Chapter 3 LEGAL AND ETHICAL ASPECTS OF NURSING PRACTICE
LEGAL ASPECTS OF NURSING PRACTICE
The functions of the law in nursing are summarised in Clinical Interest Box 3.1.
CLINICAL INTEREST BOX 3.1 Functions of law in nursing
The law serves a number of functions in nursing:
ACTS OF PARLIAMENT
AREAS OF LEGAL LIABILITY IN NURSING
The nurse has a responsibility to be aware of certain legal principles, specifically in relation to:
STANDARDS OF CARE
Each source defines standards of nursing care; for example, a Nurses Board defines the scope of nursing practice; professional organisations develop standards for nursing services in policy statements, and the employing health care agency develops written policies and protocols that detail how nurses are to perform their duties. Australian nurses are also required to adhere to the Code of Professional Conduct for Nurses in Australia (ANMC 2003, see Online Resources at the end of this chapter).
NEGLIGENCE
A plaintiff must prove three elements to succeed in an action for negligence:
CLINICAL INTEREST BOX 3.3 Categories of negligence that result in malpractice
Failure to follow standards of care, including failure to:
Failure to use equipment in a responsible manner, including failure to:
Failure to communicate, including failure to: