As the independent regulator for nurses, midwives and nursing associates, what we do is set out by legislation. The text of the legislation for regulating nurses, midwives and nursing associates. Nursing includes professionals in clinical nursing, nursing management, healthcare quality assurance and healthcare risk management. The standard differs from that of a criminal case, in which the prosecution must prove a case “beyond a reasonable doubt.”. But for the act or omission of the defendant, would the plaintiff have suffered the alleged harm? This introduction is necessarily brief, and does not cover all aspects of the law that affect nursing practice. Practicing without a current and valid license is illegal and it amounts to pra… You’re probably left with even more questions, so let’s dig into some of the basic differentiators between civil and criminal law. (Berman and Synder, 2012) Civil Law: Civil law, also part of public law, covers torts and contract laws. Precedents are either binding or authoritative. Common law consists of the application of legal principles developed in past cases to determine the outcome of present cases. Finally, the plaintiff must prove causation—that is, that the breach of duty caused the alleged harm. Our order and rules. A nurse involved in resuscitating a person at an accident site away from a well-equipped hospital with trained staff at hand can only be expected to provide the standard of care that is reasonable in the circumstances. For example, the law relating to assault, false imprisonment, negligence and negligent advice is found within cases in which relevant principles of law recognising the right of a person to individual autonomy and bodily integrity have been developed. An introduction to legal aspects of nursing practice, • the basics of the Australian legal system, • basic principles of law applicable to nursing practice, • the role of the criminal law in nursing practice, and. Saunders Book Company, 032007. The NMC (2008) provides strict guidance about the nursing practitioners code of practice and the accountability that members of the profession should have towards patients in their care; it is in light of this that nursing professionals have a responsi… A breach of a civil law right or obligation does not usually lead to criminal processes and sanctions. This is called civil liability or civil negligence. Damage may be physical, mental, financial, or a combination of these. Civil laws can branch from either statutory or common law. Nursing and the Law Ms Pat Staunton President Australian Nurses Federation (NSW) I I was asked to speak on this issue for two reasons I suspect. However, the law does not require that there be an identified person in existence at the time that a negligent act or omission occurs. Civil law actions must be brought by an attorney hired by the injured party (the plaintiff) against the alleged wrongdoer (the defendant). Damage is the gist of the case in an action of negligence; a plaintiff must prove that foreseeable damage resulted from a breach of duty by the nurse. As noted above, civil law involves legal actions taken by complainants against another, or others, seeking a civil remedy for a legally recognised wrong. Courts issue rulings on challenges to board or agency rules, disciplinary actions, the constitutionality of statutes and in civil and criminal cases. Comprehensive information on nursing home abuse and neglect for nursing home residents and their loved ones. Also, the standard of proof is different. • Register a child’s birth – an example of the law requiring a particular action, in this case under the Birth and Deaths Registration Act 1875. The parties in a civil case may be individuals, corporations, or the state itself. Civil law definition: The law of civil or private rights While these statements are accurate, they’re hardly the all-inclusive definitions you’re looking for. Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Click to share on Google+ (Opens in new window), on 11. Civil law involves legal actions taken by complainants against another or others seeking a civil remedy for a legally recognised wrong—for example, a complainant (the plaintiff) seeking compensation for pain and suffering as a result of a nurse giving an injection incorrectly. Note: Australian legislation relating to negligence is mostly aligned, however, small differences do exist between States and Territories. Provided the nurse exercises reasonable care and skill in the circumstances, there would be no breach of the duty of care. ... nursing policies, nursing education and nursing practice are worth examining. This chapter serves as an introduction to law relevant to nursing practice. A civil case settles a personal or business conflict when an individual or group feels wronged by a defendant or cannot come … (An example is the requirements to report incompetent or unethical nurshing condcut to the state board of nursing) Common law laws that are a result from judicial decisions made in courts when individual legal cases are decided (examples: infromed consent, negligence and malpractice) Law defining the scope of nursing practice in a given state. In one American case it was held that burns resulting from the application of hot water bottles in an emergency were not caused by negligence, as they arose from a calculated risk to avoid a grave risk of harm to the patient. In: Cuthbert M, Duffield C, Hope J (eds) Management in nursing. In close physical contact with patients the breach of the law properly supervised suspend the period... Circumstances, there would be no breach of the ‘ egg-shell skull ’. 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