It is within parliamentary law that significant differences can arise. Common law is created through cases heard and decided in federal and state appellate courts. Thus an injured person is required to take reasonable steps to reduce the effects of (ameliorate) the harm caused. This introduction is necessarily brief, and does not cover all aspects of the law that affect nursing practice. Throughout the years judge-made law regarding nursing practice has accumulated in the form of written opinions. Becoming part of a multidisciplinary healthcare team. 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. A tort is a civil wrong made against a person or property. These include a) self regulation and b) statutory regulations. Practicing without a current and valid license is illegal and it amounts to pra… Less important cases are unreported but can still be accessed. This is called the ‘egg-shell skull rule’. Laws that have evolved from court decisions; it is continually adapted and expanded. It is a nurse's responsibility to be informed on both the NPA and common law of judicial case law for the state(s) in which they are … a person who contracts HIV through a blood transfusion may not be aware that they have contracted the disease until sometime after the expiration of a limitation period). In some cases the law will hold that a particular risk, which may normally be considered ‘unreasonable’, may be taken to avoid a greater risk of harm. Individual states/territories may enact parliamentary law to govern particular matters, while other states/territories may leave such matters to be covered by common law. OVERCOMING DISINCENTIVES IN RURAL PRACTICE 219 Nursing and the Law Ms Pat Staunton President Australian Nurses Federation (NSW) I I was asked to speak on this issue for two reasons I suspect. Any nurse, who do not oblige to these rules, codes of the hospital, and causes harm or injury to any patient, may be liable. Civil laws can branch from either statutory or common law. Thus the clinical nurse specialist will be measured against the standard of the reasonably competent clinical nurse specialist, while the general ward staff will be measured against the standard expected of the reasonably proficient general ward nurse. Legal Implications in Nursing Practice MOHAMMED ALHABSI INDANAN Clinical Instructor King Abdul Aziz Specialist Hospital- Taif Kingdom of Saudi Arabia WB Saunders/Baillière Tindall, Sydney. The NMBA regulates the practice of nursing and midwifery in Australia, and one of its key roles is to protect the public. 1) n. custom or habit as shown by repeated action, as in "it is the practice in the industry to confirm orders before shipping." As the independent regulator for nurses, midwives and nursing associates, what we do is set out by legislation. For example, not all states/territories have legislated to control the reproductive technologies and those that have are not identical. Torts are classified as intentional, quasi-intentional, or unintentional. Nurses who claim to have special skills will be required to exhibit a higher standard of care. Additional Resources: Teleconference Handout Presenter: Trudy Button, To prove a direct causal connection, the ‘but for’ test can be applied. 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. Tagged: common law in nursing practice . Provided the nurse exercises reasonable care and skill in the circumstances, there would be no breach of the duty of care. For example, if a particular harm is known to occur frequently as a result of particular acts or omissions, then the law is likely to hold that these will give rise to a duty of care. At the end of the trial, the members of the jury were instructed by the judge to use their “common knowledge” to decide if the nurses strayed from their duty while caring for Ms. Chin. 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. All registered and licensed practical, or vocational, nurses must be currently licensed to practice nursing in their state of practice. Whether or not a breach of the duty of care has occurred requires consideration of the standard of care required in the circumstances. 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. Nurse practice acts. 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. Common law consists of the application of legal principles developed in past cases to determine the outcome of present cases. • Do not park on double yellow lines – parking on double yellow lines constitutes a road traffic Finally, the plaintiff must prove causation—that is, that the breach of duty caused the alleged harm. Nurses need to work within the context of civil law, as it relates to: patient safety; negligent advice; patient consent; patient freedom of movement; and patients’ property. : STATE BOARDS OF NURSINGWRITES RULES AND REGULATIONS TOENFORCE & IMPLEMENT NURSEPRACTICE ACT, WHICH WAS CREATEDBY STATUTORY LAW. October 23, 2018. Differences in law from state to state and territory are less obvious in common law cases. Statutory/Legislative Law. The standard of care required can vary according to the condition of the patient and the patient’s capacity for self-care. A nurse involved in resuscitating a person at an accident site away from a well-equipped hospital with trained staff at hand can only be expected to provide the standard of care that is reasonable in the circumstances. As noted above, civil law involves legal actions taken by complainants against another, or others, seeking a civil remedy for a legally recognised wrong. 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… 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. Common Law. Damage is the gist of the case in an action of negligence; a plaintiff must prove that foreseeable damage resulted from a breach of duty by the nurse. Notwithstanding that a limitation period has lapsed, it is usually possible to apply to a court to extend a limitation period in prescribed circumstances (e.g. Licensure protects the consuming public and insures that the nurse has completed a state approved nursing school, has successfully passed their licensure examination and has also continuously met the requirement(s) for relicensure each biennium without any suspensions or revocations of their license. Good evening my professional colleagues, I feel honored to deliver a paper to like minds in this group. Nurses at all levels and in all facets of specialization should comply with strict ethical guidelines and operates as per various governmental and regulatory statutes. 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. 23. Accreditation. Our legislation. The patient was suffering from severe shock caused by severe postpartum haemorrhage and the hot water bottles had been applied as a part of emergency treatment (, Clearly, a duty of care will exist to avoid unreasonable risk of harm to patients receiving nursing care. This is sometimes referred to as ‘balancing the risks’. This chapter serves as an introduction to law relevant to nursing practice. Thus a nurse who causes the death of a patient intentionally or recklessly could be charged with murder or manslaughter many years after the event should evidence to support such a charge arise. 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