Legal Framework of Vocational Nursing and nucleation UNIT I Legal Medicine: its history and its development in Argentina

. Law, definition, d ivision, nature and functions. His relationship with nursing. Organization of Ju stice. The current legislation. Prof. Ms. MarÍa Raquel RodrÍguez Nurse Examiner LEGAL MEDICINE "Medical specialty that meets the medical knowledge that are useful for the admi nistration of justice" is the application of medical knowledge to legal problems arising from or legislate " Medical Lawyer Science has: Subject = Knowledge - Study advice = biological methods - cs. Fin = application to social regulation LEGAL MEDICINE Features It is a specialty diagnostic The most important document of legal medicine is th e opinion of forensic patients living in the forecast dictates medical-legal cri teria: scientific analysis geared to the needs of the administration of justice that the forensic medical facts made on any medical specialty . Which means the lawyer understandable medical aspects. LEGAL MEDICINE Areas of Legal Medicine: Clinical Forensic Medicine Forensic Pathology Forensic Psychiatry Forensic Science: Ballistics Analytical Toxicology Document Analysis Study Immunohematology finger prints and hair fibers in a motor vehicle damage analysis of blood stains LEGAL MEDICINE History of Legal Medicine The first legal medical expert was Imhotep (Egypt, 3000 BC), the highest judicia l authority of King Zoser, in this era of professional misconduct is punished se verely. The Law of the Twelve Tables, the oldest Roman law code (451-450 BC) con tains rules about the duration of pregnancy and the responsibility of the mental ly ill. Galen provides Docimasia, try which put a body to tell if it worked or w hat was functional status before death. Pomplio Numa ordered doctors to test wom en who died. The Code of Justinian (529-564 AD) in Rome, governed the practice o f medicine, surgery and obstetrics, imposing penalties for malpractice. The Hsi Yuan Lu (S. XIII) written by a Chinese court classified the lesions according to the instrument that caused them and their severity. The first book of Forensic Medicine was written in China in 1248, by Hsi Yuen Lu. It consisted of three vol umes: one on abortions, the second on assault and battery and the third on stran gulation and suffocation other. In 1209 Pope Innocent III issued a decree in whi ch physicians were required to visit the wounded by court order. Carlo Magno Cen tury Chapter XIV: Judges must rely on medical reports. Paris 1311, King Philip s et of legal medicine as an organization. Faculty: Montpellier obtained permissio n to perform autopsies fifteenth century begin to make forensic expert in cases of abortion, murder, infanticide, etc. LEGAL MEDICINE In the sixteenth century we find the introduction of medical expertise in the In stitutio Criminalis Carolina. In 1537 Charles V promulgate the Carolino Code whi ch stipulates the obligation of the physician assistant judges. Ambroise Pare pr

ecursor of modern forensic medicine, gives the name of Forensic Medicine in the specialty, provides the methodology for forensic reports and discover simulated disease. In 1575 he published his first work in forensics, "From the reports and the means of embalming the bodies." He also commented on suffocation, injuries, virginity, witchcraft and multiple pregnancies. In the seventeenth century the edict of Henry IV imposes the medical corps with forensic work. Zacchia Paulo (1 651) recognized as a precursor of modern forensic medicine forensic Questiones f or his work. Zacchia's work was about death, helplessness, miracles, etc. In the eighteenth century shows the great development of scientific research, medicine and therefore of Legal Medicine. The birth, death, corpse-like phenomena, etc., Are putting aside some of the prejudices of the past. LEGAL MEDICINE In our country, medicolegal issues were covered by Protomedicato by Gorman, Fabr e and Argerich. In 1822 creates the post of doctor of Police and in 1880 the Med ical Corps of the Courts. In 1896, Law 3379 created the Institute of Legal Medic ine and Judicial Morgue. Emilio Mercado "Legal Medicine is the medicine of life and death" (1886) established the Forensic Department of the Capital, an organiz ation that since then, with modifications in its name, has acted as adviser to t he Justice regarding issues related to medicine. LEGAL MEDICINE The unusual developments in medicine has scientific research thanks to all makes incomprehensible Legal Medicine. Now required: Be more experts coroner basic sp ecialties eg psychiatry, clinical medicine, hematology, orthopedics, obstetrics, etc. LAW Divine Law: Moral / Natural Law. set of rules of conduct promulgated by God to mankind through the right reason. Human law: positive law of each nation That which emanates from the people, society, and must obey the above to be fair and legitimate. LAW Etymology The word law derives from the Latin word "directum" which means "what is under the rule of law, the rule" The representation of the Goddess Justice shows the goddess equipped with three symbols of law: the sword symbolizes the state's coercive power, the balance rep resents the balance between the rights of the litigants, and the blindfold repre sents fairness. LAW The law is normative and institutional order of human behavior in society inspir ed by tenets of justice, which are the basic social relations that determine its content and character. In other words, is the set of rules governing social int eraction and to settle interpersonal conflicts. LAW Sources of law The Constitution: fundamental rule of a sovereign state, established or accepted to govern it the Law: a rule of law is dictated by the legislature for the good of the governed The Court: repeated interpretations of the legal standards the courts make their decisions , and may be one of the sources of law, according to country custom: rooted social practice, and even a continuous repetition of an act. The legal business: an act of private autonomy prescriptive content recogni tion and protection by the legal system. The General Principles of the Law: are

the more general policy statements, without being integrated into the legal syst em under formal procedures are understood to be part of it eg Legality. The Doct rine: views of prestigious jurists on a particular subject, although not a forma l source of law. LAW If the rule refers to the State as public, is public law, if it relates to indiv iduals who act devoid of any character of political power, is private law. It is said that private law rules tend to favor the private interests of individuals, while the rules of public law would be chaired by the attainment of some public interest. LAW Law Division 1. Public Law: Constitutional Law: studying the organization of state powers and rights and int erests of rulers Administrative Law: is study the functioning and organization o f public administration. Criminal law, that determines the suppression of acts t hat endanger the survival of the peaceful social coexistence. Public Internation al Law: regulating the relations of the various States among themselves. Litigat ion: implements the way they give effect to the rights body Courts LAW Law Division 2. Private Law are: Civil law: the common core of which were, and continue, ripping different subjec ts. Study the concept of person, their attributes, civil contracts. It also incl udes family law and inheritance rights after the death of the person. Family law also tends to separate from this common origin and have a regulation itself. Co mmercial Law: governs the relationship between merchants and the consequences of acts of trade. Labour law, that governs relations between employers and employe es Pyramid of the hierarchy in the order law Const. Nat Code Laws: Civil, P Concept of Law A law is a mandatory provision, which emanates from the state legislature, which regulates human relationships, guiding and directing the activities of men in s ocial life. Features of the law is general and compulsory, and there is therefore a sanction for failure to comply. Law No. 24 004, 298 and 12 245 for the Practice of Nursing and Ministerial Resol ution 194/95 Define the two levels that recognize the Exercise of Nursing (Professional and A uxiliary), and the incumbencies that corresponds to each level. Standards Organi zation of Nursing Services R. M. 194/95 Expand what action areas of professional licenses and regulates the practice of nursing as an employee, or autonomously (eg, Intensive Care, Home Care).€Authorizes and limits the practice of nursing activity only to persons covered by it. Ie, the Civil Code Civil Code and Penal Code Argentino Disclaimer: Any person who commits an act which by its fault or negligence cause s harm to another is obliged to repair the damage. (Art. 1109 CC) .... For its p art the Penal Code: Establishes imprisonment for persons who commit malpractice.

(Art. 84 CP.) Professional Responsibility Concerning the duty to take charge and accountable for actions arising from the exercise of any profession. Failure to do so may result in an offense that can be of two types: It is that which derives from the injury with intent. Crime fault: It is derived from the damage caused unintentionally. Crime: Frequently Health Crimes Professional intrusion. Illegal practice of a profession. Theft or destruction o f evidence. Malpractice - of skill, - Negligence - Recklessness or overreaching, - Failure to comply with the regulations or duties of his office or profession. Violation of professional secrecy. Omission of informed consent. Failure of the legal duties of the professionals: Care, Monitoring, Performance, Reporting, and others. Violation of privacy or intimacy of the patient. Professional intrusion and illegal practice of a profession. Professional intrusion: Exercise of professional activities by persons not legal ly authorized to do, it is the usurpation of functions. Illegal Strike: The prac tice of the activity of a health profession without a title or authorization or exceeding the limits of the authority, constitutes criminal figure. Legal cases Iatrogenic: Injury or illness to the proper exercise and produce a professional blameless in the performance of their duties. Error: It is a false interpretation of reality, without malice. Malpractice: Improper exercise of any profession. Guilt: It is understood by the absence of behavior caused both by action and by omission, to prevent or predict injury. (Art. 512 C ód.Civil). Guilt Incompetence: total or partial lack of knowledge, Neglect: Neglect, omission or make less of what is owed. experience or skill in the exercise of their profession. Recklessness or overreaching: The excess or lack of foresight, to go beyond what is appropriate. Failure to comply with the regulations or duties of his office or profession: Do not meet them when they are provided for the proper action. Patient Rights Informed consent and Nursing This is respect: self-determination or autonomy of the patient. The patient's right to accept or refuse treatment. Fulfill the obli gation of providers of health services, to provide adequate information regardin

g: Treatment options. Risk versus benefits. Desired and expected results of ther apies or procedures. Possible complications and undesirable side effects. Altern ative treatments. Informed Consent Requirements AThe patient must be able and ability to reason and make decisions. AThe decisio n must be voluntary and without coercion. AThe patient must have a clear idea of the risks and benefits of proposed treatment. AThe patient should not be under the influence of sedatives at the time of giving consent. Nurses disputes Grounds 1) Patient-informed 2) Availability of lawyers 3) Liability of Nursing 4) Comple xity of care 5) Shortage of Nurses 6) Ignorance of the Law Legal Aspects in the Practice of Nursing assume that: Every professional must know and know what is and what orders the legal framewor k governing the exercise of their profession, namely regarding the rights and ob ligations are as a professional. Therefore "we can not ignore the contents of the law governing the exercise of t heir profession" "It's not argue mitigating ignore a law, not to follow" Patient client user First, it is "Person" As such must be respected "IS NOT A CHOICE ... .... It is an obligation."