Ch. 7: Legal Dimensions of Nursing

Law

standard or rule of conduct established and enforced by government; designed to protect the rights of the public

Types of laws

• public

• criminal

• private/civil

Public Law

government is directly involved; regulates relationships between individuals and government

Criminal Law

concerns state and federal criminal statutes; defines criminal actions such as murder, theft, etc.

Private/ Civil Law

regulates relationships among people

Constitutions

serve as guides to legislative bodies

Statutory Law

enacted by a legislative body

Administrative Law

empowered by executive officers (president of the U.S., governors, and the city mayors)

Common Law

judiciary system reconciles controversies and creates the body of common law; once established can be applied to another in similar circumstances

Nurse Practice Acts

protects the public by broadly defining the legal scope of nursing practice (statutory law)

Standards

guidelines and criteria established to ensure the quality and consistency of nursing care; can be legal or voluntary

Legal Standards

mandatory; developed by legislature and are implemented by authority granted by the state to determine issues such as the minimum standards for nursing education, set requirements for licensure or registration

Voluntary Standards

developed and implemented by professional nurses/organizations; not mandatory but are used as guidelines for practice

Credentialing

ways in which professional competence is ensured and maintained

Accreditation

process by which a nursing education program is evaluated and recognized as having met certain standards

Licensure

the process by which a state determines that a candidate meets certain minimum requirements to practice in the profession and grants a license

Certification

not mandatory; used to validate advanced speciality knowledge

Crime

a violation that is punishable by the state; may be against a person, property, or the public

Misdemeanor

considered a less serious crime; punishable by fines or less than 1 year imprisonment

Tort

intentional or unintentional act for wrongdoing; subject to action in a civil court with damage usually being settled with money

Intentional Torts

• assault and battery

• defamation of character

• invasion of privacy

• false imprisonment

• fraud

Assault

a threat or an attempt to make bodily contact with another person without that person’s consent

Battery

an assault that is carried out and includes willful, angry, and violent or negligent touching against that person’s will

Unintentional Torts

• negligence

• malpractice

Elements of Liability

• duty

• breach of duty

• causation

• damages

Duty

an obligation to use due care that aligns with standards of care appropriate in a nurse-patient relationship

Breach of Duty

failure to meet the standard of care

Causation

the most difficult element of liability to prove; here it must be shown that the failure to adhere to the standard of care led to the injury/damage

Damages

the actual harm or injury of a patient