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Legal Aspects of Nursing
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Legal Aspects of Nursing

Edition: 7th edition
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Product Details:

Format: Paperback / softback
Publisher: Pearson Education Limited
Language: English
Dimensions: 25.00 X 4.00 X 19.00
Publisher Code: 9781292001821
Date Added: 2018-08-10
Search Category: International
Jurisdiction: International

Overview:

Now in its seventh edition, Bridgit Dimond's Legal Aspects of Nursing is the definitive guide to the essential law that nurses and healthcare professionals need to know. Written in an engaging style, the book shows the application of the law to everyday nursing situations showing the relevance and importance of legal considerations to nursing practice. The book covers the legal system and legal issues relating to medicine in general, before examining more specific areas, such as children and the elderly.
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Table Of Contents:

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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