Legal and Ethical Issues in Healthcare and Nursing: Week 5 Sources of Law

Statutory Law

• Characterized by laws enacted by legislative bodies, such as Congress or state legislatures.
• These laws are written and codified, offering clear guidelines and regulations.

Common Law

• Developed through judicial decisions in various cases over time.
• Reflects the precedents set by previous court rulings.

Nurse Practice Act Violation

• A nurse would be tried for violating the Nurse Practice Act in a professional or legal setting, typically in a court of law focused on healthcare regulations.

Purpose of Criminal Law

• Aims to maintain public order and safety by prosecuting individuals who commit crimes, thus protecting society from harm.

Civil Law

• Administered between citizen and citizen, addressing disputes and claims that do not involve criminal charges.

Administrative Law

• Established by governmental agencies to regulate activities and ensure compliance with laws intended to protect public welfare.

Elements of Negligence

• Four legal elements required to prove negligence:
  • Duty: A legal obligation to adhere to a standard of care.
  • Breach: Failure to meet the established standard.
  • Causation: Direct link between the breach and the injury.
  • Damages: Actual harm or loss resulting from the breach.

Professional Negligence

• Often referred to as "malpractice" in the healthcare field, involving care that falls below the accepted standard.

Workplace Discrimination Law

• Title VII of the Civil Rights Act prohibits workplace discrimination and identifies two forms of sexual harassment: quid pro quo and hostile work environment.

Tactics for Victims of Sexual Harassment

• Suggested tactics for nurses by the College of Nurses of Ontario (CNO) include documenting incidents, seeking support from colleagues, and reporting the behavior to management.

Improving Workplace Safety

• Nurses should advocate for clear policies, participate in training, and foster an environment of open communication to enhance workplace safety.

Forms of Sexual Harassment

• Two forms identified by Title VII:
  • Quid Pro Quo: Unwelcome sexual advances tied to employment decisions.
  • Hostile Work Environment: Unwelcome conduct that creates an intimidating, hostile, or abusive work atmosphere.