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INTRODUCTION
Importance of Law to the Nurse
Nurses have more responsibility Increased numbers of Advanced Practice Nurses
Sources of Law
Statutory law
Constitutional law Enacted law Regulatory law
Common law
Criminal law
Classifications of Law
Civil law
Legal disputes between private parties Torts Negligence Malpractice
Harm against society Offenses against the state Felonies, misdemeanors, juvenile Conviction requires proof beyond reasonable doubt
Fraud
Intentional Tort
Scenario An elderly resident in a long term care facility decides not to take an ordered antidepressant medication. The nurse believes that the resident needs the medication and dissolves it in juice, administering the medication without telling the resident.
Unintentional Tort-Negligence
Harm must have occurred
INCIDENT REPORTS
Incident reports is to ensure that there is a record of details of the incident and subsequent action taken by legal proceedings.
INFORMED CONSENT:
The rights of the patient is right to consent to treatment.
INVASION OF PRIVACY:
In this every individual has the right to withhold both himself and his property from public scrutiny.
DEFAMATION OF CHARACTER:
It means that a persons reputation is damaged by written or spoken words that tend to lower his esteem in the eyes of the other people.
ABORTIONS:
Its premature termination of pregnancy it can occur spontaneously or it may be induced by medical or surgical means.
WIILS:
Will is declaration of an individual wishes regarding what is to be done with property after his death.
MALPRACTICE INSURANCE:
Due to increase in number of malpractice in general and against nurses, many authorities recommend that each nurse carry her own malpractice insurance to cover the cost of lawful fees;
Malpractice is one type of negligence, it is referred as professional negligence. Nursing malpractice results when nursing care falls below the standard of nursing care .
Nurses can be found liable for malpractice if the following criteria are established. The nurse(defendant)owed a duty to the client(plaintiff) Nurse did not carry out the duty. Client was injured Nurses failure to carry out the duty caused the injury.
References
JOURNALS
1 NT , 17 July 2007 , vol 103 no 29, pg 26-27 . 2 NT , 24 July 2007 , vol 103, no 30 , pg 24-25. 3 NT , 31 July 2007 , vol 103, no 31 , pg 26-27.
Databases Searched
1. CINAHL 2. Medline
3. WebSPIRS Includes Business, Health, Science, Human Resources,