This introduction is necessarily brief, and does not cover all aspects of the law that affect nursing practice. This is called civil liability or civil negligence. However, if the child were discharged from hospital following the maximum care that could be given, and then dies from other injuries sustained in a motor vehicle accident caused through another’s negligence, then the first nurse is unlikely to be held responsible for the death. Thus a duty of care can be shown to exist when a person can reasonably foresee that his or her acts or omissions are likely to place another at risk (see the case of. 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. There are three main components. A nurse involved in resuscitating a person at an accident site away from a well-equipped hospital with trained staff at hand can only be expected to provide the standard of care that is reasonable in the circumstances. In 2002, the New South Wales Parliament enacted the. three to seven years after the cause of action arises, or, in some cases, when the plaintiff first becomes aware that a cause of action exists. For example, common law terms may have no true equivalent in a civil law legal system. For example, the law relating to assault, false imprisonment, negligence and negligent advice is found within cases in which relevant principles of law recognising the right of a person to individual autonomy and bodily integrity have been developed. : STATE BOARDS OF NURSINGWRITES RULES AND REGULATIONS TOENFORCE & IMPLEMENT NURSEPRACTICE ACT, WHICH WAS CREATEDBY STATUTORY LAW. CHAPTER 11. Civil Law - Definition, Examples, Types, Cases, and Systems Common examples of civil cases include child custody, child support, contract violations, personal injury, property damage and divorce. Likewise, the law will hold that a duty of care exists in any case where the foreseeable risk can result in serious disability or death, however infrequently such harm is likely to occur. WB Saunders/Baillière Tindall, Sydney. You can fill out the contact form on any page on this website, or call 1-866-548-9636 to get legal help. Today, more than ever, nurses have to consider the legal implications of their practice. Surprisingly, contract law is an important aspect of nursing practice. As noted above, civil law involves legal actions taken by complainants against another, or others, seeking a civil remedy for a legally recognised wrong. There are lots of examples of negligence that can lead to a civil lawsuit. Pain and suffering, loss of enjoyment of life, loss of expectation of life, loss of opportunity in life, and financial consequences are examples of accepted heads of damage (categories of damage recognised by the courts) for which compensation can be sought in a negligence action. However, the law does not require that there be an identified person in existence at the time that a negligent act or omission occurs. Many legal issues focus on nurses’ professional negligence, employment, discrimination and licensing. In the absence of any binding judgment from the High Court of Australia, judges in the superior courts of each state and territory are free to interpret and apply the common law as cases come before them for adjudication. 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. Tort is a branch of this civil law which can be further broken down into intentional, unintentional and quasi intentional tort. Thus the English common law forms the basis of the legal systems of, among others, Australia, New Zealand, Canada and the United States. As well as state-by-state and territory differences, the federal government has power, by virtue of the Constitution, to make laws that are binding on all states and territories (i.e. Courts issue rulings on challenges to board or agency rules, disciplinary actions, the constitutionality of statutes and in civil and criminal cases. 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. Administrative Law When a state legislature passes a statute, anadministrative agency is given authority to createrules & regulations to enforce the statutory laws.e.g. Common law consists of the application of legal principles developed in past cases to determine the outcome of present cases. In: Cuthbert M, Duffield C, Hope J (eds) Management in nursing. Health law is a rapidly changing and steadily growing field. Licensure protects the consuming public and insures that the nurse has completed a state approved nursing school, has successfully passed their licensure examination and has also continuously met the requirement(s) for relicensure each biennium without any suspensions or revocations of their license. Technology, skill development and empowerment in nursing, 14. However, judges generally adhere to the principles developed in previous common law cases heard locally, or from other respected common law courts. Whatever limitation period applies, most jurisdictions suspend the limitation period while an injured party is a minor. Finally, the plaintiff must prove causation—that is, that the breach of duty caused the alleged harm. It is an objective test and therefore is not dependent upon the particular skills and knowledge of the practitioner. The standard of care is not perfect care, but reasonable care. Law defining the scope of nursing practice in a given state. When a person is negligent or careless in a way that causes harm to someone else, the victim of the negligence can sue. n Defines the practice of nursing n Each state has its own n Establishes requirements for obtaining a license to practice nursing such as the passing score on the NCLEX – RN/LPN n Is a statutory law Consent n Necessary for Ø All routine treatment Ø Hazardous procedures (surgery) Ø Chemotherapy Thus an injured person is required to take reasonable steps to reduce the effects of (ameliorate) the harm caused. A body of rules that delineate private rights and remedies, and govern disputes between individuals in such areas as contracts, property, and Family Law; distinct from criminal or public law. 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. If you have questions or concerns about a particular matter, please request a free consultation with a lawyer. Comprehensive information on nursing home abuse and neglect for nursing home residents and their loved ones. The normative rules were: • Honour your mother and father – this is established through religious teachings and reflects the fifth commandment of the Ten Commandments. ... nursing policies, nursing education and nursing practice are worth examining. the fact that giving Thalidomide to pregnant women to treat morning sickness can cause phocomelia in the unborn). (Berman and Synder, 2012) Civil Law: Civil law, also part of public law, covers torts and contract laws. The standard differs from that of a criminal case, in which the prosecution must prove a case “beyond a reasonable doubt.”. ... nursing policies, nursing education and nursing practice are worth examining. An introduction to legal aspects of nursing practice. Note: Australian legislation relating to negligence is mostly aligned, however, small differences do exist between States and Territories. Therefore, a child who suffers an injury as a result of alleged negligence is not affected by a limitation period until reaching majority. In considering the standard of care required, the nurse must take into account characteristics of the patient that may pose an additional risk for that person. An enrolled nurse’s practice will be measured against that of the reasonably competent enrolled nurse. Differences in law from state to state and territory are less obvious in common law cases. Examples from the workplace will be used to guide a discussion. Unlike in criminal law when the government files charges, the injured party files a civil lawsuit. A nurse can lose his or her license to practice if he or she violates a public law. If this is done, the evidence necessary to prove the case is more easily available sooner after the event than later. If a patient suffers harm as a result of a nurse’s failure to perform nursing duties at the standard to be expected of the nurse in the circumstances, then the patient has a right to sue in negligence to recover compensation. For example, if a particular harm is known to occur frequently as a result of particular acts or omissions, then the law is likely to hold that these will give rise to a duty of care. Civil law deals with behavior that constitutes an injury to an individual or other private party, such as a corporation. Nursing includes professionals in clinical nursing, nursing management, healthcare quality assurance and healthcare risk management. A person acting as ‘tutor’ for the child may take action on behalf of the child in the child’s name prior to majority. Civil laws can branch from either statutory or common law. Many legal issues focus on nurses’ professional negligence, employment, discrimination and licensing. There are three main defences to an action in negligence. In regards to this, nurses tend to be involved in civil law suit which involves one person violating the rights of another. The patient was suffering from severe shock caused by severe postpartum haemorrhage and the hot water bottles had been applied as a part of emergency treatment (, Clearly, a duty of care will exist to avoid unreasonable risk of harm to patients receiving nursing care. The duty of care is to avoid unreasonable risk of harm to another. Example of statutory regulation is The Nursing and Midwifery Board of Australia (NMBA) that regulates nurses and midwives under health practitioner regulation National Law (2009). Our order and rules. Civil Negligence. If someone damages another person's property, the victim may sue the perpetrator in civil court for the cost of the damage. The English language influences delays in the GCC In reading the October 1 News, regarding the article "Many lawyers are still holding themselves out as civil law notaries," it seems to me that there is a simple solution. law and nursing practice 1. law and nursingpracticehanna t. priyankamaternity & childrenhospital 2. objective at the end of thispresentation candidatesshould become familiarwith tha basics of legalaspects of professionalnursing practise 3. introductionnursing practice is governed bymany legal concepts. Civil law actions must be brought by an attorney hired by the injured party (the plaintiff) against the alleged wrongdoer (the defendant). The NMC (2008) provides strict guidance about the nursing practitioners code of practice and the accountability that members of the profession should have towards patients in their care; it is in light of this that nursing professionals have a responsi… Note: Australian legislation relating to negligence is mostly aligned, however, small differences do exist between States and Territories. A breach of a civil law right or obligation does not usually lead to criminal processes and sanctions. Thus, a duty of care can arise to avoid harm to an unborn child, as well as to one that is not even conceived at the time of the negligent act or omission. Back-timing a morphine order is an example of fraud and has resulted in disciplinary action against a nurse’s license by the board of nursing in Nevada State Board of Nursing v. Merkley (1997). For example: Thus the clinical nurse specialist will be measured against the standard of the reasonably competent clinical nurse specialist, while the general ward staff will be measured against the standard expected of the reasonably proficient general ward nurse. To prove a direct causal connection, the ‘but for’ test can be applied. the. Our legislation. Even when an act or omission can be shown to have been negligent, a claim for damages will fail if the plaintiff cannot prove that the alleged harm was caused or materially contributed to by the defendant’s negligent conduct. For example, not all states/territories have legislated to control the reproductive technologies and those that have are not identical. 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. This field is for validation purposes and should be left unchanged. The common law remains the major source of law covering clinical practice. a person who contracts HIV through a blood transfusion may not be aware that they have contracted the disease until sometime after the expiration of a limitation period). A person practising a profession (‘a professional’) does not incur a liability in negligence arising from the provision of a professional service if it is established that the professional acted in a manner that (at the time the service was provided) was widely accepted in Australia by peer professional opinion as competent practice (section 5O). against the nursing license or another denial of administrative privilege. Civil Negligence. Professional Nursing: Concepts & Challenges, 5th Edition. The plaintiff, Arlene Townsend, had repeatedly fallen while living at the nursing home and was not properly supervised. Unless specifically stated, no limitation periods apply to most criminal offences. 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