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LEGAL ASPECTS OF NURSING
PRESENTED BYDR V K DAS
MEDICAL SUPERINTENDENTSHRI VINOBA BHAVE CIVIL HOSPITAL
WOMEN: Know Your Rights Its Your Future
Legal Rights Of Nurses In Clinical Areas
TOPICS OF DISCUSSION :
INTRODUCTION. DEFINITION. RULES FOR NURSING PRACTICE. LAWS FOR NURSES. LEGAL RIGHTS OF NURSES. LEGAL FRAMEWORK FOR NURSES. NURSES ROLE TO PREVENT LEGAL
COMPLICATIONS. SOME DO’S & DO NOT’S FOR SAFE NURSING. CONCLUSION.
INTRODUCTION
The expanded role of the nurses require a higher level of
education, knowledge , skill and decision making
capabilities.
Knowledge of legal aspects in nursing is absolutely
essential for each nurse to safeguard self and clients from
legal complications.
Consumers are becoming increasingly aware of their
legal rights in the health care, therefore that a nurse
should know her legal rights ,professional boundaries and
consequences of nonconformity
IMPORTANCE OF LAW TO THE NURSE
Nurses have more responsibility
Increased numbers of Advanced Practice Nurses
Law is there to assist in the decision-making
process involved in nursing practice
Law is there for the protection of nursing practice
Law is there for the identification of the risk of
liability
DEFINITION
CREIGHTON – “Those standards of human conduct
established and enforced by the authority of an
organized society through its government.”
HAMLET AND ELLAN- “Sum total of manmade rules
and regulations by which society is governed in
formal and legally binding manner.”
In nursing practice its means the way in which
you are obligated to obey the inprofessional
activities. Disobedience of the law results in
punishment.
RULES RELATED TO NURSING PRACTICE
THE CENTRAL GOVERNMENT IS SOURCE OF LEGAL AUTHORITY.
GOVERNMENT SERVICE CONDUCT RULES
INDIAN NURSING COUNCIL ACT
INDIAN LAWS
GENERAL LEGAL ASPECTS
Definition of Law
Comes from the word which means “that which is laid
down or fixed”
Law is a rule or standard of human conduct
established & enforced by authority, society, or
custom
Law is established for the welfare of society
Law is not stagnant--changes when society’s directs a
change
LAWS FOR NURSES:
1. The right to refuse to treat a patient except in
an emergency situation.[it is very doubtful that
a patient would be refused treatment in actual
practice but it is supported by law.]
2. The right to sue for fees,[ this is applicable only
to private duty nurses of private practitioners
since other nurses would be salaried]
3. Unregistered practitioners are not allowed to
hold appointments in public and local hospital.
The right to add a title or descriptions to ones name. Any
title, description, abbreviation or letter which implies
holding a degree, diploma, license or certificate showing
the particular qualifications may be added. [ improper
use of these is often prohibited by state nurses
registration act] . The right to wear the red cross Emblem
is given only to members of the Army medical service.
The Indian penal code demands that poisonous drugs be
kept in separate containers properly labeled and marked.
Care must be taken not to mix nonpoisonous drugs.
Tort Law is the enforcement of duties & rights among
independent of contractual agreements. It is a civil
wrong committed on a person or property stemming
from either a direct invasion of some legal right of the
person, infraction of some public duty, or the violation
of some private obligation by which damages accrue
to the person. Examples of Tort Law include:
Negligence & Malpractice Assault & Battery False Imprisonment Restraints or Seclusion Invasion of Privacy Defamation Fraud
NEGLIGENCE & MALPRACTICE
Terms
Liability is an obligation one has incurred or might incur thru any
act or failure to act
Malpractice refers to the behavior of a professional person’s
wrongful conduct, improper discharge of professional duties, or
failure to meet the standards of acceptable care which result in
harm to another person
Negligence(breach of duty) is the failure of an individual to
provide care that a reasonable person would ordinarily use in a
similar circumstance
Defendant is the person being sued
Plaintiff is the party who initiates the lawsuit that seeks damages
Proof of Liability depends on:DutyBreach of dutyInjuryCausation
Assault & Battery
Assault is the intentional & unlawful
offer to touch a person in an
offensive , insulting or physically
intimidating manner
Battery is the touching of another
person without the person’s consent
FUNDAMENTAL DUTIES
1. To exercise a reasonable degree of skill and
knowledge in treating patients the standard held
is that exercised by other reputable members of
the same profession in similar circumstances.
2. Once a relationship of a patient has been
established, there is an obligation to attend a
patient as long as necessary unless the patient
requests withdrawal of notice is given of
intention to withdraw.
RIGHTS OF A CONSUMER:
RIGHT OF SAFETY RIGHT TO BE INFORMED RIGHT TO CHOOSE RIGHT TO BE HEARD RIGHT TO CONSUMER EDUCATION POISON CASE ARTIFICIAL HUMAN INSEMINATON DYING DECLARATION
LEGAL RIGHTS OF NURSE
Right of appointing and assigning.
Right of quality control.
Right of using equipments.
Right to care public.
Right for observation and reporting.
Right for record keeping.
LEGAL FRAMEWORK FOR NURSING PRACTICE IN INDIA
1.REGISTRATION 2. LEGAL LIABILITY/ ACT OF NEGLIGENCE CRIMINAL [IPS] CIVIL COURT 3. MEDICO-LEGAL CASE [MLC] a. Road traffic accident b. Suicide and homicide c. Burns, poisoning, rape victim 4. CONSENT 5. CORRECT IDENTITY 6. LEFT AGAINST MEDICAL ADVICE [LAMA] 7. CONSUMER PROTECTION ACT 1986
NURSES ROLE TO PREVENT LEGAL COMPLICATION
KNOWLEDGE OF RULES AND REGULATIONS
KEEN OBSERVATION
MAINTANANCE OF RECORDS AND REPORTS
FOLLOW 7 R’S- RIGHT PATIENT, RIGHT DRUG, RIGHT
DOSE, RIGHT TIME, RIGHT ROUTE, RIGHT REASON
AND RIGHT DOCUMENTATION
AWARENESS ABOUT NURSING PRACTICE.
SOME DO’S & DO NOT’S FOR SAFE NURSING PRACTICE
Do document all unusual incidences.
Do keep current year license to practice.
Do follow polices and procedures.
Do protect patients from injury themselves.
Do not accept money or gift from patients.
Do not give advice that is contrary to doctor’s orders or
the nursing care plan.
Do not witness a patient’s will.
Do not work as a nurse without license.
CONCLUSION
Every nurse should act as per the legal guidelines for
nursing practice while caring for patient since
negligence may cause a great distress to nurse. The
knowledge of rights is integral with the expanding role
and a logical application of the planned systematic and
focused care.
For the implementation of high quality of nursing
practice in the world of latest medical and technological
advances are good knowledge of legal right is
necessary.