management of nursing services and education for B.Sc Nursing Students

1. LEGAL ASPECTS IN
NURSING
Mr.Visanth V S
Asso.Professor
IGSCON, Amethi

2. Terminologies
Competent: adequately qualified.
 Judicious: sensible; prudent
Conducive: leading to some end
Collaborate: work in combination
 Conscience: moral sense of right and wrong
 Contemporary: living or occurring at same time
 Deterrent: frightening or hindering
 Submissive: surrendering: obedient
Ethics : refers to the moral code for nursing
Legal - established by or founded upon law or accepted rules
Law : law means a body of rules to guide human action

3. Legal System
Legal - Established by or founded upon law or official or accepted
rules .
Law
• The term law is derived from its tentoric root lag which means
something which lies fixed or events
• Law means a body of rules to guide human action
• Law means ―that which is laid down or fixed.

4. Law- Definition
The law is a system of rights and obligations which the state
enforces.
By Green
The law constitutes body of principles recognized or enforced by
public and regular tribunals has the administration of justice
• By Pound

5. Sources Of Law
Constitutional law: - it is a judgmental law. Law
that governs the state. It determines structure of state,
power and duties.
Common law:- it is a body of legal principles that
evolved from court decisions.
Administrative law: - rules and regulations
established by administrative agencies made by
executives of government.

6. Purpose
 To help the nurse to understand that they do have legal responsibilities in
nursing practice.
 To make them understand by which authority these legal responsibilities can be
enforced.
 To make them understand what areas of nursing practice can mostly create
legal problems.
 To describe and protect the rights of clients and nurses
 Law is there for the protection of nursing practice
 Law is there for the identification of the risk of liability
 Law is there to assist in the decision-making process involved in nursing
practice
 Another important purposes are
• Safeguarding the public
• Safeguarding the nurse

7. Law Affecting Nurses
Nurse practice laws and designs the legal boundaries of nurse
practice act within each state
Administrative law Created by administrative bodies such as
state board of when they pass rules and regulations. Developed
by groups who are appointed to governmental administrative
agencies. E.g. Food, Drug & Cosmetic Act; Social Security Act;
Nurse Practice Act Statutory law Created by elected legislative
bodies such as state legislatures
Enacted law Include all bills passed by legislative bodies whether
local, state, and national

8. Types Of LAW
Comparative Law : The comparative lawyer works with
international relations in trade and commerce, travel, government
business, and many other areas depending upon the breadth of
his/her knowledge and the needs of his/her employer. The field of
comparative law is one in which there is a great deal of
opportunity for advancement and challenging work. -
Public law : Public law is the body of law that governs the
relationship between the individual and the state, as distinct from
civil law (or `private' law) which governs the relationships
between individuals. Public law is often taken to be divided into
`criminal', `constitutional' and `administrative' branches, although
these are not distinct in all jurisdictions.

9. Family law: Family law attorneys deal
specifically with laws having to do with family
matters. There are multiple facets to each instance
of representation required and knowledge of
individuals and their family histories are necessary.
Criminal Law : Criminal Law involves just
what the label implies - people accused of crimes.
Contract law: Contract law covers obligations
established by agreement (express or implied)
between private parties.

10. TORTS
 The word Tort is derived from French word of the
same spelling which means "mischief, injury, wrong, or
calamity", from Latin tortus meaning twisted
 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.
Some torts specific to nursing and nursing practice
include things like malpractice, negligence and violations
relating to patient confidentiality.

11. Categories/Types Of Torts
Intentional torts : they are deliberate or willful actions in which
the intent is to cause injury to a person or property. Intentional torts
have several subcategories, including torts against the person,
including assault, battery, false imprisonment, intentional infliction
of emotional distress, and fraud.
 Property torts involve any intentional interference with the
property rights of the claimant(plaintiff). Those commonly
recognized include trespass to land, trespass to chattels(personal
property), and conversion
Intentional torts include things like false imprisonment, assault,
battery, breaches of privacy and patient confidentiality.

12. Contd…………..
 Assault: This is the causing of an apprehension of an immediate harmful, offensive or
unauthorized contact to a person and a willful attempt or threat to injure.
 Battery: Is the harmful, offensive or unauthorized touching of another person. Health
professionals should realize that procedures ranging from bed baths to medication
administration to surgical interventions involve touching.
 False Imprisonment: An act or failure to act by the defendant that confines the
plaintiff to a confined area. False imprisonment does not necessarily require physical
force.
 Invasion of Privacy: Invasion of privacy is the intrusion into the personal life of
another, without just cause.
 Disclosure of Information is somewhat similar to invasion of privacy. It occurs when a
client's problems are inappropriately discussed with any third party.
 Defamation of Character: Defamation is an act of communication that causes
someone to be shamed, ridiculed, held in contempt, lowered in the estimation of the
community, or to lose employment status or earnings or otherwise suffer a damaged
reputation.

13. Unintentional Torts: These are accidents that cause injury to
another person or property. They involve failure or breach of
nursing duties that lead to harm.
Unintentional torts include things like malpractice and
negligence
Negligence : Is the failure to meet an ordinary standard of care,
resulting in injury to the patient or plantiff. Malpractice is one of
the example of negligence.
Malpractice: It is a type of professional liability based on
negligence and includes professional misconduct, breach of duty
or standard of care, illegal or immoral conduct or failure to
exercise reasonable skill, all of which lead to harm.

14. Professional Negligence Or Malpractice
Five elements:
Duty
Breach of duty
Forseability
Causation
Injury or harm

15. Common Sources Of Negligence & Practice
Medication errors that result injury to patient
Burns caused by equipment or spills of hot
liquids
Falls resulting in injury to patients
Errors in sponge ,instrument ,needle, count in
surgery cases
Failure to give adequate report , notify
physician, adequate monitoring the patient

16. LEGAL STANDARD FOR NURSES
 INFORMED CONSENT
 DOCUMENTATION
 EXECUTING PHYSICIANS ORDER
 GOOD SAMARITAN LAW
 PATIENT EDUCATION
 PRIVILEGED COMMUNICATION

17. LEGAL ISSUES IN NURSING
 Confidentiality
 Lama
 Advance Directive
 Rape Victims
 Patients Properties During Admission
 Surrogacy
 Abortion
 Dying Declaration
 Autopsies
 Organ And Tissue Donation

18. LAGAL ROLE OF NURSES
 Provider of Service :Ensure that client receives competent, safe, & holistic
care
 Render care by ―standards of reasonable, prudent person
 Supervise/evaluate that which has been delegated
 Documentation of care
 Maintain clinical competency
 Responsibility of appointing and assigning
 Responsibility in quality control
 Responsibility for equipment
 Responsibility for observation and reporting
 Responsibility to protect public
 Responsibility for record keeping and reporting
 Responsibility for death and dying