Tingle and Cribb (2002) identify that one of the key areas that highlights the development and maturing of nursing practice within recent years is that there is more of a focus on developing nurses understanding and knowledge surrounding the concept of ethics and law. Upon completion of this chapter, the reader will have gained insights into: The author acknowledges that material for this chapter was drawn from a previously published work: Mair J, Blackmore K 1992. In these types of cases, a plaintiff files a claim based on an unintentional tort (which is better known as negligence) or an intentional tort. Operating alongside these changes is a higher patient expectation of a good outcome from the delivery of healthcare services. If death occurs as a result of negligence, legislation provides that prescribed persons, usually close relatives, can bring an action against the person whose negligence caused the death (e.g. Whether or not a breach of the duty of care has occurred requires consideration of the standard of care required in the circumstances. Knowledge of the law of tort is important for all because most of the civil cases that resulted from nursing activities belong to the category of tort. by looking at how cases have been decided in the past and applying the principles developed in those cases to the present). The 10 Most Common Nursing Home Violations. For example, the laws around discrimination usually give rise to a right to compensation if they are broken, but a breach is rarely so serious as to amount to an offence under the criminal law. Thus a nurse who causes the death of a patient intentionally or recklessly could be charged with murder or manslaughter many years after the event should evidence to support such a charge arise. Many legal issues focus on nurses’ professional negligence, employment, discrimination and licensing. When a person is negligent or careless in a way that causes harm to someone else, the victim of the negligence can sue. The law can impose a duty of care in circumstances where a class of persons is likely to be affected now or in the future. (Chitty, Kay Kittrell. second negligent act must be such that the chain of causation flowing from the first negligent act is broken. The normative rules were: • Honour your mother and father – this is established through religious teachings and reflects the fifth commandment of the Ten Commandments. from a person whose brain has ceased to function but whose heart and lung activity is being sustained artificially. This can be the first indication of a nurse being named a defendant in a civil lawsuit. A breach of a civil law right or obligation does not usually lead to criminal processes and sanctions. A civil case settles a personal or business conflict when an individual or group feels wronged by a defendant or cannot come … For example, while advanced practice nurses have an expanded scope of practice, they may be held to a medical standard of care by courts. Firstly, because I am the author of a text book called “Nursing and The Law”, which is a recommended text book for nursing and allied health professionals. These are contributory negligence. Public laws protect the public while civil law deals with conflicts between a nurse and a patient. The common law developed in England from the fourteenth century and became the basis of the legal systems of countries that were colonised by England. There is a principle in law that a person must take his victim as he finds him. Common law is a type of law that is established by particular cases, as compared to law that uses statutes as its guide. Notwithstanding that a limitation period has lapsed, it is usually possible to apply to a court to extend a limitation period in prescribed circumstances (e.g. Examples from the workplace will be used to guide a discussion. Civil Law. Nurses should develop a deeper understanding of the legal system in which they practice, and the laws that govern clinical practice, through lectures and further reading. Nursing and the Law Ms Pat Staunton President Australian Nurses Federation (NSW) I I was asked to speak on this issue for two reasons I suspect. When it comes to filing lawsuits against nursing homes, the cases fall under tort law. Thus a higher standard of care will be required for a patient recovering from a general anaesthetic following surgery than for a patient who is fully conscious and has been returned to the ward. This branch of civil law deals with torts or civil wrongs and personal injuries, which resulted from the actions of another person or an entity, such as a nursing home. This chapter serves as an introduction to law relevant to nursing practice. Unless specifically stated, no limitation periods apply to most criminal offences. Legislation in all jurisdictions provides for limitation periods to apply for civil claims in the courts (e.g. Differences in law from state to state and territory are less obvious in common law cases. Many hospitals and state agencies also employ in … Nurses need to work within the context of civil law, as it relates to: patient safety; negligent advice; patient consent; patient freedom of movement; and patients’ property. For example: Frequently, the interaction between ethics and law is complex; however, professional nursing ethics mainly followed within the confines of the law are highly likely to be legally defensible. Cases that have an important impact on the common law are reported in law reports relevant to particular courts. A person acting as ‘tutor’ for the child may take action on behalf of the child in the child’s name prior to majority. The common law remains the major source of law covering clinical practice. In determining whether or not a legal duty of care exists, the courts resort to a test of foreseeability. Coronavirus Wrongful Death in Nursing Homes, Determining What Type of Facility Your Loved One Needs, Using Personal or Family Resources to Pay for Nursing Home Care, 8 Things to do if you suspect nursing home abuse. The duty of care is to avoid unreasonable risk of harm to another. : STATE BOARDS OF NURSINGWRITES RULES AND REGULATIONS TOENFORCE & IMPLEMENT NURSEPRACTICE ACT, WHICH WAS CREATEDBY STATUTORY LAW. This is called civil liability or civil negligence. Common law is a term used to refer to law that is developed through decisions of the court, rather than by relying solely on statutes or regulations. Also known as “case law,” or “case precedent,” common law provides a contextual background for many legal concepts. Nurse Practice Acts (NPAs) are laws in each state that are overseen by the state boards of nursing. Thus it may be reasonable to do something that clearly poses a risk of harm to another, where the act is intended to avert a greater risk of harm. Call 1-800-516-4783 to learn more about your options for getting justice for your loved one. against the nursing license or another denial of administrative privilege. Examples are murder, assault, theft,and drunken driving. If you have questions or concerns about a particular matter, please request a free consultation with a lawyer. Nursing, nursing education and nursing practice in a way that causes harm to someone else, the party. 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