Handbook of Medical Law and Ethics for Nurses
- 1st Edition - November 8, 2022
- Author: Mark Gibson
- Language: English
- Paperback ISBN:9 7 8 - 0 - 7 0 2 0 - 8 3 5 4 - 9
- eBook ISBN:9 7 8 - 0 - 7 0 2 0 - 8 3 5 5 - 6
In an increasingly legalised healthcare environment, this new handbook provides an essential guide to nursing professionalism in the context of the law. With a professio… Read more
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Request a sales quoteIn an increasingly legalised healthcare environment, this new handbook provides an essential guide to nursing professionalism in the context of the law.
With a professional career undertaking various healthcare-related roles, the author is both a mental health and general nurse who takes the reader through the workings of the legal system and how nurses can apply the law in an ethical and principled way. The handbook helps the reader to consider complex issues such as biomedical ethics, human rights, negligence and the importance of confidentiality, and provides guidance on decision making when faced with legal or ethical dilemmas.
Easy to understand and peppered with numerous practical examples throughout, the Handbook of Medical Law and Ethics for Nurses will support development of the essential legal awareness needed by undergraduate and post-graduate nurses alike.
- Easy to read – suitable for pre-registration nurses as well as practising nurses, midwives and nursing associates
- Illustrated throughout with case study vignettes and linked to relevant legislation in England
- Links to case law to improve understanding of the legal system
- Covers hot topics and debates, supporting nurses to participate in appropriate and effective decision making
- Supports learning in nursing modules covering professional practice
- Cover Image
- Title Page
- Copyright
- Preface
- Table of Cases
- Table of Statutes
- Dedication
- Table of Contents
- Chapter 1 Introduction to Law and Ethics
- Chapter Outline
- Introduction
- Law: Background
- Criminal and Civil Law – What’s the Difference?
- Medical Law and Ethics
- The Influence of Professional Values
- References
- Chapter 2 The Structure and Function of the Courts
- Chapter Outline
- Introduction
- The Role of Religion
- The Influence of European Legislation
- Human Rights Act 1998
- References
- Chapter 3 The Professional Nurse and the Law
- Chapter Outline
- Introduction
- Professional Accountability
- Nursing and Midwifery Council – The Nursing Regulator
- Competence and the Standard of Care?
- Fitness to Practise
- Duty of Candour
- Organisational Meaning of a ‘Serious Incident’
- References
- Chapter 4 An Ethical Framework for Nursing
- Chapter Outline
- Introduction
- Utilitarianism (Consequentialist) Ethics
- Deontological Ethics (deon = Greek for ‘duty’)
- Principles-Based Ethics
- The Principle of Respect for Autonomy
- The Principle of Nonmaleficence
- The Principle of Beneficence
- The Principle of Justice
- References
- Chapter 5 The Tort of Negligence
- Chapter Outline
- Introduction
- The Duty of Care
- Vicarious Liability
- Breach of Duty of Care
- The Status of Clinical Guidelines
- Causation
- Material Contribution to Injury
- Remoteness and Foreseeability
- Loss of a Chance
- Res Ipsa Loquitur (Latin: The Thing Speaks for Itself)
- Causation and a Duty to Inform
- Contributory Negligence
- Psychiatric Injury
- Gross Negligence Manslaughter
- Assessing Damage and Compensation
- The Nurse as Expert Witness
- References
- Chapter 6 Confidentiality
- Chapter Outline
- Introduction
- Confidentiality – The Doctor, Nurse and Patient
- Exceptions to Absolute Confidence
- Confidentiality – An Ethical Perspective
- Access to Records – Statutory Provision
- The Freedom of Information Act 2000
- Other Relevant Legislation
- The Influence of ‘Caldicott’
- References
- Chapter 7 Defensible Documentation
- Chapter Outline
- Introduction
- Defensible Health Records
- Common Faults in Record-Keeping
- The Legal Perspective
- Effective Record-Keeping
- Electronic Health Records
- References
- Chapter 8 Consent and Mental Capacity
- Chapter Outline
- Introduction
- Consent and Capacity
- Mode and Conditions for Valid Consent
- Mental Capacity Act: Statutory Principles
- The ‘Best Interests’ Principle
- Advance Directives
- Independent Mental Capacity Advocate (IMCA)
- Medical Paternalism and the Influence of Montgomery
- References
- Chapter 9 The Law and Children’s Welfare
- Chapter Outline
- Introduction
- Legal Aspects of Child Welfare
- Child Protection and Nurse’s Duty
- Child Protection – The Duty of the Courts
- Medical Treatment: Consent in Children
- Gillick: Ethical Considerations
- The Incompetent Child Under the Age of 16
- The Case of Re A (Minors) (Conjoined Twins: Separation)
- Gard – Ethical and Legal Debate
- Parental Control
- References
- Chapter 10 End of Life Care – Legal Aspects
- Chapter Outline
- Introduction
- Death – The Medical Perspective
- Sanctity of Life
- Withdrawal of CANH
- Euthanasia and Assisted Suicide
- Dignity and Dying
- Do Not Attempt Cardiopulmonary Resuscitation (DNACPR) Notices
- References
- Chapter 11 Contraception, Abortion and Sterilisation
- Chapter Outline
- Introduction
- Key Legislation
- Contraception
- The Legality of Abortion
- Abortion – The ‘Pro-Life’ Perspective
- Conscientious Objection
- Sterilisation of Persons Lacking Capacity
- Unsuccessful Sterilisation
- References
- Chapter 12 Mental Ill-Health: Legal Aspects
- Chapter Outline
- Introduction
- The Voluntary Patient
- Deprivation of Liberty Safeguards
- DoLS Assessment
- Compulsory Admission and Detention Under MHA
- Section 2 – Admission to Hospital for Assessment
- Section 3 – Admission to Hospital for Treatment
- Section 4 – Emergency Admission
- Sections 135 and 136
- Section 5 – Doctors and Nurses Holding Powers
- Guardianship
- Discharge from Hospital After Care: Section 117 and Community Treatment Orders
- Section 17a Community Treatment Orders
- References
- Index
- No. of pages: 224
- Language: English
- Edition: 1
- Published: November 8, 2022
- Imprint: Elsevier
- Paperback ISBN: 9780702083549
- eBook ISBN: 9780702083556
MG
Mark Gibson
Mark Gibson has a broad and varied professional background in healthcare, and is both a mental health and general nurse. His experience includes working in general and clinical management as well as higher education, with his specialist areas of interest being that of healthcare governance, patient safety and incident investigation, legal matters and staff training and development.
Affiliations and expertise
Mark Gibson is an independent scholar. He has a broad and varied professional background in healthcare, and is both a mental health and general nurse. His experience includes working in general and clinical management as well as higher education, with his specialist areas of interest being those of healthcare governance, patient safety and incident investigation, legal matters and staff training and development.