Provided the nurse exercises reasonable care and skill in the circumstances, there would be no breach of the duty of care. Upon completion of this chapter, the reader will have gained insights into: The author acknowledges that material for this chapter was drawn from a previously published work: Mair J, Blackmore K 1992. Damage may be physical, mental, financial, or a combination of these. Nursing negligence can result in significant injuries and wrongful death in a variety of situations. Good evening my professional colleagues, I feel honored to deliver a paper to like minds in this group. Nurses should develop a deeper understanding of the legal system in which they practice, and the laws that govern clinical practice, through lectures and further reading. Common law laws evolviNg from courtdecisioNs are referred … The duty of care is to avoid unreasonable risk of harm to another. Common Law. Drug or alcohol abuse. Legislation can create new law that is not known at common law. Credentialing. 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. 23. Regulatory law. 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. Our order and rules. 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). The law can impose a duty of care in circumstances where a class of persons is likely to be affected now or in the future. Is enacted by the legislative body. Quasi-intentional torts are acts in which intent is lacking but volitional action and direct causation occur such as in invasion … 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… Legal Implications in Nursing Practice MOHAMMED ALHABSI INDANAN Clinical Instructor King Abdul Aziz Specialist Hospital- Taif Kingdom of Saudi Arabia 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. Once known, the question arises as to whether the newly discovered ‘foreseeable’ risk is an ‘unreasonable risk’. In 2002, the New South Wales Parliament enacted the. Fraud, deceptive practice. Once the plaintiff has proved that the nurse’s breach of duty caused damage that was reasonably foreseeable, the defendant will be held liable to compensate for that damage and any further loss that flows reasonably and naturally upon the initial injury. Legislation in all jurisdictions provides for limitation periods to apply for civil claims in the courts (e.g. A court exercising equitable jurisdiction can issue an injunction to require another to desist from doing something, or can make an order for specific performance to a defaulting party under a valid contract to perform their part of the contract. • legal rules governing the registration and discipline of nursing. Professional and Legal Regulation of Nursing Practice. October 23, 2018. from a person whose brain has ceased to function but whose heart and lung activity is being sustained artificially. Original Presentation: October 27, 2015 Short Description: The presentation focused on minimizing the discipline risk in nursing practice. It is within these jurisdictions, as well as in England, that law relevant to nursing practice has developed. Practicing without a current and valid license is illegal and it amounts to pra… By the very nature of their practice, nurses are engaged in close physical contact with patients. Statutory laws are written on a state level, since licensure is granted by individual states, while common laws can go beyond what is covered by statutory law. Torts are classified as intentional, quasi-intentional, or unintentional. An example of this is Brown VS Board of education that declared segregated schools unconstitutional. 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. 1) n. custom or habit as shown by repeated action, as in "it is the practice in the industry to confirm orders before shipping." Healthcare cannot be delivered without laws governing practice and regulations to ensure safe patient care. B.American Nurses Association: “The practice of nursing means the performance for compensation of professional … the fact that giving Thalidomide to pregnant women to treat morning sickness can cause phocomelia in the unborn). Thus an injured person is required to take reasonable steps to reduce the effects of (ameliorate) the harm caused. The common law remains the major source of law covering clinical practice. may not be reasonably foreseeable if the patient suffers some reaction to a drug which is idiopathic that could not have been anticipated with all proper care and history taking. All people living in a society are expected to take some care for themselves and cannot complain if they suffer loss or injury from an accepted risk of harm. Throughout the years judge-made law regarding nursing practice has accumulated in the form of written opinions. Nurses who claim to have special skills will be required to exhibit a higher standard of care. 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 higher standard of care will be required for a patient recovering from a general anaesthetic following surgery than for a patient who is fully conscious and has been returned to the ward. Litigation against healthcare professionals has increased as healthcare consumers become more aware of their legal rights and, as the law develops, to recognise more factual circumstances that can give rise to a legal action. Cases that have an important impact on the common law are reported in law reports relevant to particular courts. Operating alongside these changes is a higher patient expectation of a good outcome from the delivery of healthcare services. Connecting clinical and theoretical knowledge for practice, 15. 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). The Importance of Nursing Standards in Health Care Law Nursing standards are vital to the success of any care provider organization, because they establish professional expectations for nurses. Licensure. Common law constantly evolves from previous decisions and changing custom. Less important cases are unreported but can still be accessed. Thus the conduct of a nurse will be measured against that of the ‘hypothetical reasonably competent nurse’. 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