オーストラリアでナースを目指す！！

明日は看護に関係する法律についてのテストがあります。夕方の英語クラスではプレゼンがあり、水曜日は「申し送り」の口頭試験です。コースもあと残り1ヶ月となり、毎週のようにアセスメントがあります。

今日は法律に関するノートから。


Torts (law of civil wrongs)
・negligence
・defamation
・bailment
・consent
・assault
・false imprisonment

Negligence:
-Civil law (Tort)
-the omission to do something which a reasonable man would do or doing
something which a reasonable man would not do.
-involves a breach of duty to take care, resulting in damage.
4D’s:
1. Duty of care
:to another person in your care
2. Dereliction of duty------standard of care which is expected (failure to do the job)
:actions fell below the expected standard of care
3. Damage occurred to plaintiff(Pt: complaining) （ defendant (nurse)）
:proven by medical record
4. Direct cause of damage
:the damage was directly caused by the nurse’s dereliction of duty

-In order to prove negligence it is not necessary to prove an intention to cause harm.

Breach of Duty of care
-poorly managed complications
-Misdiagnosis
-Failure to listen to clients complaints
-Failure to disclose risk of treatment
-Failure to maintain client confidentiality

Duty:
Responsibility
Accountability
Ethical behaviour
Hospital policy
Competencies
Patient Advocate

Defamation:
-Actions that effect someone’s reputation (damage)
a) Written = libel
b) Verbal = slander
*Must be seen or heard by another person to be proven

Bailment:
-taking care of someone’s belongings or property
e.g. On admission / pre-ope

Consent:
-Every human being of sound mind and adult years has the right to determine what shall be done with his or her own duty.

16years under = child “valid”

“Valid consent”
-must be given voluntarily. Freely given.
-must be informed
:the person must know risks, options and benefits.
-must cover the act to be performed
-must have the legal capacity ti give consent(mental status/age)

Forms of consent
-Verbal
-Written
-Implied

Assault:
-If you do something without consent; assault
(Exceptions for mentally ill patient.)
-to threaten someone by words or actionsーーーcause harm＝Battery

False imprisonment:
-The international restriction of another’s movements which is not agreed to by that person or not allowed by law.
-you can’t physically force Pt. to stay in hospital

Mechanical
:tying to the chair, bed, locking door.
Exceptions which can against Pt’s whish to discharge are:
-Child protection
-Quarantine
-Mental Health
-Criminal Patients

Everyone have to sign on the form if:
-discharge against medical condition; Patient’s responsibility

Chemical
-sedation

Behaviour
e.g. threatening, taking walking sticks away

Report writing
-objective
-short concise
-Black/blue Ink
-Legible
-Errors corrected by single line + initial
-Use approved abbreviations
-Don’t leave blank spaces
-signature designation


NUM- Nursing Unit Manager
NFR- Not For Resuscitation