Law for Nurses and Midwives continues to be the definitive health law text for nursing and midwifery students who are required to consider legal, professional and ethical considerations as part of their tertiary studies. The 9th edition includes the latest updates to case law and information on nursing and midwifery governance and professional practice standards, outlining a range of legal issues and responsibilities specific to both nursing and midwifery practice, including consent to treatment, confidentiality, professional negligence and professional ethics. Written by the most eminent…mehr
Law for Nurses and Midwives continues to be the definitive health law text for nursing and midwifery students who are required to consider legal, professional and ethical considerations as part of their tertiary studies. The 9th edition includes the latest updates to case law and information on nursing and midwifery governance and professional practice standards, outlining a range of legal issues and responsibilities specific to both nursing and midwifery practice, including consent to treatment, confidentiality, professional negligence and professional ethics. Written by the most eminent experts in nursing and midwifery law in Australia, Patricia Staunton and Mary Chiarella, Law for Nurses and Midwives provides a comprehensive and accessible resource for nursing and midwifery students to understand the relevance of legal issues to the provision of safe and effective healthcare. * NEW chapter: Chapter 9 The International Confederation of Midwives Code of ethics for midwives and the International Council of Nurses Code of ethics for nurses gives you the latest information on global standards for ethical practice * Increased focus on midwives strengthens the text's relevance to midwifery practice * Updated chapter content reflects changes to Australian state and territory legislation as well as new case reports keeping you fully informed on issues such as: - nursing and midwifery professional practice standards; - detailed consideration of the legal issues pertinent to mental health; - consent to treatment, including the right to withhold consent and end-of-life planning; - the contract of employment, including workplace health and safety and workers compensation. * An eBook included in all print purchases
1 An introduction to the law and Australia's legal system 2 The relationship between law and ethics 3 Professional negligence 4 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) 5 The contract of employment (including workplace health and safety and workers compensation) 6 The administration of drugs 7 Documentation and confidentiality of and access to patient records (including e-records, incident reporting and open disclosure) 8 Professional regulation of nurses and midwives 9 The International Confederation of Midwives Code of ethics for midwives and the International Council of Nurses Code of ethics for nurses 10 Coronial jurisdiction 11 Human tissue transplantation 12 Mental health
Section 1
INTRODUCTION (1) 1 AN INTRODUCTION TO THE LAW AND AUSTRALIA S LEGAL SYSTEM (2) Where does our law come from? (4) The difference between criminal law and civil law (7) Administrative structure of Australia s legal and court system (12) 2 THE RELATIONSHIP BETWEEN LAW AND ETHICS (18) The application of law and ethics to practice (18) Ethics: what it is (20) Ethics: what it is not (20) Major ethical theories (23) 3 THE INTERNATIONAL CONFEDERATION OF MIDWIVES CODE OF ETHICS FOR MIDWIVES AND THE INTERNATIONAL COUNCIL OF NURSES CODE OF ETHICS FOR NURSES (30) How does a code of ethics differ from a code of conduct? (31) How do the ICM code and the ICN code compare with the NMBA codes of conduct for midwives and nurses respectively (2018)? (32)
Section 2 - COMMENCING AS A PROFESSIONAL (41)
4 PROFESSIONAL REGULATION OF NURSES AND MIDWIVES (42) Relevant legislation and structure of the scheme (42) Principles of the national scheme (46) The national registers (46) The elements of professional regulation (49) Codes of conduct and ethics and competency standards/standards for practice (51) Endorsements under section 94 of the National Law (54) Endorsement as a nurse practitioner under section 95 of the National Law (56) 5 THE CONTRACT OF EMPLOYMENT INCLUDING WORKPLACE HEALTH AND SAFETY AND WORKERS COMPENSATION (67) The contract of employment (67) The creation of an industrial award or workplace agreement (69) How the contract of employment is terminated (72) The legal perspectives of workplace health and safety (74) Workplace health and safety legislation (74) Workers compensation (79) Practical considerations and advice concerning workers compensation (85) The employer's obligation to provide a safe system of work (86)
Section 3 - PROFESSIONAL PRACTICE (88)
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) (89) Why is consent important? (89) Negligence must be distinguished (90) What information is available to help professionals and patients? (93) How may consent be given? (93) What are the elements of a valid consent? (95) The right to withhold consent to treatment (117) The right to request assistance to end your life (121) The right to restrain or detain patients without their consent (123) 7 PROFESSIONAL NEGLIGENCE (130) The development of common law principles in relation to allegations of professional negligence and legislative changes affecting them (130) Professional negligence in a healthcare context (131) The principle of duty of care as it applies to a nurse and midwife (131) Second principle in civil action alleging professional negligence: determining the standard of care expected of health professionals (134) Determining the standard of care expected of nurses and midwives (140) Should a nurse or midwife question treatment or medication orders as part of the duty and standard of care (167) 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 (170) The awarding of compensation by the courts (175) Defences to an action alleging professional negligence (176) Vicarious liability (178) Professional indemnity insurance requirements for health professionals, including nurses and midwives (183) The employer's direct liability for negligent employees (184) The nurse or midwife as a good samaritan (185) Time limits or limitation periods for bringing a civil negligence claim (186) Provisions of an apology within the context of potential civil liability for negligence (187)
Section 4 - NURSING PRACTICE (191)
8 THE ADMINISTRATION OF DRUGS (192) Examining the relevant regulations (196) Problem areas with drugs (198) Endorsements for administering
1 An introduction to the law and Australia's legal system 2 The relationship between law and ethics 3 Professional negligence 4 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) 5 The contract of employment (including workplace health and safety and workers compensation) 6 The administration of drugs 7 Documentation and confidentiality of and access to patient records (including e-records, incident reporting and open disclosure) 8 Professional regulation of nurses and midwives 9 The International Confederation of Midwives Code of ethics for midwives and the International Council of Nurses Code of ethics for nurses 10 Coronial jurisdiction 11 Human tissue transplantation 12 Mental health
Section 1
INTRODUCTION (1) 1 AN INTRODUCTION TO THE LAW AND AUSTRALIA S LEGAL SYSTEM (2) Where does our law come from? (4) The difference between criminal law and civil law (7) Administrative structure of Australia s legal and court system (12) 2 THE RELATIONSHIP BETWEEN LAW AND ETHICS (18) The application of law and ethics to practice (18) Ethics: what it is (20) Ethics: what it is not (20) Major ethical theories (23) 3 THE INTERNATIONAL CONFEDERATION OF MIDWIVES CODE OF ETHICS FOR MIDWIVES AND THE INTERNATIONAL COUNCIL OF NURSES CODE OF ETHICS FOR NURSES (30) How does a code of ethics differ from a code of conduct? (31) How do the ICM code and the ICN code compare with the NMBA codes of conduct for midwives and nurses respectively (2018)? (32)
Section 2 - COMMENCING AS A PROFESSIONAL (41)
4 PROFESSIONAL REGULATION OF NURSES AND MIDWIVES (42) Relevant legislation and structure of the scheme (42) Principles of the national scheme (46) The national registers (46) The elements of professional regulation (49) Codes of conduct and ethics and competency standards/standards for practice (51) Endorsements under section 94 of the National Law (54) Endorsement as a nurse practitioner under section 95 of the National Law (56) 5 THE CONTRACT OF EMPLOYMENT INCLUDING WORKPLACE HEALTH AND SAFETY AND WORKERS COMPENSATION (67) The contract of employment (67) The creation of an industrial award or workplace agreement (69) How the contract of employment is terminated (72) The legal perspectives of workplace health and safety (74) Workplace health and safety legislation (74) Workers compensation (79) Practical considerations and advice concerning workers compensation (85) The employer's obligation to provide a safe system of work (86)
Section 3 - PROFESSIONAL PRACTICE (88)
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) (89) Why is consent important? (89) Negligence must be distinguished (90) What information is available to help professionals and patients? (93) How may consent be given? (93) What are the elements of a valid consent? (95) The right to withhold consent to treatment (117) The right to request assistance to end your life (121) The right to restrain or detain patients without their consent (123) 7 PROFESSIONAL NEGLIGENCE (130) The development of common law principles in relation to allegations of professional negligence and legislative changes affecting them (130) Professional negligence in a healthcare context (131) The principle of duty of care as it applies to a nurse and midwife (131) Second principle in civil action alleging professional negligence: determining the standard of care expected of health professionals (134) Determining the standard of care expected of nurses and midwives (140) Should a nurse or midwife question treatment or medication orders as part of the duty and standard of care (167) 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 (170) The awarding of compensation by the courts (175) Defences to an action alleging professional negligence (176) Vicarious liability (178) Professional indemnity insurance requirements for health professionals, including nurses and midwives (183) The employer's direct liability for negligent employees (184) The nurse or midwife as a good samaritan (185) Time limits or limitation periods for bringing a civil negligence claim (186) Provisions of an apology within the context of potential civil liability for negligence (187)
Section 4 - NURSING PRACTICE (191)
8 THE ADMINISTRATION OF DRUGS (192) Examining the relevant regulations (196) Problem areas with drugs (198) Endorsements for administering
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