Law and Nursing E-Book

John Tingle, Jean Mchale

Description

This title is directed primarily towards health care professionals outside of the United States. The new and fully updated edition of this leading textbook places law in the context of nursing practice today. Recent developments examined include the Human Tissue Act 2004, which regulates the use of human material for research and transplantation purposes; the Mental Capacity Act 2005, which regulates treatment concerning patients lacking mental capacity; new developments in patient safety and risk management; and the revised NHS patient complaints system.

• Up to date information on: The revised NHS patient complaints system; Human Tissue Act 2004; Mental Capacity Act 2005; and Developments in patient safety and risk management
• Accessible, up to date account of the law and its application to nursing practice
• Coverage of controversial subject areas such as assisted suicide
• Information on nurse prescribing

Up to date information on:
* Human Tissue Act 2004
* Mental Capacity Act 2005
* Developments in patient safety and risk management
* The revised NHS patient complaints system

Sujets

• Legal Issues
• Ethical
• Medical
• Médecine
• Nursing
• Social

Informations

• Publié par: Butterworth-Heinemann
• Date de parution: 29 mai 2007
• Nombre de lectures: 0
• EAN13: 9780702037719
• Langue: English

Extrait

Table of Contents

Cover Image
PREFACE
CASE LIST
STATUTES AND STATUTORY INSTRUMENTS
Chapter 1. Introduction: the nurse and the legal environment
Chapter 2. Nursing negligence: general issues
Chapter 3. Patient safety, litigation and complaints in the National Health Service
Chapter 4. Legal aspects of expanded role, clinical guidelines and protocols, and nurse prescribing
Chapter 5. Consent to treatment I: General principles
Chapter 6. Consent to treatment II: Children and the mentally ill
Chapter 7. Privacy, confidentiality, and access to health-care records
Chapter 8. Clinical research and the nurse
Chapter 9. Reproductive choice
Chapter 10. The end of life
The NMC code of professional conduct: standards for conduct, performance and ethics
Index



PREFACE
It is a truism to say that nurses today practise in challenging times. The law and its relationship with nursing practice is a fast-moving area. From both within and outside the profession nurses have been encouraged to expand their role and also to develop as specialists in nursing practice and as independent prescribers. However such an expanded role brings with it the prospect of enhanced accountability with the risk of consequent litigation should things go wrong. At the same time, nurses are encouraged to act as advocates for their patients, to safeguard standards of care and to speak out where these standards may be at risk. Many nurses have expressed concern regarding the scope of their legal obligations at a time when the structure of health care provision and their own role within it is subject to such changing dynamics.
NHS health care litigation remains, as at the time of the 2nd edition of our book, an acute problem, with the costs of clinical negligence calculated in billions of pounds. Patient safety can be seen to have been given a higher profile through the work of the National Patient Safety Agency. There is a good NHS patient safety infrastructure in place in terms of mechanisms of control, advice and publications. Difficulties remain, however, in ensuring effective engagement with such strategies at a grass roots level. Further challenges face nurses and other health professionals as the NHS is the subject of what seems to be virtually constant restructuring.
This book explores the legal regulation of nursing practice today and sets it in the context of recent developments, from the impact of the Human Rights Act 1998 in cases such as that of Dianne Pretty to the Human Tissue Act 2004 enacted in the aftermath of the Alder Hey inquiry, the Mental Capacity Act 2005 and the expansion of nurse prescribing powers. The volume is not intended to be a substitute for specialist legal advice on specific problems that may arise in individual cases. Furthermore it should be noted that, as this area is so vast, in some areas the account provided must be seen in context as a ‘taster’ for further more extensive reading of specialist legal sources.
As with previous editions our very special thanks go to the editorial team at Elsevier and in particular Catherine Jackson and Susan Young. John Peysner was involved in the first edition of this text and his inspiration and insight into civil litigation issues provided an invaluable basis for our treatment of these issues in this book. All comments expressed and any errors that remain are, of course, the responsibility of the authors.
The law is as stated at 1 May 2006, although we were able to incorporate certain developments subsequent to this date.



CASE LIST
Page numbers in bold refer to pages in this book.

AC

Law Reports, Appeal Cases

All ER

All England Law Reports

BMLR

Butterworths Medico-Legal Reports

CA

Court of Appeal

ChD

Chancery Division Law Reports

CMLR

Common Market Law Reports

Cr App R

Criminal Appeal Reports

DLR

Dominion Law Reports

ECR

European Court Reports

EHRR

European Human Rights Reports

EWCA

England and Wales Court of Appeal

EWCA Admin

England and Wales Court of Appeal Administrative

EWCA Civ

England and Wales Court of Appeal Civil

EWCA Crim

England and Wales Court of Appeal Criminal

EWHC

England and Wales High Court

Fam Law

Family Division Law Reports

FCR

Family Court Reports

FLR

Family Law Reports

KB

Law Reports, Kings Bench

Lloyd's Rep Med

Lloyd's Medical Law Reports

Med LR

Medical Law Reports

NLJR

New Law Journal Reports

PIQR

Personal Injuries and Quantum Reports

QBD

Law Reports, Queen's Bench Division

RTR

Road Traffic Reports

SJ

Solicitors Journal

UKHL

UK House of Lords

WLR

Weekly Law Reports

A, Re [1992] 3 Med LR 303, 237–238

A, Re [2000] 4 All ER 961, 122–123

A, Re (children) (conjoined twins: surgical separation) [2001] Fam 147, 222

A, Re (Medical treatment: male sterilisation) [2000] FCR 193, 196

A Health Authority v. X [2001] 2 FCR 634, 150

AG Ref (No. 6 of 1980) [1981] QB 715, 105

Airedale NHS Trust v. Bland [1993] AC 879, 227–229

Att. Gen v. Guardian Newspaper (No 2) [1988] 3 All ER 545, 144

B, Re [1981] 1 WLR 1421, 230

B, Re [1987] 2 WLR 1212, 194–195

B, Re (Adult: Refusal of Medical Treatment) [2002] 2 All ER 449, 108 , 179 , 224

B v. Croyden HA [1995] 1 All ER 683, 133 , 208

Barnett v. Chelsea and Kensington Hospital Management Committee [1968] 1 All ER 1068, 35–36

Black v. Forsey [1988] The Times 21 May, 132

Blyth v. Bloomsbury AHA [1987] (1993) 4 Med LR 151 CA, 113–114

Bolam v. Friern Hospital Management Committee [1957] 1 WLR 582; [1957] 2 All ER 118, 28 , 29 , 31–32 , 36 , 82–83 , 103 , 109 , 207

Bolitho v. City and Hackney Health Authority (1997) [1998] AC 232; [1998] Lloyd's Rep Med 26, 31–32 , 36 , 83 , 110–111

Bolitho v. City and Hackney Health Authority (1997) [1998] Lloyd's Rep Med 26, 31–32 , 36 , 83 , 110

Bravery v. Bravery [1954] 3 All ER 59, 193

Bull v. Devon Area Health Authority [1989] [1993] 4 Med LR 117, 22 BMLR, 79, 40–41 , 44

C, Re [1989] 2 All ER 782, 230–231

C, Re [1994] All ER 819, 100 , 102 , 104

C, Re [2003] 2 FLR 678, 124

C, Re (a baby) [1996] FLR 43, 231

C, Re (a minor) [1997] 40 BMLR, 232

C, Re (HIV Test) [1999] 2FLR 1004, 121–122

C v. S [1988] QB 135, 216

Campbell v. MGN [2004] 2 AC 457 (HL), 145

Cassidy v. Ministry of Health [1951] 1 All ER 574, 40 , 43

Cattley v. St John's Ambulance Brigade (1988) QBD (unreported) (but see Lexis ), 28

Chatterson v. Gerson [1981] QB 432, 106 , 115 , 178

Chester v. Afshar [2005] 1 AC 234, 111 , 115

CR v. Central Birmingham HA ex p Collier [1988] Lexis 6 January, 17

Crawford v. Board of Governors of Charing Cross Hospital (1953) ( The Times , 8 December 1953), 34

D, Re [1976] 1 All ER 326, 194 , 195

D, Re (Medical Treatment) [1998] 1 FLR 411, 233

Davies v. Johnson [1979] AC 264, 9

De Freitas v. O'Brien [1995] 6 Med LR 108, 110

De Freitas v. O'Brien and Another [1993] 4 Med LR, 30

Djemal v. Bexley Health Authority [1995] 6 Med LR 269, 79

Duchess of Kingston's case (1776) 20 State Trials 355, 152

Dwyer v. Roderick [1983] 127 SJ 806, 95

E, Re (a minor) [1992] 2 FLR 585, 196

E, Re (minor) (Wardship: Medical Treatment) [1993] 1 FLR 386, 127 , 128

Early v. Newham Health Authority [1994] 5 Med LR 214, 82–83

Evans v. Amicus Health Care [2004] 2 FLR 767, 199

Evans v. UK [2006] Application No 6339/05, Strasbourg, 6 March, 12 , 199–200

F, Re [1990] 2 AC 1, 102 , 103 , 146 , 181–182 , 195–196 , 207

F, Re (in utero) [1988] 2 All ER 193, 204 , 206

Frenchay v. S [1994] 2 All ER 403, 229

G, Re [1995] 2 FCR 46, 228

Gascoine v. Ian Shendon and Co. and Lathan [1994] 5 Med LR 437, 34

Geraets–Smits v. Stichting Ziekenfonds VGZ Case 157/99 , 20

Gillick v. West Norfolk and Wisbech AHA [1986] 1 AC 112; [1985] 2 All ER 545; [1985] 3 All ER 402; [1986] AC 150, 3 , 9 , 118–119 , 125 , 145–146 , 180–181 , 194

Glass v. Cambridgeshire Area Health Authority [1995] 6 Med LR 91, 41

Glass v. UK [2004] 1 FLR 1019, 123 , 233

Gold v. Essex County Council [1942] 2 All ER 237, 32

Gregg v. Scott [2005] UKHL 2, 38–39

Grogan [1991] ECR 4685, 11

H (a health worker) v. Associated Newspapers Ltd [2002] EWCA Civ 195, 150

H, Re (a patient) [1998] 2 FLR 36, 233

Hefferen v. The Committee of the UKCC (1988), 23

HIV Haemophiliac Litigation, Re [1990] NLJR 1349, 152

HL v. UK [2004] Application No. 45508/99, 129 , 133

Hotson v. East Berkshire Area Health Authority [1987] 2 All ER 909, 38 , 39

Inizan Case C-56/-01 , 20

J, Re [1990] 3 All ER 930, 231

J, Re [2000] FLR 571, 124

Jannaway v. Salford AHA [1988] 3 All ER 1079, 216

Jepson v. Chief Constable of West Mercia [2003] EWCA 3318, 213

Johnston v. Bloomsbury AHA [1991] 2 All ER 293, 78

Jones v. Manchester Corporation [1952] 2 QB 852, 44

K, W and H (minors) (Medical Treatment), Re [1993] FLR 584, 125–126

Kay v. Ayrshire and Arran Health Board [1987] 2 All ER 417, 36

Kent v. Griffiths and Others [2000] 2 All ER 474, 26

Kholl/Dekker Case C-158/966 , 20

L, Re (Medical Treatment: Gillick competency) [1998] 2 FLR 810, 127–128

Luisi and Carbone v. Ministero del Tesoro [1984] ECR 377, 19

M, Re [1999] 2FLR 1097, 126 , 240

M, Re (a minor) (wardship: sterilisation) [1988] 2 FLR 497, 196

M v. Calderdale and Kirklees HA [1998] Lloyd's Rep Med 157, 43

McKay v. Essex Area Health Authority [1982] 2 All ER 771, 211

Marshall v. Southampton and SW Hampshire AHA [1986] ECR 723, 10

Maynard v. West Midlands Regional Health Authority [1984] 1 WLR 634, 30–31 , 110

MB, Re [1997] FLR 426, 100–101 , 108 , 206–208 , 209

Muller Faure Case C-385/99 , 20

Murray v. McMurchy [1942] 2 DLR 442, 106–107

Naylor v. Preston AHA [1987] 2 All ER 353, 152

Nettleship v. Weston [1971] 2 QB 691, 29

NHS Trust A v. M ; NHS Trust B v H [2000] 2 FLR 348, 228

Norfolk &