nurse jurisprudence
law as it relates to the practice of nursing
tort law
unintentional and intentional actions that result in harm
unintentional torts
negligence and malpractice
intentional torts
assult battery false imprisonment
negligence
when someone fails to act as a reasonable person would. unintentional
malpractice
negligence as a professional
civil law
result of harm. intentional or unintentional
criminal law
intent matters, harm doesn’t have to occur
what are some key legal documents
legislation (HPA) -> CRNA (practice standards) -> organizational (AHS)
is the code of ethics legally binding
no
what is the alberta evidence act
sorry is not an admission of guilt
who is responsible in a preceptorship
the nurse and the student
when can a nurse be faced with allegations of negligence
if they are named in a civil lawsuit
if the pt or family claims that nurses action caused harm
what 4 things need to be provided by the patient in order for negligence to be determined
- duty of care owed by the nurse
- breech in standards of care
- harm was caused
- damages (compensation if guilty)
does there need to be harm in order for it to be considered negligence
yes usually
what are some defences against negligent cases
- nurses actions were reasonable
- error in judgement
- actions of others
-pt contributed to negligence - time out
who pays for negligence damages
usually the hospital unless the nurse is self-contracted or acted out of their scope of practice
what is CNPS
non profit that provides legal liability insurance to its members, education, and legal risk management
justice
fair and equitable distribution of resources
integrity
acting in a way that is consistent with ones values
