LEGAL ASPECTS IN NURSING

INTRODUCTION

It is important for nurses to know the basic legal

concepts because nurses are accountable for
their professional judgments and actions
NURSING LAW

Defined as that body of

status, executive orders,
regulations, rule and legal
precedents which have their
objective the promotion
and protection of individual
and community by nursing
service
FUNCTIONS

FRAMEWORK FOR NURSING ACTION

DIFFERENTIATES NURSES RESPONSIBILITY

BOUNDARIES INDEPENDENT NURSING ACTIONS

MAINTAIN STANDARD PRACTICE

SOURCES OF LAW

CONSTITUTION COMMON
AL LAW LAW

ADMINISTRATI
V E LAW
TYPES OF LAW
VOLENTI – NON – FIT - INJURIA

French, it means Voluntarily –

suffered – injury
It is a law that no man can
sue for a tort to which he had
consented either expressly or
impliedly
PATIENT’S RIGHTS
LEGAL SAFEGUARDS IN NURSING PRACTICE
Licensure
Good Samaritan Law
Good rapport
Standards of care
Standing orders
Informed consent
Correct identity
Documentation
Reporting
LEGAL RESPONSIBILITIES OF A NURSE

Appointing and
assigning Quality
control Equipment
Observation and reporting
Record keeping and
recording Death and dying
MEDICO LEGAL ASPECTS OF DEATH
Be with patient during
death Reassure patient’s
relatives Do not whisper
Only doctors declare
death Death records
Respect body and conduct
all last offices
Take signature of party before
releasing the body
INDIAN PENAL CODE AND MEDICAL PRACTICE
The patient or guardian
can only claim damages
from doctor and hospitals
Both parties bear their
own legal expenses
Patient or guardian can get
the doctor and hospital
authority fined or jailed by
proving negligence in court
of law
TORT

Tort is a civil wrong for which remedy is

common law action
To constitute a tort all the following conditions
must be satisfied
 Omission

 Wrongful Act

 Legal Damage

 Legal Remedy
CLASSIFICATION OF TORT

• Willful act that violate

another’s rights – Assault

• Includes negligence or
malpractice
 Types of Law
Private/Civil
Public
Contract
Law Tor
Criminal Law
Intentiona
l
t Unintention
al Felon Misdemeano
Assault/Batte Willful y r
ry
Action Negligence/Mal
False practice
Imprisonment Intended
consequence
Invasion of Defamatio s Failure to Duty,Breach of
Privacy n Causatio meet duty,Forseeabi
n standard of l
LibelSlande r care ity,Causation,I
njury/harm,da
mage
Felony – A serious crime
Tort – Civil wrong for which remedy is a
common law action
Assault – Any willful attempt or threat or harm
another with ability to actually harm the person
Battery – Intentional touching of another’s
body or anything without consent
Legal – Connected with the law
Plantiff – Person who has lodged the complaint
Malpractice – Professional misconduct
Malice – Desire to harm someone
Slander – Act or crime of making a
false
statement damaging to a person’s
reputation
Negligence – Carelessness which caused
negative results
Fidelity – Quality of being faithful/loyal
Defendant – A person accused of crime
Foreseeability- A link must exist between
the nurses’ act and the injury suffered
Causation – It must be proved that the harm
occurred as a direct result of the nurses’ failure
to follow the standard of care the nurse should
have
Harm/Injury – The client must demonstrate
some type of harm or injury physical, financial
or emotional) as a result of the breach of duty
owed the client
Damages – If malpractice causes injury the
nurse is liable foe damage
Manslaughter – second degree
murder
Misdemeanor – Offence of a less serious
nature and usually punishable by fine
LEGAL ASPECTS
Informed consent
Delegation
Violence, abuse and neglect
Controlled substances
The impaired nurse
Sexual
harassment
Abortions
Death and related
issues
INFORMED CONSENT

It is an agreement by a client to accept a

course of treatment or a procedure after being
provided complete information including the
benefits and risks of treatment.

TYPES

EXPRESS IMPLIFIED
DELEGATION

Transfer of responsibility for the performance

of an activity from one person to another while
retaining accountability for the same
VIOLENCE, ABUSE AND NEGLECT

When an identified instance of injury appears

to be present as the result of abuse, neglect
or exploitation the nurse must report it to the
authorities
CONTROLLED SUBSTANCES

The laws regulate the distribution of controlled

substances such as narcotics, depressants,
stimulants and hallucinogens
THE IMPAIRED NURSE

Refers to a nurse whose ability to perform the

functions of a nurse is diminished by chemical
dependency on drugs, alcohol or mental illness
SEXUAL HARASSMENT

Unwelcome sexual advances, request for

favors and other verbal or physical conduct
Nurses must develop skills of assertiveness to
deter harassment in the work place
ABORTIONS

The nurses have the right to refuse

participation in abortions
Nurse can assist abortions under
MTP act
DEATH AND RELATED ISSUES

Autopsy
Certification of death
Do Not Resuscitate orders
Euthanasia
Inquest
Organ donation
LEGAL ISSUES IN SPECIALTY PRACTICE AREAS

MEDICAL SURGICAL
NURSING CHILD HEALTH
NURSING
MATERNAL AND NEW BORN NURSING
PSYCHIATRY NURSING
MEDICAL SURGICAL NURSING

Disoriented adults may require some form of

restraints to prevent accidental self injury
Side rails are available on most hospital beds
Disoriented older patients may require belt
restraints to prevent them falling off the bed
If patient falls off the bed they may sue the
nurse and hospital
COMMON ACT OF NEGLIGENCE IN MEDICAL
SURGICAL NURSING
Overlooked sponges, needles and instruments
Burns
Falls
Injury due to use of defective apparatus or
supplies
Loss or damage
Assault and battery
Failure to report accidents
Maintenance of records and reports
COMMON ACT OF NEGLIGENCE IN CHILD HEALTH
NURSING
Pediatric nurses are responsible for
preventing children in their care from
accidently harming themselves
Cribs with restraints are designed to keep
infants and toddlers from climbing out of bed
Poisonous substances and sharps should be
kept out of reach of children
Suspected child abuse or neglect must be
reported
COMMON ACT OF NEGLIGENCE IN
OBG NURSING
Causes of lawsuit for malpractice in this area
can be divided into 2 – Mother and Child
Lawsuits brought against physicians and
nurses differ
LIKELY AGAINST DOCTORS…

Failure to diagnose a high risk pregnancy

Delay in performing a Caesarean
section
Improper vaginal delivery or failure to
perform a C section
Improper use of forceps
Delay in arriving to hospital
Non attendance at the
delivery
LIKELY AGAINST NURSES…

Problems of medication
Failure in adequate client monitoring
Failure to adequately assess the client
Failure to report changes in the client
Abortions
Nursing care of new born
COMMON ACT OF NEGLIGENCE IN PSYCHIATRY
NURSING
CRITERIA
Dangerous to others
Dangerous to self
Need for treatment
Immediate restraint of the insane
Voluntary admission
Admission through magistrate
Admission through police power
Reception after judicial inquisition
Discharge
Discharge on parole
Abscond of the patient
THANK YOU