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.
BRIDGIT DIMOND MA (Oxon) LLB MPhil DSA, AHSM, Barrister-at-law is Emeritus Professor at the University of South Wales. She is an experienced health service manager and lecturer in health service law and management. She is also the author of a number of books and articles on all aspects of professional accountability and patients' rights.
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