2. MEANING OF LAW The Law constitutes body of principles recognized or enforced by public and regular tribunals has the administration of justice. -Pound The Law is a system of rights and obligations which the state enforces. -Green

3. TYPES OF LAWS Civil Laws - includes rules and regulations that specify the required course of action to be followed by an individual in business and social relationship with others. Criminal Laws -defines offences that affect public welfare and security and impose penalties.

4. SOURCES OF LAW Constitutional Law: determines the structure of the state, its power and duties and it also determines the form of government and its relationship with various organs of the government.

5. Statutory Laws- regularize the relationship between citizens and the state, between individuals and the group and in between individuals and others. They are created by elected legislative bodies of state or administrative bodies such as Indian Nursing Council. eg. Indian Civil Marriage Act.

6. Common Law- is a body of legal principles that has evolved from court decisions. Administrative Law- consists of rules and regulations established by administrative agencies, that have been made by executive branch of Government.( President/ Governor).

7. VALUE OF LAW IN NURSING

8. Illness and injury render a person unusually dependent on care givers. Of all the health care personals, nursing personnel have most frequent and prolonged contact with the patient.

9. Most of the nursing activities are characterized by intimate touching, critical judgment, skillful manipulation and protective vigilance. Ignorance, carelessness or malice would render nurse ministrations ineffective or harmful.

10. Thus nursing practice is regulated by Laws that protect the patients against deliberate to inadvertent injury by a nurse.

11. LEGAL RESPONSIBILITY Legal responsibility in nursing practice means the way in which nurses are obliged to obey the law in professional activities.

12. MEANING OF TORT The word TORT is from a Latin word TORATAM which means to “twist”. The word tort is equivalent to English word “wrong”.

13. TORT IS CONSTITUTED IF: Act or omission Wrongful act or omission must be recognized by law Legal Damage Legal Remedy Vicarious Liability

14. TORT INTENTIONAL UNINTENTIONAL

15. INTENTIONAL TORT NEGLIGENCE MALPRACTICE

16. NEGLIGENCE Negligence is the failure of an individual to do something that a reasonably prudent person would do. Or It is a commission of act in particular circumstances in standard of care which a nurse is legally bound, would not do under similar circumstances.

17. COMMON NEGLIGENCES Failure to use aseptic technique where required. Leaving a foreign object in a patient’s body during surgery, i.e. errors in sponge, instruments, needle count in surgical cases. Failing to respond promptly to patients symptoms in pending disaster. Failure to protect an infirm patient from falling, falls resulting injuries to patients.

18. Administering wrong medications to patients. Administering a medication improperly, i.e. intravenous therapy, errors resulting infiltration or phlebitis. Administering a care in such a manner that a patient suffers injury, e.g. improper handling of hat water bag, burns to clients.

19. MALPRACTICE Malpractice is a negligence or carelessness by a professional person. So, it concerns professional actions and in the failure of the person with professional education and skills to act in a reasonable and prudent manner.

20. SIX ELEMENTS IN MALPRACTICE 1) The nurse(defendant) owed a duty to the client(the plaintiff). e.g failure to monitor response to treatment. 2) Breach of duty of care owed to the patient. e.g failure to communicate the change of status to other care provider. 3) Foresee ability not maintained. e.g falling of children in pediatric wards.

21. 4) Evidence of caution. e.g failure to provide education. 5) Evidence that nurses failure was direct cause of client injury. e.g falls. 6) Evidence of damage.

22. UNUSUAL MALPRACTICE IN NURSING MANAGEMENT Issues of delegation and supervisionIssues related to staffing

24. ISSUES IN NURSE CLIENT RELATIONSHIPS

25. ASSAULT

26. BATTERY

27. INVASION OF PRIVACY

28. DEFAMATION OF CHARACTER SLANDER LIBEL

29. INFORMED CONSENT

30. LEGAL SAFEGAURDS IN NURSING PRACTICE LICENTURE GOOD SAMARITAN LAWS GOOD RAPPORT STANDARDS OF CARE

31. STANDING ORDERS CONTRACTS CONSENT OF OPERATION AND OTHAR PROCEDURES CORRECT IDENTITY

32. COUNTING OF SPONGE, INSTRUMENTS AND NEEDLES. DRUGS MAINTAINANCE SELF DISCHARGE OF PATIENTS PROFESSIONAL CONFIDENCE

33. DOCUMENTATION PATIENT’S PROPERTY MAKING OF WILLS AND SIGNING LEGAL DOCUMENTS SUSPICION OF THEFT REPORTING

34. LEGAL RESPONSIBILITIES OF NURSE OF APPOINTING AND ASSIGNING IN QUALITY CONTROL FOR EQUIPMENT FOR OBSERVATION AND REPORTING TO PROTECT PUBLIC FOR RECORD KEEPING AND REPORTING FOR DEATH AND DYING