Laws in nursing

Laws in nursing

1. Civil/Tort law

   • cover any wrong-doings for which an action for damages may be brought
   • The wronged person seeking damages (money)
   • Negligence
     • Allowing the development of pressure sores
     • errors in administration of drugs
       • 1994 - Rn pleaded guilty to manslaughter for administrating the wrong dose of an IV drug
         • Analgesia from 5ml to 100ml per hour: pt became unconscious and died.
     • errors in detecting jaundice in newborns
   • tresspass
   • false imprisionment
   • invasion of privacy
     • unreasonable invasion of the right to privacy eg. information made public.
     • The privacy Act 1993; The health Information Privacy Code 1994; Health Act 1956
   • breaches in confidentiality
     • Health information privacy code 1994
     • disclosure only permitted when: info is required for legal responsibility
   • invasion of property
   • assault and battery
     • threatening a patient with medication and threatening restraint
     • slapping/hitting pateint
     • restraining patient against their will
   • defamation

2. Criminal Law

   • Set in stature
   • public wrongs
   • prosecuted by state
   • results in punishment if found guilty
   • victims take out civil action for compensation.
   • Crimes amendment Act 2011
     • Standards of care to people under legal duties or performing unlawful acts
     • Duty to provide necessaries and protect from injury
     • Duty of parent or guardian to provide necessaries and protect from injury under 18yrs.
     • Vs NZ Bill of Rights Act 1990
       • consumers have the right to refuse treatment.
         • Except: children; not competent; not fully informed
   • crimes act 1961
     • offence to accelerate death
     • causing death that might have been prevented
     • treatment causes death
     • aiding and abetting suicide
   • Theft
   • Falsification of documents

3. Codes

   • voluntary
     • guiding behaviour in a work or professional setting but have no power to require compliance
       • Code of ethics
       • Code of conduct
   • Legislative codes
     • Full legal authority and power with penalties
       • Health information and privacy code
         • privacy Act 1993 & HDC Act 1994
       • code of health and disability services consumer's rights