Dimond's Legal Aspects of Nursing, 8th edition

Series
Pearson
Author
Iwan Dowie / Richard Griffith  
Publisher
Pearson
Cover
Softcover
Edition
8
Language
English
Total pages
800
Pub.-date
June 2019
ISBN13
9781292245379
ISBN
1292245379
Related Titles


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Dimond's Legal Aspects of Nursing, 8th edition
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Description

Written specifically for student nurses as well as those already in practice, Dimond’s Legal Aspects of Nursing is your essential practical guide to the legal principles you need to be aware of in your everyday nursing practice.

 

Building on previous editions of the book by Bridgit Dimond, this 8th edition has been significantly reworked by a new author team with extensive experience in teaching nursing law. It has also been fully updated and revised in line with recent legal developments and the new Nursing standards to ensure it continues to meet the requirements of nursing law modules.

Features

●   Practical dilemma boxes present the law working within the context of realistic scenarios

●   Key case and statute boxes highlight the most-important case law and legislation to be aware of

●   Reflection questions and further exercises develop the ability to understand and apply the law

New to this Edition

·   Introduction of new and updated Nursing Midwifery Council (NMC) Fitness to Practise procedures

·    Reference to the NMC Code 2015 (updated in 2018), including duty of candour  

·   The updated Data Protection Act 2018, including reference to the General Data Protection Regulation 2016

·    Greater reference to the devolved UK administrations

·    Updated overview of a nurses’ duty of care

·    Reference to the new NMC approved curriculum, and the introduction of nursing associates

·    Introduction of upcoming changes to the Mental Capacity Act 2005

·    Comprehensive discussion of the practice implications of the Supreme Court Decisions in Montgomery v Lanarkshire Health Board [2015]  

·   Consideration of the revised Health and Social Care Act 2008 (Regulated activities) regulations 2014

·    Updated consideration of gross negligence manslaughter

·    Practical implications of the extension of the crimes of ill treatment and willful neglect under the Criminal Justice and Courts Act 2015 section 20 and 21

Table of Contents

 

 

 

Contents

Part I General principles affecting all nurses

 

1 Introduction: professionalism, the legal

system and human rights 3

Professionalism 4

Criminal liability 5

Professional liability 7

Civil liability 7

Accountability to employer 8

Professionalism and accountability 9

Sources of law 9

Differences between civil and criminal law 10

Civil actions 11

Judicial review 11

Legal personnel and legal complaints 12

Legal language 13

Human Rights Act 1998 13

Freedom of Information Act 2000 18

Devolved law-making powers 18

 

2 Actions in the criminal courts and

defences to criminal charges 22

Initial stages of arrest and prosecution 23

Magistrates’ courts 25

Plea and Case Management Hearing 27

Crown Court proceedings 28

Elements of a crime 31

Case of Beverley Allitt 32

Case of Sister Salisbury14 32

Case of Nurse Patel15 32

Offence of ill-treatment or wilful

neglect 32

Case of Nurse Amaro17 33

Negligence as a crime 33

Administration of drug by epidural instead of

intravenous injection 35

Defences 35

Criminal injuries compensation 39

 

3 Liability in a civil court case for

negligence 43

Duty of care 44

Standard of care 47

Causation 53

Liable for what? 57

Harm 57

 

4 Specific problem areas in civil liability:

personal liability of the nurse, vicarious

liability of the employer and managerial

issues 64

Negligence in communication 65

Inexperience 65

Team liability and apportionment of responsibility 67

Taking instructions: refusal to obey 69

Nurse as manager 71

Pressure on the manager 71

Vicarious liability of employer 73

In the course of employment 74

Liability for negligence of volunteers 78

Duty of care and liability for independent contractors 78

Direct liability of employer 79

Indemnity from the employee at fault 80

Pressure from inadequate resources 82

Public Interest Disclosure Act 1998 and

whistleblowing 85

 

5 Statutory functions and management of

the NHS 93

National Health Service 94

White Paper Equity and Excellence: Liberating

the NHS 94

Enforcement of statutory duties 98

 

NHS England (the National Health Service

Commissioning Board) 102

Clinical commissioning groups 103

The mandate 106

NHS foundation trusts 106

NHS Improvement (formerly Monitor) 107

 

Clinical governance 110

Duty of quality 111

The Care Quality Commission 112

National Institute for Health and Care

Excellence (NICE) 116

NHS 111 and walk-in clinics 118

NHS inquiries 119

Mid Staffordshire NHS Foundation Trust Inquiry 120

The NHS Constitution 124

NHS and the private sector 125

6 Progress of a civil claim: defences

and compensation 130

Civil proceedings 130

Compensation in civil proceedings for negligence 136

Defences to a civil action 139

Clinical Negligence Scheme for Trusts (CNST)

and the NHS Litigation

Authority (NHSLA) 148

NHS Redress Act 2006 149

Reforms to civil litigation 149

7 Consent to treatment and informing

the patient 153

Basic principles 154

Requirements of a valid consent 154

How should consent be given? 154

Right to refuse treatment 157

Taking one’s own discharge 160

Definition of mental capacity under the Mental

Capacity Act 2005 161

Hunger strikes 163

Amputation of healthy limbs 163

 

Defences to an action for trespass to the person 164

Mental Capacity Act 2005 165

Mental Health Act 1983 169

Giving information to a patient prior to consent

being obtained 169

Non-therapeutic procedures 173

Giving information to the terminally ill patient 174

Notifying the patient of negligence by a colleague 176

No decision about me, without me 177

8 Data protection: confidentiality

and access 181

General Data Protection Regulation (including Data

Protection Act 2018) 181

Duty of confidentiality 188

Caldicott Guardians 203

Freedom of Information Act 2000 204

DNA databases 207

Access to Medical Reports Act 1988 208

 

9 Record keeping, statements and

evidence in court 213

Record keeping 213

Statements 218

Evidence in court 223

Defamation 226

Internet and social media 228

10 The nurse and employment law 231

Human rights 232

Contract of employment 233

Statutory provisions covering employment 238

Unfair dismissal 248

Trade union rights 253

Public and private employees 254

Discrimination: The Equality and Human Rights

Commission 254

Equality Act 2010 255

Agenda for Change 264

11 The nurse as a registered professional

269

Background to the establishment of the Nursing and

Midwifery Council 269

Nursing and Midwifery Council 270

Registration and removal 271

Professional standards and codes of practice 281

Education and training 281

Post-registration revalidation and continuing

professional development

(CPD) 282

Fitness to Practise Annual Report 2016/17 282

Professional Standards Authority for Health and Social

Care (PSA) (formerly the Council for Healthcare

Regulatory Excellence (CHRE)) 283

Nursing associates 284

12 Health and safety and the nurse 288

Statutory provisions 288

Corporate manslaughter and corporate homicide 311

Common law duties: employer’s duty 312

Remedies available to an injured employee 314

Special areas 316

Part II Specialist areas 341

13 Children and young persons 343

Consent to treatment 344

Child protection 354

 

Parental care and the nurse 363

Disciplining a child 364

Education of children in hospital 366

Adolescents 367

Deprivation of liberty of children and young

persons 367

Court proceedings and the child or young person 370

14 The nurse on the gynaecology ward 376

Abortion 376

Sterilisation 388

Female circumcision 394

15 Acute care 399

 

Civil liability procedures and practices in theatre 400

The theatre nurse and the scope of professional

practice 402

Accidents in the theatre 403

Consent in the theatre 404

Recovery room nursing 406

Transfusions and blood contamination 407

Organ transplantation 408

Intensive care units: resource pressures 414

Review of critical care services 415

16 Learning disabilities and

safeguarding people 421

Acting in the best interests of a mentally

incapacitated adult 422

Deprivation of Liberty Safeguards (DoLS)

(Bournewood) 425

Carers 428

Court of Protection and Code of Practice 430

White Paper Valuing People 432

Safeguarding vulnerable adults 435

Sexual relations and related issues 435

Property 438

Direct payments 439

Registration and inspections 442

17 Nurse educator and researcher 447

NMC and standards in education 447

Record keeping by teachers 448

Liability for instructing others 449

Hearing about unsound practices 450

Employment law 450

Legal aspects of research 451

Health Research Authority (HRA) 455

Confidentiality 456

Consent 457

Health Education England 460

 

18 Legal aspects of the care of older

people 464

 

Rights to care 465

National Service Framework for Older People 466

Intermediate care 467

Consent to treatment 468

Force, restraint and assault 469

Medication and the confused older patient 472

Dementia 473

Standard of care 476

Risk management 479

Abuse of older people 480

Mental Capacity Act 2005 and decision making

for the mentally incapacitated adult 483

19 Nursing the mentally disordered 488

Informal patients 489

Patients detained under mental health

legislation 490

Holding power of the nurse 491

Compulsory detention of an informal inpatient 492

Compulsory admission 492

Definition and role of nearest relative 496

Role of the approved mental health professional 496

Informing the patient and relatives 497

Consent to treatment provisions 499

Community provisions 503

20 Accident and emergency,

outpatients, genito-urinary

departments and day surgery 516

Accident and emergency department 516

Outpatients department 524

Genito-urinary medicine 526

Day surgery 527

21 Human fertility and genetics 531

Artificial insemination 532

Human Fertilisation and Embryology Act 1990

as amended by 2008 Act 535

In vitro fertilisation (IVF) 538

Embryos 540

Confidentiality 545

 

Surrogacy 546

Conscientious objection 549

Genetics 549

Gene therapy and genetic diagnosis 550

Gender selection 552

Genetic screening and testing 552

Cloning 555

 

22 Community and primary care

nursing 561

NHS and social services provision 562

Funding of long-term care 565

Care Act 2014 568

Human rights and care homes 577

Delayed discharges 579

Carers 582

Negligence 583

Safety of the community professional 585

Consent to treatment 588

Protection of property 591

Disclosure of information 591

Criminal suspicion 591

Standards: care homes 592

Community matrons 593

The specialist community public health nurse 593

The school nurse 594

The clinic nurse 596

The practice nurse 597

Developments in technology and structure 599

23 Scope of professional practice,

clinical nurse specialist and

consultant nurse 604

Scope of professional practice 604

Delegation and supervision 607

Nurse consultants 608

Clinical nurse specialists and specialist nurses 608

Concerns about developments in scope of

professional practice 609

 

Scope of professional practice in primary care 611

Scope of professional practice in theatre nursing 612

Scope of professional practice in emergency

nursing 612

Scope of professional practice and X-rays 613

NHS 111 (formerly NHS Direct) and walk-in

clinics 613

Modern matrons 614

Agency nurses 615

Healthcare support workers 615

Part III General areas 619

24 Legal aspects of property 621

Principles of liability 622

Administrative failures 623

Exclusion of liability 623

Property of the mentally incapacitated patient 624

 

Mental Capacity Act 2005 625

Day-to-day care of money 626

Power of attorney 627

Court of Protection 628

Protecting patients from relatives 629

Returning the patient’s property 629

Staff property 630

Gifts 631

25 Legal aspects of public health 634

Public health legislation 634

Notifiable diseases 636

Cross-infection control 638

Health and Social Care Act 2008 639

Health Protection Agency (now Public Health

England) 641

Public Health England 642

Tuberculosis (TB) 642

Hepatitis 642

HIV-infected persons and AIDS patients 643

Vaccination 646

Blood donors 648

Confidentiality 649

26 Handling complaints 654

Methods of complaining 655

Handling complaints 657

Hospital Complaints Procedure Act 1985 and the

Wilson Report 658

Complaints procedure 2004 659

Complaints procedure 2004 and 2006 659

Complaints procedure 2009 660

The Health Service and Parliamentary Ombudsman

(HSC) 664

The House of Commons Select Committee 665

Healthwatch England 665

Local Healthwatch (formerly LINKS) 666

Independent Complaints Advocacy Service (ICAS) 667

Patient Advice and Liaison Services (PALS) 667

Other quality assurance methods 668

Complaints relating to detained patients 668

Secretary of State inquiries 669

The NHS Constitution 669

Review of NHS complaints system 670

27 Legal aspects of medicines 674

General principles 675

Controlled drugs 677

Problems in the administration of medicine 679

Management of errors or incidents in the

administration of medicines 681

 

Self-administration by patients 685

Covert administration of medicines 686

Nurse as prescriber 688

Group protocols or patient group directions 689

Nurse prescribing: independent and dependent

(subsequently known as supplementary)

prescribers 690

Role of the pharmacist 693

Safety of medicines 693

Product liability and drugs 694

 

Misuse of drugs 694

National Prescribing Centre 696

Availability of medicines within the NHS 696

28 End-of-life care and death 702

End-of-life care 703

Definition of death 705

Importance of exact time of death 706

Legality of switching machines off 707

Not for resuscitation 712

Patients refusing treatment 714

Relatives and treatment of the patient 716

Advance decisions to refuse treatment (living wills) 720

Certification and registration of death 721

 

Disposal of the body 724

Post-mortems 724

Deaths that have to be reported to the coroner 725

Inquests 725

Recommendations of the Shipman Inquiry 728

The Coroners and Justice Act 2009: overview 731

Property of the deceased 732

Wills 732

29 Complementary and alternative

therapies 739

Definitions of complementary and alternative

therapies 740

The NMC practitioner as a complementary

therapist 740

Liability for using complementary therapy at work 741

Patients receiving complementary therapies 742

House of Lords Select Committee 744

Herbal medicines and acupuncture 744

Complementary and Natural Healthcare Council

(CNHC) 745

30 The future 751

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Back Cover

 

 

The definitive guide to the law that all nurses need to know.

 

 

‘… an essential text to support Nurses in their understanding of the legal complexities of healthcare. Written for students and practitioners who have no background in the law, it offers an insight which will support both undergraduate and post graduate nurses alike.’

Stephen Bilham, University of Bedfordshire

 

 

Written specifically for student nurses as well as those already in practice, Dimond’s Legal Aspects of Nursing is your essential practical guide to the legal principles you need to be aware of in your everyday nursing practice.

 

Building on previous editions by Bridgit Dimond, this 8th edition has been revised by a new author team with vast experience in teaching nursing law. The book has been thoroughly updated and examines key developments, including:

 

o   Updates in line with the new Nursing standards

·    Introduction of upcoming changes to the Mental Capacity Act 2005

·    Reference to the devolved UK administrations; the NMC Code 2015 (updated in 2018), including duty of candour

·    Discussion of the Data Protection Act 2018, including reference to the General Data Protection Regulation 2016

o   Introduction of new and updated Nursing Midwifery Council (NMC) Fitness to Practise procedures

·    Comprehensive discussion of the practice implications of the Supreme Court Decisions in Montgomery v Lanarkshire Health Board [2015]

·    Consideration of the revised Health and Social Care Act 2008 (Regulated activities) regulations 2014

·    Practical implications of the extension of the crimes of ill treatment and willful neglect under the Criminal Justice and Courts Act 2015, sections 20 and 21

 

Richard Griffith is a senior lecturer at the College of Human and Health Sciences, Swansea University.

Iwan Dowie is a senior lecturer in the Faculty of Life Sciences and Education at the University of South Wales. 

 

Author

Richard Griffith is a senior lecturer at the College of Human and Health Sciences, Swansea University.

Iwan Dowie is a senior lecturer in the Faculty of Life Sciences and Education at the University of South Wales.