Definition, Classification and Source of law

Introduction

Importance of Law to the Nurse Nurses have more responsibility

Increased numbers of Advanced Practice Nurses

Law is there to assist in the decision-making process involved in nursing practice

Law is for the protection of nursing practice

Law is there for the identification of the risk of liability

Definition of Law

Comes from the word which means “that which is laid down or fixed”

Law is a rule or standard of human conduct established & enforced by authority, society, or custom

Law is established for the welfare of society

Law is not stagnant--changes when society’s directs a change

Classification of Law

Classification of Law

Physical Law Moral Law Divine Law

Classification of Law

Public lawConstitutional AdministrativeCriminal

Private or civil lawTort Contract Protecting and reporting

Public law

Deals with relationship between individuals and government

Private or Civic law

Deals with relationship between private persons

Tort law

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

Unintentional torts

NegligenceFailure of a person to perform an act

(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

cont. of Unintentional torts

MalpracticeNegligent acts of people with

specialized educationReflects negligenceNot 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

Intentional torts

Assault Battery False imprisonment Invasion of privacy Defamation of characterLibelSlander

Cont. of Intentional torts

AssaultMental disturbance of personal

integrity 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

Cont. of Intentional torts

Battery Involves unpermitted and intentional

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

Cont. of Intentional torts

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

Cont. of Intentional torts

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

Cont. of Intentional torts

Invasion of PrivacyViolation of person’s right to make

personal choices without interference and to not be subjected to uninvited publicity

Cont. of Intentional torts

Defamation Verbal or written communication that

injures someone’s reputationSlander: oral defamationLibel: written defamation

Sources of Law

Sources of pronouncements of law

Constitutions Statutes Administrative agencies Court decisions

cont. of Sources of Law

Constitution> Defines the structure, power and

limits of government and it guarantees citizens certain fundamental rights

cont. of Sources of Law

Statutory or Legislative lawPassed by local, state or federal

legislatorsRegulates employment issues like

worker’s compensation and health & retirement benefits and can be expanded, amended or repealed by action of legislature

cont. of Sources of Law

Administrative agenciesCreate rules and regulations that

enforce statutory lawsAdministrative 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

cont. of Sources of Law

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

REFERENCE:

Tomey, A.M. (2009). Nursing Management and Leadership 8TH Edition

Thank you!Prepared by: Abegail Love H. Mislang, RN