It is important for caregivers to acknowledge that they are legally responsible for their own actions and that while the EN operates under the supervision of a registered nurse (RN), this does not absolve them of personal responsibility. Nurses have a responsibility to themselves and their clients to refuse to engage in an activity if: The nurse is responsible for knowing certain legal principles, including: By establishing the conditions under which a nurse may practise in each of the categories of registration, the law protects the community by allowing the nurse, who is qualified, to considered safe and competent for the practice of nursing. Nurses who do not meet the requirements of the relevant Nurse or Nursing Registration Act cannot work as nurses. Currently, a nursing certificate or renewal of registration must be obtained annually from each state or territory Council of Nurses from a person who is registered or registered and intends to practice in a branch of nursing. It is the responsibility of each nurse to ensure that registration fees are paid each year. A contract is an agreement between the parties that is legally enforceable because of the reciprocity of the agreement and the obligation. A contract establishes rights and obligations that are protected and enforced by law. A contract can be entered into in writing or impliedly, for example: the agreement between a client and a health agency to which he is authorized. Although the client does not have to sign a document, he has entered into a contract for the nature and scope of the proposed treatment.
Private clients enter into a contract with their doctor. Some states and territories now have a separate registry for midwives, as new training programs mean that in some jurisdictions it is possible to become a midwife through direct entry through a bachelor`s degree in midwifery. In addition, all states and territories have now passed legislation allowing for the protection of the title “nurse” (Staunton & Chiarella 2008). As I studied the legal and ethical aspects of nursing practice, I began to realize that nursing is a very responsible job and began to worry about what might happen if I did something wrong in the clinical field. However, it became clear in the lectures that we as nurses work in situations that give us the privilege of working with individuals, including taking care of their physical and emotional needs. The laws define the limits of this privilege and specify the rights and duties of nurses. I always thought that as long as I kept this in mind and followed them, I would always give clients that I would be the best care in my practice. The likelihood of injury to a client and the risk of liability are reduced if the nurse adheres to the principles of sound nursing practice and follows established guidelines for standards of care. Clinical Case Box 3.3 lists examples of nursing errors that can lead to negligence claims. An employer, such as a hospital board, is legally liable for the actions of all employees in the performance of their duties.
This principle of vicarious liability is relevant to all nurses because it makes the employer liable for an employee`s actions in the course of his or her employment. Although the employer is held liable, he has the right to claim full financial compensation from the employee at fault, for example in case of negligence. The employer must ensure that: Nurses hired through care organizations are under contract with the health authority they accepted at the beginning of each shift. A care agency is only an employment agency, although the nurse`s salary can be managed through it. In a democratic society, the legal system provides a framework in which all parts of the community interact. It establishes the rights and privileges of the individual and provides for the enforcement of rights and redress for injustices suffered. All citizens must know their rights and duties established by law and understand the laws that govern their personal and professional lives. Ignorance of a law will not be accepted as an excuse for violating that law. Because the control and regulation of nursing in Australia is determined by the states and territories, each Australian state and territory has its own Nurses Act or Health Professions Registration Act and regulations. In each of the states and territories, there is a Council of Nurses or a Council of Nurses, composed of members authorized to register and deregister nurses. Each state or territory law is divided into sections, each dealing with a specific aspect of registration. Since each state and territory has its own legislation, it is important for nurses to read a copy of the relevant legislation so that they are aware of the requirements of each state and/or territory.
The New Zealand Council of Nurses is responsible for the registration of all categories of New Zealand nurses. Each source defines the standards of care; For example, a council of nurses defines the scope of practice of nursing; Professional associations develop nursing standards in policy statements, and the employer health authority develops written guidelines and protocols detailing how nurses are to perform their duties. Australian nurses are also required to adhere to the Australian Code of Professional Conduct for Nurses (ANMC 2003, see online resources at the end of this chapter). The employer`s legal liability does not relieve a nurse of individual liability, and lawsuits can be brought against a hospital and a nurse, or against a nurse as an individual. The purpose of this chapter is to introduce the registered nurse to certain legal and ethical concepts relevant to the practice of nursing. Although the concepts of nursing ethics are generally universal, the nurse must be aware that the law is different from country to country and may differ from state to state and territory to territory. The place of residence and practice of the nurse determines the necessary legal knowledge. Further reading on these topics is necessary for safe and competent practice. Nurses have legal responsibilities common to all members of the community, as well as responsibilities arising from the nature of their work, which can be defined as responsibilities relating to: Negligence in the legal sense describes conduct below the standard prescribed by law. If a nurse provides care that does not meet recognized standards, she may be held liable for negligence; For example, if the nurse`s actions cause harm to a client. Like other health care professionals, nurses have a duty of care to their clients and, in general, negligence means that a nurse does not take appropriate steps to protect the safety of a client or resident.
This may mean not doing something that should have been done, or doing something that should not have been done. Examples of negligent acts include improper administration of medication (e.g., administering the wrong medication), failure to communicate important information about a client`s condition, and failure to take appropriate action to ensure that a client has sustained an injury (e.g., falling out of bed). There are different laws in each Australian state and territory, which are laws created by a parliament. Acts of Parliament are commonly referred to as laws and are often accompanied by ordinances giving instructions to be followed in order to comply with the intent of the law. Since laws vary from state and territory to territory, nurses are advised to familiarize themselves with the specific laws applicable to their place of nursing practice. Some examples of these procedures are given in Box 3.2 of clinical interest. Standards of care are the guidelines by which a nurse should practise and are set by nurses` registration councils or nurses` councils, professional bodies such as the Australian Council of Nursing and Midwifery (ANMC), the Royal College of Nursing Australia (RCNA) and the employing health authority. O`Reilly members receive live online training as well as books, videos and digital content from nearly 200 publishers.
Nurses have a responsibility to know the standards of care expected of them and to understand the importance of not taking on tasks outside of their defined role and function. Get Mark Richards` Software Architecture Patterns eBook to better understand how components are designed and how they should interact. A plaintiff must prove three elements to succeed in an action for negligence: Chapter 3 LEGAL AND ETHICAL ASPECTS OF NURSING PRACTICE Failure to meet standards of care, including: Failure to use equipment responsibly, including: Civil law deals with relationships between people. These laws provide the means by which rights can be enforced and injustices redressed. For example, a person who has violated civil law usually has to pay a sum of money to the person who claims bodily injury or property damage. Areas of civil law include trespassing, contract and negligence. Get full access to nursing ethics and 60K+ other titles with O`Reilly`s 10-day free trial. The common law is the universal right adopted by judges as a result of decisions in court cases. These decisions set precedents (legal principles) and can then be applied in similar cases. This body of law is often referred to as judicial law and is just as important as parliamentary law.
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