PPT On Legislative Issues In Nursing

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 Legislative Issues In Nursing Presentation Transcript

 1. INTRODUCTION
           In today’s complex world, with advancing technologies and an array of societal problems legal issues are important aspects of life. For nurses in practice within the current health care system, knowledge of basic legal concepts is vital.

2.DEFINITIONS

•    Legislation -Legislative bodies exist into enact legislation. The legislative process is a series of steps that a legislative body takes to evaluate, amend and vote on proposed legislation.
•    Issues    -To promote or sent out. In a lawsuit, a disputed pointed of law or question of fact set forth in the pleading that is alleged by one party and denied by the other.
•    Law - The law constituents’ body of principles recognized or enforced by public and regular tribunals has the administration place.
•  Civil law- Civil law protects the right of individuals with in our society and encourages fair and equitable treatment among people.
•  Criminal law -Criminal law prevents harm to society and provides punishment for crones

3.   LEGAL LIMITS OF NURSING

• Standard of care
• Registration
• Nursing council acts.
• Rules and regulations
• Standard operating procedure
• Student nurses

4. LEGAL LIABILITY IN NURSING

1.    Invasion of privacy
2.    Illegal detention
3.    Torts
4.    Unintentional torts
5.    Intentional tort

  1. Invasion of privacy
           The 4th amendment of the U.S. constitution protects every citizen’s right to privacy. Disclosing confidential information to an inappropriate third party or to unauthorized person such as a member of the press or the client’s employer subjects the nurse to a possible slander change or liability.

 2. Illegal detention
           Prevention of movement or unjustified retention of a person without consent may be false imprisonment. Nurses must use restrains carefully and under the approval of a physician. A patient can not be forced to remain in the hospital against his will.

3.Torts
     A tort is a civil wring for which remedy is a common law action for damage that are liquidated and which is not exclusively the breach of contract or trust or a more equitable obligation.
Act of omission   In order to make a person liable for a tort, he must have done some act which he is not expected to must have failed to do his duties.

4.Unintentional torts
1. Negligence/malpractice
        It is an act of omission i.e. neglecting to a something that a reasonably prudent person would do or doing something that he would not do that complaints should contain the following 4 distinct elements
A statement that the defendant has the duty to perform in a certain manner.
An allegation that there was a breath of that duty.
A statement of proximate cause proved by the court
A demand for compensation the cover damages.
   In a malpractice law suit, against a nurse, the following criteria must be established.

• The nurse owed a duty to the client.
• The nurse did not carry out that duty.
• The client was injured.
• The client’s injury was the result of the nurse’s failure carryout the duty properly.

5.Intentional tort

• Assault and battery- Assault is the threat touching another person without his or her consent. Battery is the actual carrying out of such a threat; battery is any intentional touching of another’s body.
• Defamation of character -This includes false communication or communication resulting in injury to a person’s reputation by means of print, by speech. The important issues in a claim of defamation of character are whether harm is done to the reputation of plan off
•  Fraud- It is the willful, purposeful and misrepresentative of self or an act that may cause harm to a person or property.

5. LEGAL CONCEPTS AND THE NURSE CLIENT RELATIONSHIP

• Informed consent
• Death and dying
• Handling of bodies
• Autopsy
• Organ donation
• Short staffing
• Legal safe guards and nursing practice
• Living wills

6.LEGAL ISSUES IN SPECIALTY PRACTICE AREA

• Perinatal nursing
• Pediatric nursing
• Medical surgical nursing
• Critical care unit
• Non – discrimination
• Psychiatric nursing

7.LAWS APPLICABLE TO NURSING PRACTICE

• The right to refuse to treat a patient except in an emergency situation.
• The right to sue for fees.
• The right to add little or descriptions to the name.
• Unregistered practitioners are not allowed to hold appointments in public or local hospitals.
• Fundamental duties.

8.FUNDAMENTAL DUTIES

• To exercise a reasonable degree of skill and knowledge in treating patients.
• A practitioner must given personnel attention to her/his cases and answer calls with reasonable.
• Children must be protected from harming themselves.
• The Indian penal code states that poisonous drug be kept in separate containers properly labeled marked.

9. COMMON LEGAL HAZARDS IN NURSING
           Many hazards can be found in the environment of the institution such as slippery floor, faculty, equipment and electric writing absence of bedside rails when required, presence of inflammable substance, inadequate protection from stray animals inadequate lighting etc.

10. FOR MORE INFORMATION REFER TO PPT.

11. THANK YOU