Podcast
Questions and Answers
Which function of law in nursing helps maintain a standard of practice by holding nurses accountable?
Which function of law in nursing helps maintain a standard of practice by holding nurses accountable?
What is the primary role of a constitution within the legal framework?
What is the primary role of a constitution within the legal framework?
Which of the following is NOT considered a source of law?
Which of the following is NOT considered a source of law?
Which type of laws are created by administrative agencies to enforce statutory laws?
Which type of laws are created by administrative agencies to enforce statutory laws?
Signup and view all the answers
What distinguishes malpractice situations most commonly found in nursing practice?
What distinguishes malpractice situations most commonly found in nursing practice?
Signup and view all the answers
Which type of law predominantly governs the relationships between individuals and governmental agencies?
Which type of law predominantly governs the relationships between individuals and governmental agencies?
Signup and view all the answers
In which type of court case is the burden of proof described as a preponderance of the evidence?
In which type of court case is the burden of proof described as a preponderance of the evidence?
Signup and view all the answers
What is the maximum number of justices typically found in the highest appeal courts?
What is the maximum number of justices typically found in the highest appeal courts?
Signup and view all the answers
What type of offense would a nurse typically face if they were found guilty of intentionally administering fatal doses of drugs?
What type of offense would a nurse typically face if they were found guilty of intentionally administering fatal doses of drugs?
Signup and view all the answers
Which of the following is NOT a characteristic of tort law?
Which of the following is NOT a characteristic of tort law?
Signup and view all the answers
Study Notes
Legal Issues in Public Health and Management
- Law is defined as rules made by humans to regulate social conduct in a formally prescribed and legally binding manner.
- Laws are based on fairness and justice.
Learning Objectives
- Define law.
- List functions of law in nursing.
- Identify sources of law.
- Differentiate between common types of law (e.g., criminal, civil, administrative).
- Identify legal issues in nursing.
- List common malpractice situations.
- Explain health-related legal issues.
- Apply guidelines for reporting a crime, tort, or unsafe practice.
Functions of Law in Nursing
- Provides a framework for establishing which nursing actions in client care are legal.
- Differentiates nurses' responsibilities from those of other health professionals.
- Establishes the boundaries of independent nursing action.
- Maintains a standard of nursing practice by holding nurses accountable.
Sources of Law
- Constitutions, statutes, administrative agencies, and court decisions.
Constitution
- A constitution outlines fundamental laws or principles governing a nation, society, corporation, or aggregate of individuals.
- It establishes the basis of a governing system for the present and future.
Statutes
- Laws created by legislative bodies.
- Officially enacted by a legislative body and compiled into codes, collections of statutes, and ordinances.
Administrative Agencies
- Agencies authorized to act by legislative bodies.
- Create rules and regulations to enforce statutory laws.
- Administrative laws are valid within the scope of authority granted by the legislative body.
Court Decisions
- Judicial or decisional laws are made by courts to interpret legal issues in dispute.
- Decisions can be made by a single justice, with or without a jury, or by a panel of justices.
- Different court levels (trial, intermediary appeal, highest appeal) have varying justice numbers.
Types of Laws and Courts
- Nurses may face criminal, civil, or administrative court cases.
- Each type of case has a different court procedure, burden of proof, and punishment.
Criminal Cases
- Charges are filed by the state/attorney general for crimes against individuals or society.
- Individuals are presumed innocent unless proven guilty beyond a reasonable doubt.
- Consequences can include incarceration and/or death.
- Intentional administration of fatal doses by nurses can lead to criminal charges.
Civil Cases
- One individual sues another for monetary compensation for perceived loss.
- Burden of proof is "preponderance of the evidence" (more likely than not).
- Consequences are typically monetary.
- Most malpractice cases are tried in civil court.
Administrative Cases
- An individual is sued by a governmental agency responsible for implementing governmental programs.
Types of Law
- Public Law: deals with relationships between individuals and governmental agencies.
- Private Law: deals with relationships between individuals.
- Criminal Law (part of private law): is categorized as contract law and tort law.
Contract Law
- Enforces agreements among private individuals or compensation for failing to fulfill agreements.
Tort Law
- Defines and enforces duties and rights among private individuals not based on contractual agreements.
- Examples applicable to nursing: negligence, malpractice, invasion of privacy, assault.
Legal Issues in Nursing
- Nursing Practice Act
- Standard of Practice
Nursing Practice Act
- Regulates nursing practice by legally defining and describing the scope of practice, protecting the public.
- Protects nurses' professional capacity.
- Each country has its act with a common purpose of protecting the public.
- Establishes minimum entry standards and distinguishes qualified from unqualified practitioners.
Standard of Practice
- Ensures competent and safe nursing practice by establishing standard practice.
- Professional organizations implement and establish standards.
- Describes responsibilities for which nurses are accountable.
- Reflects nursing profession values and practices, provides direction in professional practice, and offers frameworks for evaluating nursing practice.
- Defines accountability to the public and client outcomes.
- Standards are used in licensure, certification, accreditations, peer reviews, and public policy.
- Standards are maintained through appropriate entry to the profession.
Credentialing
- Determines and maintains competence in nursing practice.
- Credentials include licensure, registration, certification, and accreditation.
Licensure
- Legal permit granted by a government agency for professional practice and particular titles.
- Contains three criteria: need to protect public safety, clearly defined occupation with a separate area of work, and proper authority to license.
Registration
- Listing of an individual's name and information on an official governmental agency roster.
- Registered nurses can use the title "Registered Nurses."
Certification
- Validating that an individual nurse has met minimum standards of nursing competence in specialty areas (pediatrics, mental health, gerontology, school health).
Accreditation
- Process where a voluntary or governmental agency appraises institutions or programs to grant accredited status.
Common Malpractice Situations
- Medication errors: misreading labels, incorrect dosing, identifying the wrong patient, improper administration routes (IV instead of IM).
- Leaving objects inside a patient during surgery.
- Burning a patient.
- Patient falls due to improper rail use or unattended care.
- Ignoring patient complaints.
- Incorrectly identifying clients.
- Loss of client property (jewelry, money, eyeglasses, dentures).
Health-Related Legal Issues
- Abortion: nurse assistance for saving life/health of mother, does not perform independent abortion, treats patient's effects when no physician available. Reports criminal abortion in physician absence.
- Euthanasia: active or passive ending of life is not permissible for the nurse. Nurses should not assist, not collaborate with patient or relatives' requests.
- Organ Transplantation: nurse involves in procedure with clear agreement, donor's informed consent, and absence of mental illness. Advocates for human rights.
- Suicide: nurse removes items facilitating suicide (e.g., sharp objects, ropes, drugs). Nurse does not leave patient unattended.
Guidelines for Reporting Crimes, Torts, or Unsafe Practices
- Write clear descriptions and truthful statements.
- Get support from a trustworthy person before filing a report.
- Report through agency hierarchy beginning with the lowest level.
- Take accountability for reporting, signing reports.
- Follow through on the reporting process after reporting it.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Related Documents
Description
This quiz explores the fundamental concepts of law as it pertains to nursing and public health management. It covers the definitions, functions, and sources of law, as well as the legal responsibilities of nurses. Participants will also examine common legal issues and malpractice scenarios in the healthcare setting.
