Legal Framework of Vocational Nursing and nucleation

UNIT I
Legal Medicine: its history and its development in Argentina. Law, definition, d
ivision, nature and functions. His relationship with nursing. Organization of Ju
stice. The current legislation.
Prof. Ms. MarÍa Raquel RodrÍguez Nurse Examiner
LEGAL MEDICINE
"Medical specialty that meets the medical knowledge that are useful for the admi
nistration of justice" is the application of medical knowledge to legal problems
arising from or legislate "
Medical
Lawyer
Science has: Subject = Knowledge - Study advice = biological methods - cs. Fin =
application to social regulation
LEGAL MEDICINE
Features
It is a specialty diagnostic The most important document of legal medicine is th
e opinion of forensic patients living in the forecast dictates medical-legal cri
teria: scientific analysis geared to the needs of the administration of justice
that the forensic medical facts made on any medical specialty . Which means the
lawyer understandable medical aspects.
LEGAL MEDICINE
Areas of Legal Medicine: Clinical Forensic Medicine Forensic Pathology Forensic
Psychiatry Forensic Science:
Ballistics Analytical Toxicology Document Analysis Study Immunohematology finger
prints and hair fibers in a motor vehicle damage analysis of blood stains
LEGAL MEDICINE
History of Legal Medicine
The first legal medical expert was Imhotep (Egypt, 3000 BC), the highest judicia
l authority of King Zoser, in this era of professional misconduct is punished se
verely. The Law of the Twelve Tables, the oldest Roman law code (451-450 BC) con
tains rules about the duration of pregnancy and the responsibility of the mental
ly ill. Galen provides Docimasia, try which put a body to tell if it worked or w
hat was functional status before death. Pomplio Numa ordered doctors to test wom
en who died. The Code of Justinian (529-564 AD) in Rome, governed the practice o
f medicine, surgery and obstetrics, imposing penalties for malpractice. The Hsi
Yuan Lu (S. XIII) written by a Chinese court classified the lesions according to
the instrument that caused them and their severity. The first book of Forensic
Medicine was written in China in 1248, by Hsi Yuen Lu. It consisted of three vol
umes: one on abortions, the second on assault and battery and the third on stran
gulation and suffocation other. In 1209 Pope Innocent III issued a decree in whi
ch physicians were required to visit the wounded by court order. Carlo Magno Cen
tury Chapter XIV: Judges must rely on medical reports. Paris 1311, King Philip s
et of legal medicine as an organization. Faculty: Montpellier obtained permissio
n to perform autopsies fifteenth century begin to make forensic expert in cases
of abortion, murder, infanticide, etc.
LEGAL MEDICINE
In the sixteenth century we find the introduction of medical expertise in the In
stitutio Criminalis Carolina. In 1537 Charles V promulgate the Carolino Code whi
ch stipulates the obligation of the physician assistant judges. Ambroise Pare pr
ecursor of modern forensic medicine, gives the name of Forensic Medicine in the
specialty, provides the methodology for forensic reports and discover simulated
disease. In 1575 he published his first work in forensics, "From the reports and
the means of embalming the bodies." He also commented on suffocation, injuries,
virginity, witchcraft and multiple pregnancies. In the seventeenth century the
edict of Henry IV imposes the medical corps with forensic work. Zacchia Paulo (1
651) recognized as a precursor of modern forensic medicine forensic Questiones f
or his work. Zacchia's work was about death, helplessness, miracles, etc. In the
eighteenth century shows the great development of scientific research, medicine
and therefore of Legal Medicine. The birth, death, corpse-like phenomena, etc.,
Are putting aside some of the prejudices of the past.
LEGAL MEDICINE
In our country, medicolegal issues were covered by Protomedicato by Gorman, Fabr
e and Argerich. In 1822 creates the post of doctor of Police and in 1880 the Med
ical Corps of the Courts. In 1896, Law 3379 created the Institute of Legal Medic
ine and Judicial Morgue. Emilio Mercado "Legal Medicine is the medicine of life
and death" (1886) established the Forensic Department of the Capital, an organiz
ation that since then, with modifications in its name, has acted as adviser to t
he Justice regarding issues related to medicine.
LEGAL MEDICINE
The unusual developments in medicine has scientific research thanks to all makes
incomprehensible Legal Medicine. Now required: Be more experts coroner basic sp
ecialties eg psychiatry, clinical medicine, hematology, orthopedics, obstetrics,
etc.
LAW
Divine Law: Moral / Natural Law.
set of rules of conduct promulgated by God to mankind through the right reason.
Human law: positive law of each nation
That which emanates from the people, society, and must obey the above to be fair
and legitimate.
LAW
Etymology The word law derives from the Latin word "directum" which means "what
is under the rule of law, the rule"
The representation of the Goddess Justice shows the goddess equipped with three
symbols of law: the sword symbolizes the state's coercive power, the balance rep
resents the balance between the rights of the litigants, and the blindfold repre
sents fairness.
LAW
The law is normative and institutional order of human behavior in society inspir
ed by tenets of justice, which are the basic social relations that determine its
content and character. In other words, is the set of rules governing social int
eraction and to settle interpersonal conflicts.
LAW
Sources of law
The Constitution: fundamental rule of a sovereign state, established or accepted
to govern it the Law: a rule of law is dictated by the legislature for the good
of the governed The Court: repeated interpretations of the legal standards the
courts make their decisions , and may be one of the sources of law, according to
country custom: rooted social practice, and even a continuous repetition of an
act. The legal business: an act of private autonomy prescriptive content recogni
tion and protection by the legal system. The General Principles of the Law: are
the more general policy statements, without being integrated into the legal syst
em under formal procedures are understood to be part of it eg Legality. The Doct
rine: views of prestigious jurists on a particular subject, although not a forma
l source of law.
LAW
If the rule refers to the State as public, is public law, if it relates to indiv
iduals who act devoid of any character of political power, is private law. It is
said that private law rules tend to favor the private interests of individuals,
while the rules of public law would be chaired by the attainment of some public
interest.
LAW
Law Division
1. Public Law:
Constitutional Law: studying the organization of state powers and rights and int
erests of rulers Administrative Law: is study the functioning and organization o
f public administration. Criminal law, that determines the suppression of acts t
hat endanger the survival of the peaceful social coexistence. Public Internation
al Law: regulating the relations of the various States among themselves. Litigat
ion: implements the way they give effect to the rights body Courts
LAW
Law Division 2. Private Law are:
Civil law: the common core of which were, and continue, ripping different subjec
ts. Study the concept of person, their attributes, civil contracts. It also incl
udes family law and inheritance rights after the death of the person. Family law
also tends to separate from this common origin and have a regulation itself. Co
mmercial Law: governs the relationship between merchants and the consequences of
acts of trade. Labour law, that governs relations between employers and employe
es
Pyramid of the hierarchy in the order law
Const. Nat Code Laws: Civil, P
Concept of Law
A law is a mandatory provision, which emanates from the state legislature, which
regulates human relationships, guiding and directing the activities of men in s
ocial life.
Features of the law is general and compulsory, and there is therefore a sanction
for failure to comply.
Law No. 24 004, 298 and 12 245 for the Practice of Nursing and Ministerial Resol
ution 194/95
Define the two levels that recognize the Exercise of Nursing (Professional and A
uxiliary), and the incumbencies that corresponds to each level. Standards Organi
zation of Nursing Services R. M. 194/95 Expand what action areas of professional
licenses and regulates the practice of nursing as an employee, or autonomously
(eg, Intensive Care, Home Care).€Authorizes and limits the practice of nursing
activity only to persons covered by it.
Ie, the Civil Code
Civil Code and Penal Code Argentino
Disclaimer: Any person who commits an act which by its fault or negligence cause
s harm to another is obliged to repair the damage. (Art. 1109 CC) .... For its p
art the Penal Code: Establishes imprisonment for persons who commit malpractice.
 (Art. 84 CP.)
Professional Responsibility
Concerning the duty to take charge and accountable for actions arising from the
exercise of any profession.
Failure to do so may result in an offense that can be of two types:
It is that which derives from the injury with intent. Crime fault: It is derived
from the damage caused unintentionally.
Crime:
Frequently Health Crimes
Professional intrusion. Illegal practice of a profession. Theft or destruction o
f evidence. Malpractice - of skill, - Negligence - Recklessness or overreaching,
- Failure to comply with the regulations or duties of his office or profession.
Violation of professional secrecy. Omission of informed consent. Failure of the
legal duties of the professionals:
Care, Monitoring, Performance, Reporting, and others.
Violation of privacy or intimacy of the patient.
Professional intrusion and illegal practice of a profession.
Professional intrusion: Exercise of professional activities by persons not legal
ly authorized to do, it is the usurpation of functions. Illegal Strike: The prac
tice of the activity of a health profession without a title or authorization or
exceeding the limits of the authority, constitutes criminal figure.
Legal cases
Iatrogenic:
Injury or illness to the proper exercise and produce a professional blameless in
the performance of their duties.
Error:
It is a false interpretation of reality, without malice.
Malpractice:
Improper exercise of any profession.
Guilt: It is understood by the absence of behavior
caused both by action and by omission, to prevent or predict injury. (Art. 512 C
ód.Civil).
Guilt
Incompetence: total or partial lack of knowledge, Neglect: Neglect, omission or
make less
of what is owed. experience or skill in the exercise of their profession.
Recklessness or overreaching: The
excess or lack of foresight, to go beyond what is appropriate.
Failure to comply with the regulations or duties of his office or profession: Do
not meet them when they are provided
for the proper action.
Patient Rights
Informed consent and Nursing This is respect: self-determination or autonomy of
the patient. The patient's right to accept or refuse treatment. Fulfill the obli
gation of providers of health services, to provide adequate information regardin
g: Treatment options. Risk versus benefits. Desired and expected results of ther
apies or procedures. Possible complications and undesirable side effects. Altern
ative treatments.
Informed Consent Requirements
AThe patient must be able and ability to reason and make decisions. AThe decisio
n must be voluntary and without coercion. AThe patient must have a clear idea of
the risks and benefits of proposed treatment. AThe patient should not be under
the influence of sedatives at the time of giving consent.
Nurses disputes
Grounds
1) Patient-informed 2) Availability of lawyers 3) Liability of Nursing 4) Comple
xity of care 5) Shortage of Nurses 6) Ignorance of the Law
Legal Aspects in the Practice of Nursing assume that:
Every professional must know and know what is and what orders the legal framewor
k governing the exercise of their profession, namely regarding the rights and ob
ligations are as a professional.
Therefore "we can not ignore the contents of the law governing the exercise of t
heir profession"
"It's not argue mitigating ignore a law, not to follow"
Patient
client
user
First, it is
"Person"
As such must be respected
"IS NOT A CHOICE ... .... It is an obligation."