Law for Nurses and Midwives

Comprehensive, accessible and practical legal advice for students and practitioners

First published in 1985, Law for Nurses and Midwives continues to provide the most comprehensive and practical nursing text available to assist nurses and midwives to practise professionally and safely.

The book is designed to support the reader to apply relevant legal, ethical and regulatory principles to their day-to-day clinical practice. For example, when students are starting a surgical placement, they can find the latest practical legal advice on consent; when they are on a medical placement, they can refer to the chapter on medications.

This tenth edition is fully updated and incorporates legislative changes of all relevant practice areas in all states and territories in Australia. Ideal for students undertaking a diploma, bachelor s or postgraduate degree, it will remain relevant throughout their careers as an invaluable reference guide that enhances the provision of safe, quality healthcare in Australia.

• Comprehensive and fully updated guide to the laws, codes and regulations that govern nursing and midwifery practice
• Includes relevant case law and hypothetical examples - shows how legal principles directly relate to daily clinical practice
• Legal, ethical and regulatory concepts introduced in an engaging way - easy to read and understand
• Includes practical considerations of ethical decision-making
• Logical sequencing and flow of information, with end-of-chapter review questions and key points boxes to support learning
• Cases and case examples throughout demonstrate concepts and application to practice

Instructor resources on Evolve:

• Case studies
• Model answers to end-of-chapter review questions

Student and Instructor resources on Evolve:

• Multiple-choice questions

• Covers hot topics including voluntary assisted dying, changes to organ and tissue transplantation and donation, and updated discussion on codes of ethics and codes of conduct
• Provides the most comprehensive guide to mental health legislation of any text available for undergraduate and postgraduate nurses and midwives in Australia
• Instructor and student ancillaries including multiple-choice questions and answer guidance for chapter questions
• Content relevant to enrolled nurses

List of contents

Section 1 INTRODUCTION
1 AN INTRODUCTION TO THE LAW AND AUSTRALIA S LEGAL SYSTEM
Where does our law come from?
The difference between criminal law and civil law
Administrative structure of Australia s legal and court system

2 THE RELATIONSHIP BETWEEN LAW AND ETHICS
The application of law and ethics to practice
Ethics: what it is
Ethics: what it is not
Major ethical theories

3 THE INTERNATIONAL CONFEDERATION OF MIDWIVES CODE OF ETHICS FOR MIDWIVES AND THE INTERNATIONAL COUNCIL OF NURSES CODE OF ETHICS FOR NURSES
How does a code of ethics differ from a code of conduct?
How do the ICM code and the ICN code compare with the NMBA codes of conduct for midwives and nurses respectively (2018)

Section 2 - COMMENCING AS A PROFESSIONAL
4 PROFESSIONAL REGULATION OF NURSES AND MIDWIVES
Relevant legislation and structure of the scheme
Principles of the national scheme
The national registers
The elements of professional regulation
Codes of conduct and ethics and competency standards/standards for practice Endorsements under section 94 of the National Law
Endorsement as a nurse practitioner under section 95 of the National Law

5 THE CONTRACT OF EMPLOYMENT INCLUDING WORKPLACE HEALTH AND SAFETY AND WORKERS COMPENSATION
The contract of employment
The creation of an industrial award or workplace agreement
How the contract of employment is terminated
The legal perspectives of workplace health and safety
Workplace health and safety legislation
Workers compensation
Practical considerations and advice concerning workers compensation
The employer's obligation to provide a safe system of work

Section 3 - PROFESSIONAL PRACTICE
6 CONSENT TO TREATMENT (INCLUDING THE RIGHT TO WITHHOLD CONSENT, END-OF-LIFE PLANNING, NOT FOR RESUSCITATION ORDERS, AND THE RIGHT TO DETAIN AND RESTRAIN PATIENTS WITHOUT THEIR CONSENT)
Why is consent important?
Negligence must be distinguished
What information is available to help professionals and patients?
How may consent be given?
What are the elements of a valid consent?
The right to withhold consent to treatment
The right to request assistance to end your life
The right to restrain or detain patients without their consent

7 PROFESSIONAL NEGLIGENCE
The development of common law principles in relation to allegations of professional negligence and legislative changes affecting them
Professional negligence in a healthcare context
The principle of duty of care as it applies to a nurse and midwife
Second principle in civil action alleging professional negligence: determining the standard of care expected of health professionals
Determining the standard of care expected of nurses and midwives
Should a nurse or midwife question treatment or medication orders as part of the duty and standard of care
Third and fourth principle in civil action alleging professional negligence: damage suffered and the principle of causation and the scope of liability for negligent acts
The awarding of compensation by the courts
Defences to an action alleging professional negligence
Vicarious liability
Professional indemnity insurance requirements for health professionals, including nurses and midwives
The employer's direct liability for negligent employees
The nurse or midwife as a good samaritan
Time limits or limitation periods for bringing a civil negligence claim
Provisions of an apology within the context of potential civil liability for negligence

Section 4 - NURSING PRACTICE
8 THE ADMINISTRATION OF DRUGS
Examining the relevant regulations
Problem areas with drugs
Endorsements for administering medication under the new national registration scheme
Criminal and professional issues relating to the administration of drugs

9 DO

Product details

• Authors: Mary Chiarella, Patricia J Staunton
• Publisher: Elsevier Health Science
• Languages: English
• Product format: Paperback / Softback
• Released: 01.07.2024
• EAN: 9780729544702
• ISBN: 978-0-7295-4470-2
• Dimensions: 193 mm x 18 mm x 237 mm
• Weight: 645 g
• Subject: Natural sciences, medicine, IT, technology > Medicine > General