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Nurses have more responsibility Increased numbers of Advanced Practice Nurses Law is there to assist in the decision-making
Law is for the protection of nursing practice Law is there for the identification of the risk of
liability
Law is established for the welfare of society Law is not stagnant--changes when society s
directs a change
Branch of civil law Most common law affecting nursing practice Concerns legal wrongs committed by one person against another person or property of another Catgorized into: unintentional and intentional
(omission) or to perform an act (comission) that a reasonable person would or would not do in a similar situation involves harm resulting from the failure of people conducting themselves in a reasonable and prudent ways
education Reflects negligence Not all negligence is malpractice Common causes: medication errors, not clarifying an incomplete or ambiguous order, and technique in giving injections
Medical malpractice: negligent acts of any health care professional when conducting patient care responsibilities Nursing malpractice: refers specifically to nurses conducting their patient care responsibilities
Assault Battery False imprisonment Invasion of privacy Defamation of character Libel Slander
including fright and humiliation and a threat to touch a person without justification such as If you don t I will force you Does not include actual contact
contacts with one s person or extension of the body such as clothing, object in the hand, car, etc Absence of the plaintiff s consent to the defendant s contact May include: Touching in an embarrasing or wrngful way, causing injury or without permission
Grounds for civil actions regarding assault and battery include: Forcefully handling an unconscious patient Forcing patient out of bed to walk Forcing patient to submit to treatment even if consent had been signed Lifting a protesting patient from bed to stretcher or chair Threatening to strike or striking a child or adult unless in self- defense
False Imprisonment Willful detention without consent or authority of law Intentional infringement of the right of a person to move freely and without hindrance The client has the right to leave even if that is harmful to that person unless the person is considered incompetent or committed to a legal process
Constitution > Defines the structure, power and limits of government and it guarantees citizens certain fundamental rights
Statutory or Legislative law Passed by local, state or federal legislators Regulates employment issues like worker s
compensation and health & retirement benefits and can be expanded, amended or repealed by action of legislature
statutory laws Administrative laws are valid only when they are within the scope of the authority granted to them by the legislative body State boards of nursing are administrative agencies that implement and enforce the state nurse practice act
Court decisions Are called tort laws Interprets most malpractice law Initial trial courts usually have single judge,
intermediary appeal courts have three justices and the highest court of appeals have nine justices Two levels of court: Trial and Appellate Supreme Court is the highest appellate court and hears and determines appeals from the division courts and constitutional questions