LEGAL AND ETHICAL ISSUES IN NURSING

LEGAL STANDARDS
Some things are right or wrong by laws

NURSING ETHICS
A standard for professional behavior
A guide to identify our conduct in relation to
NURSING ETHICS
A standard for professional behavior
A guide to identify our conduct in relation to

PATIENTS
FELLOW NURSES
HEALTH CARE TEAM
OUR COMMUNITY
OUR PROFESSION

STANDARDS

current license
know scope of practice
commit to fulfill legal responsibility
accountability
meet ethical / moral obligations of practice of nursing

PRACTICE

acceptance of assignments
know limitations and function accordingly
work for good of the patient
(patient advocacy)
work within the framework of the nursing
process

CONTINUING EDUCATION

to maintain highest professional competence

toward career goals
legal requirements
opportunities
Public Law:
Constitutional Law—defines/limits powers of governments
Statutory Law—enacted by legislative bodies,state boards and professional
practice acts
Administrative Law—appointed to agencies entrusted to enforce
statutory laws

NURSING LIABILITY:

Physician’s orders—nursing responsibility

Floating Assignments—limitations/scope of practice
Inadequate Staffing---notify administration/do not leave unit
Critical Care—assessment skills
Pediatric Care---child abuse, safe dose ranges, legal custody

Classifications

Criminal Law—-felonies / misdemeanors

Civil Law—-relationships
written—-contracts
acts—-”Tort” laws

Tort—a wrongful act or failure to act that causes

injury to person or property

Intentional torts:
Assault and Battery
Defamation---libel/slander
False Imprisonment—restraints
Leaving against Medical Advice (AMA)
Invasion of Privacy---confidentiality

Unintentional torts: Negligence and Malpractice

Negligence is a tort—-a failure to provide degree of care
an ordinarily prudent person would to prevent injury

Most malpractice is some form of negligence.

Types of negligence

Contributory negligence

Comparative negligence