Lecture 2 - ready for QUIZZ.pptx

Law in Nursing Law: "the sum total of rules and regulations by which a society is governed. As such, law is created by people and exists to regulate all persons"  Law in Nursing "Nursing practice is governed by many legal concepts. Knowledge of laws that affect nursing practi...

Law in Nursing Law: "the sum total of rules and regulations by which a society is governed. As such, law is created by people and exists to regulate all persons"  Law in Nursing "Nursing practice is governed by many legal concepts. Knowledge of laws that affect nursing practice is needed to ensure nurse’s decisions and action's in work area and also it will protect the nurse from liability  Types of Law Public law: it refers to the \body of law that deals with relationship between individuals and the government and the governmental agencies. It has 2 Types: Criminal law: Which deals with safety and welfare of the public. (protect society) Civil law: it is the body of the law that deals with relationship among private individuals. (enforces rights of individuals) Examples: 1. Criminal Law (1)Felony ‫لجناية‬11‫( ا‬most serious! Includes serious nature (e.g., murder) punishable by term in prison (2)Misdemeanor ‫لجنحة‬1‫ ا‬less serious punishable by a fine or short-term jail sentence, or both (e.g., a nurse who slaps a client’s face could be charged with a misdemeanor) Fraud – Robbery- Death due to lack of or incorrect nursing care  2- Civil Law Civil law : It is the body of the law that deals with relationship among private individuals. law that is administered between citizen and citizen usual y involve the violation of one individual’s rights by another individual ‫عادةً ما تنطوي على انتهاك حقوق فرد ما من قبل فرد آخ‬  2- Civil Law ‫ي‬#‫لمدن‬##‫لقانونا‬##‫قسم ا‬##‫ن‬ Civil law is classified into contract law and tort law ‫لضرر‬##‫لعقود وقانونا‬##‫انونا‬#‫لىق‬##‫إ‬ Contract law‫يات‬1‫فاق‬1‫ت‬1‫اكا‬1‫ته‬1‫ن‬1‫ ا‬: is the enforcement of agreements among private individuals. Tort law‫لضرر‬1‫ ا‬: it defines and enforces duties and rights among private individuals that are not based on the contractual agreement. e.g.: invasion of privacy, assault and battery‫اك‬1‫ته‬1‫ن‬1‫ا‬ ‫لضرب‬11‫العتداء وا‬1‫لخصوصية وا‬11‫ا‬  Tor t Tort: a civil wrong committed against a person or property 1. Intentional torts : injuries caused by willful/ harmful, forceful and aggressive behavior The outcome is planned Assault Battery Client abandonment False imprisonment  1.Intentional a)Assault ‫عتداء‬ torts ‫ال‬#‫ ا‬: threat or attempt to make bodily contact without another person’s consent; causes fear that battery about to occur Example: a nurse who threatens a client with an injection for refusing an oral medication b) Battery : assault carried out, impermissible touching; actual harm may or may not occur Example: Give patient vitamin injection against their will  1.Intentional torts – contd… ‫لعميل‬#‫لتخليعنا‬#‫ا‬ C ) Client abandonment: Abandonment occurs when the treatment relationship ends, but this necessary process does not occur, Examples: leaving the ward without a notice Being unavailable to other care providers because you are distracted by playing  Intentional torts – contd… d) False Imprisonment: Refers to restraining or restricting an individual’s freedom Examples: Applying physical restraints without doctor’s permission or with no justification  Tor t: 2. Unintentional torts: wrong committed against another person or property that was not intended to happen Malpractice Negligence  2 - Unintentional A) torts MALPRACTICE: “bad practice”: providing improper or unprofessional treatment or care that results in injury to a person closely related to negligence Example: Medications administered by a health care worker who has no training/knowledge of medications(like nursing assistant giving medications instead of nurse) Elements of Malpractice There are 6 elements that must be present for a case of nursing malpractice to be proven. 1. Duty: the nurse must have a relationship with the client that involves providing care and following an acceptable standard 2. Breach of duty ‫لواجب‬1‫ا‬111‫لب‬1‫إلخال‬1‫ا‬: standard of care that is expected in the specific situation but that the nurse did not observe. 3.Foreseeability: a link must exist between the nurse’s act and the injury occurred. Elements of Malpractice – contd.. 4.Causation: it must be proved that harm occurred as a direct result of nurse’s failure to follow the standard of care. 5.Harm or injury: the client must demonstrate some type of harm or injury ( physical, financial, or emotional) 6.Damages: if malpractice caused the injury, the nurse is held liable for damages that may be compensated.  2 - Unintentional torts –contd.. B) NEGLIGENCE: failure to give care that is normally expected of a person in a particular position, resulting in injury of another person Commission‫تكاب‬1‫ =ار‬doing something that should not have been done Omission ‫ل‬1‫إلغفا‬1‫ = ا‬failing to do things that should have been done Examples:  CATEGORIES OF NEGLIGENCE THAT RESULT IN MALPRACTICE 1.Failure to follow standards of care 2. Failure to use equipment in a responsible manner 3.Failure to communicate 4.Failure to document 5.Failure to assess and monitor 6.Failure to act as a patient advocate  CATEGORIES OF NEGLIGENCE THAT RESULT IN MALPRACTI contd… 1-Failure to follow standards of care Perform a complete admission assessment or design a plan of care Adhere to standardized protocol e.g.. using improper site of injection Fol ow physician's order or written orders.  CATEGORIES OF NEGLIGENCE THAT RESULT IN MALPRACTI contd… 2-Failure to use equipment in a responsible manner Fol ow the manufacturer's recommendation for operating equipment Learn how equipment functions Check equipment for safety before use Place equipment properly during treatment  2-Failure to use equipment in a responsible manner. Some sample situations that could cause malpractice allegations‫ت‬1‫عاءا‬1‫اد‬ against you may include: If you move the equipment before it is fully charged and the battery goes dead during critical transport. CATEGORIES OF NEGLIGENCE THAT RESULT IN MALPRACTICE- 3-Failure to communicate notify a physician in timely manner when condition warrant it Listen to a patient’s complaints and act on them Communicate effectively with a patient e.g. discharge instructions CATEGORIES OF NEGLIGENCE THAT RESULT IN MALPRACTICE- contd. 5-Failure to assess and monitor Complete a shift assessment Implement a plan of care Observe a patient ongoing progress Interpret patient’s signs and symptoms CATEGORIES OF NEGLIGENCE THAT RESULT IN MALPRACTICE- 4-Failure to document A patient progress and response to treatment Patient injuries Patient nursing assessment e.g. drug allergy Verbal orders from physicians and action taken Failure to document. Documentation showing evidence of nursing assessment and diagnosis, planning for nursing intervention, implementation and evaluation of planned interventions, and patient response. Introduction to Professional Ethics Page 32 CATEGORIES OF NEGLIGENCE THAT RESULT IN MALPRACTICE- contd. 6-Failure to act as a patient advocate Question discharge orders when patient's condition warrants it Question incomplete or illegal medical order provide a safe environment  Tor t: 2. 3. Quasi-intentional torts: it usually involves situations of communication and often violate a persona's reputation, personal privacy or civil rights. Invasion of Privacy‫ية‬1‫لخصوص‬11‫اكا‬1‫ته‬11‫ن‬ Defamation of character‫لشخصية‬1‫ا‬111‫لتشهير ب‬1‫ا‬  3. Quasi Intentional torts a) Invasion of privacy: unnecessary exposure of an individual or revealing personal information about an individual without consent Examples: Improper draping or covering of a patient during a procedure Sending information to an insurance company without the patient’s written permission Telling the newsmedia about patient  3-Quasi Intentional torts –contd.. b) Defamation of character: it is a communication that is false, or made with a careless disregard for the truth. Example : a nurse writes in her nurse’s notes that a physician is incompetent or telling a client that her colleague is incompetent Occurs when false statements cause one of the following: a.leads to a person being ridiculed b.damage to a person’s reputation Spoken Information is called Slander.‫سمى‬111‫لمنطوقة ت‬11‫معلومات‬11‫ل‬ ‫ا‬ ‫لقذف‬11‫ا‬.  Patient Bill of Rights and Responsibilities 1. The Right to Be Treated with Respect. 2. The Right to Obtain Your Medical Records. 3. The Right to Privacy of Your Medical Records. 4. The Right to Make a Treatment Choice. 5. The Right to Informed Consent. 6. The Right to Refuse Treatment. 7. The Right to Make Decisions About End-of-Life Care.  Saudi - Patient Bill of Rights The Saudi PBR defines patients' rights as “accessible health care that meets their needs, to be treated with respect, to receive understandable information, to be involved in treatment options and plans, to file a complaint and to the  Patient Bill of Rights and Responsibilities 1.Patients and their Reference: families have the right to health care www.moh.gov.sa 2.Knowledge of Rights and Responsibilities of Patients and their Families 3.Providing Health Care and Services Based on Respect and appreciation 4.Privacy and Confidentiality 5.Providing Protection and Safety 6.Healthcare Plan  Patient Bill of Rights and Responsibilities- contd… Reference: www.moh.gov.sa 7.Refusal of Treatment 8.Availability of Material Costs and Health Insurance Policy 9. Clarity and Comprehensiveness of Forms and Reports 10.Availability of Policies and Procedures for Complaints and suggestions 11.Availability of Policies and Procedures for Organ and