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Home > INTERNATIONAL > Jurisprudence and General Issues > Law as it applies to other professions > 7th edition |
Guided tour
Table of cases
Table of statutes
Abbreviations
Foreword to first edition
Foreword to seventh edition
Preface to first edition
Preface to seventh edition
Acknowledgements
Part I
General principles affecting all nurses
1 Introduction: four arenas of accountability, the legal system and human rights
Accountability
Criminal liability
Professional liability
Civil liability
Accountability to employer
Relationship between the four arenas of accountability
Sources of law
Differences between civil and criminal law
Civil actions
Judicial Review
Legal personnel and legal complaints
Legal language
Human Rights Act 1998
Freedom of Information Act 2000
Devolved law-making powers
Conclusions
Reflection questions
Further exercises
References
2 Actions in the criminal courts and defences to criminal charges
Initial stages of arrest and prosecution
Magistrates' courts
Plea and Case Management Hearing
Crown Court proceedings
Elements of a crime
Case of Dr Nigel Cox
Case of Dr Adomako
Case of Dr Shipman
Case of Beverley Allitt
Case of Kevin Cobb
Administration of drug by epidural instead of intravenous injection
Defences
Criminal injuries compensation
Conclusions
Reflection questions
Further exercises
References
3 Liability in a civil court case for negligence
Duty of care
Standard of care
Causation
Liable for what?
Harm
Conclusions
Reflection questions
Further exercises
References
4 Specific problem areas in civil liability: personal liability of the nurse, vicarious liability of the employer and managerial issues
Negligence in communication
Inexperience
Team liability and apportionment of responsibility
Taking instructions: refusal to obey
Nurse as manager
Vicarious liability of employer
In the course of employment
Liability for negligence of volunteers
Duty of care liability for independent contractors
Direct liability of employer
Indemnity from the employee at fault
Pressure from inadequate resources
Public Interest Disclosure Act 1998 and whistleblowing
Conclusions
Reflection questions
Further exercises
References
5 Statutory functions and management of the NHS
National Health Service
White Paper Equity and Excellence: Liberating the NHS
Enforcement of statutory duties
The National Health Service Commissioning Board (NHS England)
Clinical Commissioning Groups
The Mandate
NHS foundation trusts
Monitor
National Health Service Trust Development Authority
Clinical governance
Duty of quality
Care Quality Commission (replacing the Commission for Health Audit and Inspection (CHAI) (Healthcare Commission))
National Institute for Health and Care Excellence (NICE)
National Service Frameworks (NSFs)
NHS 111 and walk-in clinics
NHS inquiries
Mid Staffordshire NHS foundation trust Inquiry
The NHS Constitution
Healthy NHS Board
Nursing initiatives
NHS and the private sector
Conclusions
Reflection questions
Further exercises
References
6 Progress of a civil claim: defences and compensation
Civil proceedings
Compensation in civil proceedings for negligence
Defences to a civil action
Clinical Negligence Scheme for Trusts (CNST) and the NHS Litigation Authority (NHSLA)
NHS Redress Act 2006
Reforms to civil litigation
Conclusions
Reflection questions
Further exercises
References
7 Consent to treatment and informing the patient
Basic principles
Requirements of a valid consent
How should consent be given?
Right to refuse treatment
Taking one's own discharge
Definition of mental capacity under the Mental Capacity Act 2005
Hunger strikes
Amputation of healthy limbs
Defences to an action for trespass to the person
Mental Capacity Act 2005
Mental Health Act 1983
Giving information to a patient prior to consent being obtained
Non-therapeutic procedures
Giving information to the terminally ill patient
Notifying the patient of negligence by a colleague
Conclusions
Reflection questions
Further exercises
References
8 Data protection: confidentiality and access
Data Protection Act 1998
Data protection principles
First data protection principle
Duty of confidentiality
Caldicott Guardians
Health and Social Care Information Centre (HSCIC)
Freedom of Information Act 2000
DNA databases
Access to personal health records
Access to Medical Reports Act 1988
Conclusions
Reflection questions
Further exercises
References
9 Record keeping, statements and evidence in court
Record keeping
Statements
Evidence in court
Defamation
Providing references
Internet
Conclusions
Reflection questions
Further exercises
References
10 The nurse and employment law
Human rights
Contract of employment
Statutory provisions covering employment
Unfair dismissal
Trade union rights
Public and private employees
Discrimination: The Equality and Human Rights Commission
Equality Act 2010
Agenda for Change
Conclusions
Reflection questions
Further exercises
References
11 The nurse as a registered professional
Background to the establishment of the Nursing and Midwifery Council
Nursing and Midwifery Council
Registration and removal
Professional standards and codes of practice
Education and training
Post-registration education and practice (PREP)
Fitness to Practise Annual Report 2012-2013
Professional Standards Authority for Health and Social Care (Council for Healthcare Regulatory Excellence (CHRE))
Framework for assessing national competence standards
Health and Care Professions Council
Conclusions
Reflection questions
Further exercises
References
12 Health and safety and the nurse
Statutory provisions
Corporate manslaughter and corporate homicide
Common law duties: employer's duty
Remedies available to an injured employee
Special areas
The future
Conclusions
Reflection questions
Further exercises
References
Part II
Specialist areas
13 Children and young persons
Consent to treatment
Child protection
Parental care and the nurse
Disciplining a child
Education of children in hospital
Children's trusts
National Service Frameworks (NSFs)
Adolescents
Teenage sexuality
Court proceedings and the child or young person
Conclusions
Reflection questions
Further exercises
References
14 Midwifery
Midwifery Committee
Midwives' rules and code of practice
Law relating to consent in midwifery care
Liability of the mother for harm caused to the baby
Taking the newly born into care
Midwifery practice and standard of care
Breastfeeding
Cord blood collection
Medicines and the midwife
Congenital Disabilities (Civil Liability) Act 1976
Nurseries within midwifery departments
Special care baby units
Cot deaths
Registration of births and stillbirths
Use of fetal tissue and placenta
Record keeping and midwifery
AIDS and the midwife
National Institute for Health and Clinical Excellence (NICE)
National guidelines on midwifery practice
Project 2020
Human Rights and birth
Morecambe Bay NHS Trust
Independent midwifery
The future
Conclusions
Reflection questions
Further exercises
References
15 The nurse on the gynaecology ward
Abortion
Sterilisation
Female circumcision
Conclusions
Reflection questions
Further exercises
References
16 Acute care
Civil liability procedures and practices in theatre
The theatre nurse and the scope of professional practice
Accidents in the theatre
Consent in the theatre
Recovery room nursing
Transfusions and blood contamination
Organ transplantation
Intensive care units: resource pressures
Review of critical care services
Conclusions
Reflection questions
Further exercises
References
17 Learning disabilities
Acting in the best interests of a mentally incapacitated adult
Deprivation of Liberty Safeguards (DoLS) (Bournewood)
Carers
Court of Protection and Code of Practice
White Paper Valuing People
Safeguarding vulnerable adults
Sexual relations and related issues
Property
Direct payments
Registration and inspections
Conclusions
Reflection questions
Further exercises
References
18 Nurse educator and researcher
NMC and standards in education
Record keeping by teachers
Liability for instructing others
Hearing about unsound practices
Employment law
Legal aspects of research
Health Research Authority
Confidentiality
Consent
Health Education England
Conclusions
Reflection questions
Further exercises
References
19 Legal aspects of the care of older people
Rights to care
National Service Framework for Older People
Intermediate care
Consent to treatment
Force, restraint and assault
Medication and the confused older patient
Dementia
Multidisciplinary care of older people
Standard of care
Risk management
Abuse of older people
Mental Capacity Act 2005 and decision making for the mentally incapacitated adult
Conclusions
Reflection questions
Further exercises
References
20 Nursing the mentally disordered
Informal patients
Patients detained under mental health legislation
Holding power of the nurse
Compulsory detention of an informal inpatient
Compulsory admission
Definition and role of nearest relative
Role of the approved mental health professional
Informing the patient and relatives
Consent to treatment provisions
Community provisions
National Service Frameworks
Mental health strategy and priorities
Conclusions
Reflection questions
Further exercises
References
21 Accident and emergency, outpatients, genito-urinary departments and day surgery
Accident and emergency department
Outpatients department
Genito-urinary medicine
Day surgery
Conclusions
Reflection questions
Further exercises
References
22 Human fertility and genetics
Artificial insemination
Human Fertilisation and Embryology Act 1990 as amended by 2008 Act
In vitro fertilisation (IVF)
Embryos
Confidentiality
Surrogacy
Conscientious objection
Genetics
Gene therapy and genetic diagnosis
Gender selection
Genetic screening and testing
Cloning
Conclusions
Reflection questions
Further exercises
References
23 Community and primary care nursing
NHS and social services provision
Funding of Long-term care
Care Act 2014
Human rights and care homes
Delayed discharges
Carers
Negligence
Safety of the community professional
Consent to treatment
Protection of property
Disclosure of information
Criminal suspicion
Standards: care homes
Community matrons
The specialist community public health nurse
The school nurse
The clinic nurse
The practice nurse
Developments in technology and structure
Conclusions
Reflection questions
Further exercises
References
24 Scope of professional practice, clinical nurse specialist and consultant nurse
Scope of professional practice
Delegation and supervision
Nurse consultants
Clinical nurse specialists and specialist nurses
Concerns about developments in scope of professional practice
Scope of professional practice in primary care
Scope of professional practice in theatre nursing
Scope of professional practice in emergency nursing
Scope of professional practice and X-rays
NHS Direct and walk-in clinics
Modern matrons
Concerns about the scope of professional practice
Clinical supervision
Agency nurses
Healthcare support workers
Conclusions
Reflection questions
Further exercises
References
Part III
General areas
25 Legal aspects of property
Principles of liability
Administrative failures
Exclusion of liability
Property of the mentally incompetent
Mental Capacity Act 2005
Day-to-day care of money
Power of attorney
Court of Protection
Protecting patients from relatives
Returning the patient's property
Staff property
Gifts
Conclusions
Reflection questions
Further exercises
References
26 Legal aspects of public health
Public health legislation
Notifiable diseases
Cross-infection control
Public Health England
Health and Social Care Act 2008
Health Protection Agency (now Public Health England)
Public Health England
Tuberculosis (TB)
Hepatitis
HIV-infected persons and AIDS patients
Vaccination
Blood donors
Confidentiality
Conclusions
Reflection questions
Further exercises
References
27 Handling complaints
Methods of complaining
Handling complaints
Hospital Complaints Procedure Act 1985 and the Wilson Report
Complaints procedure 2004
Complaints procedure 2004 and 2006
Complaints procedure 2009
The Health Service and Parliamentary Ombudsman (HSC)
The House of Commons Select Committee
Healthwatch England
Local Healthwatch (formerly LINKS)
Independent Complaints Advocacy Service (ICAS)
Patient Advice and Liaison Services (PALS)
Other quality assurance methods
Complaints relating to detained patients
Secretary of State inquiries
The NHS Constitution
Review of NHS complaints system
Conclusions
Reflection questions
Further exercises
References
28 Legal aspects of medicines
General principles
Controlled drugs
Problems in the administration of medicine
Management of errors or incidents in the administration of medicines
Self-administration by patients
Covert administration of medicines
Medicines and the operating department practitioner (ODP)
Nurse as prescriber
Group protocols or patient group directions
Nurse prescribing: independent and dependent (subsequently known as supplementary) prescribers
Role of the pharmacist
Safety of medicines
Product liability and drugs
Misuse of drugs
The future: personalised medicine
National Prescribing Centre
Availability of medicines within the NHS
Conclusions
Reflection questions
Further exercises
References
29 End-of-life care and death
End-of-life care
Definition of death
Importance of exact time of death
Legality of switching machines off
Not for resuscitation
Patients refusing treatment
Relatives and treatment of the patient
Living wills/advance decisions
Certification and registration of death
Disposal of the body
Post-mortems
Deaths that have to be reported to the coroner
Inquests
Recommendations of the Shipman Inquiry
The Coroners and Justice Act 2009: overview
Property of the deceased
Wills
Conclusions
Reflection questions
Further exercises
References
30 Complementary and alternative therapies
Definitions of complementary and alternative therapies
The NMC practitioner as a complementary therapist
Liability for using complementary therapy at work
Patients receiving complementary therapies
House of Lords Select Committee
Herbal medicines, acupuncture and research
Health and Care Professions Council
Medicines and Healthcare Products Regulatory Agency
Complementary and Natural Healthcare Council (CNHC)
Conclusions
Reflection questions
Further exercises
References
31 The future
Glossary
Further reading
Websites
Index
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