
1.REGISTRATION
2. LEGAL LIABILITY/ ACT OF NEGLIGENCE
CRIMINAL [IPS]
CIVIL COURT
3. MEDICO-LEGAL CASE [MLC]
a. Road traffic accident
b.Suicide and homicide
c.Burns,poisoning, rape victim
4. CONSENT
5. CORRECT IDENTITY
6. LEFT AGAINST MEDICAL ADVICE [LAMA]
7. CONSUMER PROTECTION ACT 1986
NURSES ROLE TO PREVENT LEGAL
COMPLICATION
 KNOWLEDGE OF RULES AND REGULATIONS
 KEEN OBSERVATION

 MAINTANANCE OF RECORDS AND REPORTS

 FOLLOW 7 R’S- RIGHT PATIENT, RIGHT DRUG,

RIGHT DOSE, RIGHT TIME, RIGHT ROUTE, RIGHT
REASON AND RIGHT DOCUMENTATION
 AWARENESS ABOUT NURSING PRACTICE.
SOME DO’S & DO NOT’S FOR SAFE
NURSING PRACTICE
 Do document all unusual incidences.
 Do keep current year license to practice.

 Do follow polices and procedures.

 Do protect patients from injury themselves.

 Do not accept money or gift from patients.

 Do not give advice that is contrary to doctor’s orders or

the nursing care plan.
 Do not witness a patient’s will.

 Do not work as a nurse without license.

CONCLUSION
 Every nurse should act as per the legal guidelines for
nursing practice while caring for patient since negligence
may cause a great distress to nurse. The knowledge of
rights is integral with the expanding role and a logical
application of the planned systematic and focused care.
 For the implementation of high quality of nursing
practice in the world of latest medical and technological
advances are good knowledge of legal right is necessary.