meaning of law the law constitutes body of principles recognized or enforced by public and regular...
TRANSCRIPT
MEDICO LEGAL APECTS IN NURSING
MEANING OF LAW The Law constitutes body of
principles recognized or enforced by public and regular tribunals has the administration of justice.
-Pound
The Law is a system of rights and obligations which the state enforces.
-Green
TYPES OF LAWS Civil Laws - includes rules and
regulations that specify the required course of action to be followed by an individual in business and social relationship with others.
Criminal Laws -defines offences that affect public welfare and security and impose penalties.
SOURCES OF LAWConstitutional Law: determines
the structure of the state , its power and duties and it also determines the form of government and its relationship with various organs of the government.
Statutory Laws- regularize the relationship between citizens and the state, between individuals and the group and in between individuals and others. They are created by elected legislative bodies of state or administrative bodies such as Indian Nursing Council.
eg. Indian Civil Marriage Act.
Common Law- is a body of legal principles that has evolved from court decisions.
Administrative Law- consists of rules and regulations established by administrative agencies , that have been made by executive branch of Government.( President/ Governor).
VALUE OF LAW IN NURSING
Illness and injury render a person unusually dependent on care givers.
Of all the health care personals , nursing personnel have most frequent and prolonged contact with the patient.
Most of the nursing activities are characterized by intimate touching , critical judgment , skillful manipulation and protective vigilance .
Ignorance , carelessness or malice would render nurse ministrations ineffective or harmful.
Thus nursing practice is regulated by Laws that protect the patients against deliberate to inadvertent injury by a nurse.
LEGAL RESPONSIBILITY Legal responsibility in nursing practice means the way in which nurses are obliged to obey the law in professional activities.
MEANING OF TORT
The word TORT is from a Latin word TORATAM which means to “twist”. The word tort is equivalent to English word “wrong”.
TORT IS CONSTITUTED IF:Act or omissionWrongful act or omission must be recognized by law
Legal DamageLegal RemedyVicarious Liability
TORT
INTENTIONAL UNINTENTIONAL
INTENTIONAL TORTNEGLIGENCE
MALPRACTICE
NEGLIGENCE Negligence is the failure of an individual to do something that a reasonably prudent person would do.
Or It is a commission of act in particular circumstances in standard of care which a nurse is legally bound , would not do under similar circumstances.
COMMON NEGLIGENCESFailure to use aseptic technique
where required.Leaving a foreign object in a
patient’s body during surgery, i.e. errors in sponge, instruments, needle count in surgical cases.
Failing to respond promptly to patients symptoms in pending disaster.
Failure to protect an infirm patient from falling, falls resulting injuries to patients.
Administering wrong medications to patients.
Administering a medication improperly, i.e. intravenous therapy, errors resulting infiltration or phlebitis.
Administering a care in such a manner that a patient suffers injury, e.g. improper handling of hat water bag, burns to clients.
MALPRACTICE
Malpractice is a negligence or
carelessness by a professional person. So, it concerns professional actions and in the failure of the person with professional education and skills to act in a reasonable and prudent manner.
SIX ELEMENTS IN MALPRACTICE1) The nurse(defendant) owed a duty
to the client(the plaintiff). e.g failure to monitor response to treatment.
2) Breach of duty of care owed to the patient. e.g failure to communicate the change of status to other care provider.
3) Foresee ability not maintained. e.g falling of children in pediatric wards.
4) Evidence of caution. e.g failure to provide education.
5) Evidence that nurses failure was direct cause of client injury. e.g falls.
6) Evidence of damage.
UNUSUAL MALPRACTICE IN NURSING MANAGEMENT
Issues of delegation and supervision
Issues related to staffing
ISSUES IN NURSE CLIENT RELATIONSHIPS
BATTERY
INVASION OF PRIVACY
LEGAL SAFEGAURDS IN NURSING PRACTICE
LICENTURE
GOOD SAMARITAN LAWS
GOOD RAPPORT
STANDARDS OF CARE
STANDING ORDERS
CONTRACTS
CONSENT OF OPERATION AND OTHAR PROCEDURES
CORRECT IDENTITY
COUNTING OF SPONGE, INSTRUMENTS AND NEEDLES.
DRUGS MAINTAINANCE
SELF DISCHARGE OF PATIENTS
PROFESSIONAL
CONFIDENCE
DOCUMENTATION
PATIENT’S PROPERTY
MAKING OF WILLS AND SIGNING LEGAL DOCUMENTS
SUSPICION OF THEFT
REPORTING
LEGAL RESPONSIBILITIES OF NURSE
OF APPOINTING AND ASSIGNING
IN QUALITY CONTROL
FOR EQUIPMENT
FOR OBSERVATION AND REPORTING
TO PROTECT PUBLIC
FOR RECORD KEEPING AND REPORTING
FOR DEATH AND DYING
