Ethics and Nursing - Legal and Ethical Practice (NURS2004)

module 1-3 for etest

Common Law

Law created by judges based on the doctrine of precedent; decisions rely on past cases.

Statutory Law

Law written by Parliament as statutes or codes (parliamentary law).

Civil Liability Act 2002

WA law governing negligence and civil liability for damages.

Negligence

Failure to meet the standard of care expected of a reasonably competent health professional, causing harm.

Duty of Care

Legal obligation to provide an appropriate standard of care to patients.

Breach of Duty

Failure to meet the applicable standard of care.

Causation

Link between the breach of duty and the harm suffered.

Damages

Compensation awarded for harm, injury, or loss.

Vicarious Liability

Employer may be liable for an employee’s torts when acting within the scope of employment.

Non-delegable Duty

A duty of care that cannot be delegated to another party; ultimate responsibility remains with the institution.

Trespass to the Person

Group of torts including assault, battery, and false imprisonment protecting bodily integrity.

Battery

Unlawful and intentional physical contact, even if the patient is unaware.

Assault

Threat or attempt to inflict imminent harmful contact causing apprehension.

False Imprisonment

Unlawful restraint or confinement without lawful justification.

Defamation

Publication of a statement harming another’s reputation.

Informed Consent

Consent that is voluntary, informed, given by a person with capacity and current understanding.

Capacity

Ability to understand, retain information, weigh risks/benefits, and decide.

Implied Consent

Consent inferred from a patient’s actions or conduct.

Explicit Consent

Verbal or written consent clearly given.

Autonomy

Right of individuals to self-determination in health decisions.

Beneficence

Duty to act for the patient’s good and to promote wellbeing.

Non-maleficence

Duty to do no harm to patients.

Justice

Fair and impartial distribution of benefits, burdens, and resources.

Veracity

Truthfulness; accuracy in information sharing.

Confidentiality

Duty to keep patient information private unless legally or ethically permitted to disclose.

Privacy

Right of individuals to control access to personal information.

Code of Conduct for Nurses

Official standards guiding professional behavior and practice.

NMBA

Nursing and Midwifery Board of Australia; national regulatory board.

AHPRA

Australian Health Practitioner Regulation Agency; implements regulatory schemes.

NRAS

National Registration and Accreditation Scheme for health practitioners.

Australian Charter of Healthcare Rights

Rights patients have when receiving health care in Australia.

Sentinel Events

Adverse events causing death or serious harm; must be reported.

Open Disclosure

Open, timely communication after harm, including acknowledgment, apology, and risk management.

Therapeutic Goods Act 1989 (Cth)

Regulates licensing, manufacture, and distribution of therapeutic substances; ARTG registration.

ARTG

Australian Register of Therapeutic Goods; lists medicines and therapeutic products.

SUSMP

Standard for the Uniform Scheduling of Medicines and Poisons; defines drug schedules.

Five Rights of Medication Administration

Right patient, right drug, right dose, right route, right time.

Coronial Jurisdiction

Coroners investigate reportable deaths to establish facts and cause.