Additional Information
Book Details
Abstract
The definitive guide to the law that all nurses need to know.
Written specifically for student nurses as well as those already in practice, Dimond’s Legal Aspects of Nursing is your essential practical guide to the legal principles you need to be aware of in your everyday nursing practice.
Building on previous editions of the book by Bridgit Dimond, this 8th edition has been significantly reworked by a new author team with extensive experience in teaching nursing law. It has also been fully updated and revised in line with recent legal developments and the new Nursing standards to ensure it continues to meet the requirements of nursing law modules.
New to this edition:
- Introduction of new and updated Nursing Midwifery Council (NMC) Fitness to Practise procedures
- Reference to the NMC Code 2015 (updated 2018) including Duty of candour
- Data Protection legislation updated including reference to the General Data Protection Regulation 2016
- Greater reference to the devolved UK administrations
- Updated overview of a nurses’ duty of care
- Reference to the new NMC approved curriculum, and the introduction of nursing associates
- Introduction of upcoming changes to the Mental Capacity Act 2005
- Comprehensive discussion of the practice implications of the Supreme Court Decisions in Montgomery v Lanarkshire Health Board [2015]
- Consideration of the revised Health and Social Care Act 2008 (regulated activities) regulations 2014
- Updated consideration of gross negligence manslaughter
- Practical implications of the extension of the crimes of ill treatment and willful neglect under the Criminal Justice and Courts Act 2015 section 20 and 21
Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Front Cover | Front Cover | ||
| Half Title Page | i | ||
| Title Page | iii | ||
| Copyright Page | iv | ||
| Contents\r | v | ||
| Guided tour\r | x | ||
| Table of cases\r | xii | ||
| Table of statutes | xv | ||
| Abbreviations | xx | ||
| Preface to eighth edition | xxiii | ||
| Acknowledgements | xxiv | ||
| Publisher’s acknowledgements | xxv | ||
| Part I General principles aff\recting all nurses | 1 | ||
| 1 Introduction: professionalism, the legal system and human rights | 3 | ||
| Professionalism\r | 4 | ||
| Criminal liability | 5 | ||
| Professional liability | 7 | ||
| Civil liability | 7 | ||
| Accountability to employer | 8 | ||
| Professionalism and accountability | 9 | ||
| Sources of law | 9 | ||
| Differences between civil and criminal law | 10 | ||
| Civil actions | 11 | ||
| Judicial review | 11 | ||
| Legal personnel and legal complaints | 12 | ||
| Legal language | 13 | ||
| Human Rights Act 1998 | 13 | ||
| Freedom of Information Act 2000 | 18 | ||
| Devolved law-making powers | 18 | ||
| 2\rActions in the criminal courts and defences to criminal charges | 22 | ||
| Initial stages of arrest and prosecution | 23 | ||
| Magistrates’ courts | 25 | ||
| Plea and Case Management Hearing | 27 | ||
| Crown Court proceedings | 28 | ||
| Elements of a crime | 31 | ||
| Case of Beverley Allitt | 32 | ||
| Case of Sister Salisbury | 32 | ||
| Case of Nurse Patel | 32 | ||
| Offence of ill-treatment or wilful neglect | 32 | ||
| Case of Nurse Amaro | 33 | ||
| Negligence as a crime | 33 | ||
| Administration of drug by epidural instead of intravenous injection | 35 | ||
| Defences | 35 | ||
| Criminal injuries compensation | 39 | ||
| 3 Liability in a civil court case for negligence | 43 | ||
| Duty of care | 44 | ||
| Standard of care | 47 | ||
| Causation | 53 | ||
| Liable for what? | 57 | ||
| Harm | 57 | ||
| 4 Specific problem areas in civil liability: personal liability of the nurse, vicarious liability of the employer and managerial issues | 64 | ||
| Negligence in communication | 65 | ||
| Inexperience | 65 | ||
| Team liability and apportionment of responsibility | 67 | ||
| Taking instructions: refusal to obey | 69 | ||
| Nurse as manager | 71 | ||
| Pressure on the manager | 71 | ||
| Vicarious liability of employer | 73 | ||
| In the course of employment | 74 | ||
| Liability for negligence of volunteers | 78 | ||
| Duty of care and liability for independent contractors | 78 | ||
| Direct liability of employer | 79 | ||
| Indemnity from the employee at fault | 80 | ||
| Pressure from inadequate resources | 82 | ||
| Public Interest Disclosure Act 1998 and whistleblowing | 85 | ||
| 5 Statutory functions and management of the NHS | 93 | ||
| National Health Service | 94 | ||
| White Paper Equity and Excellence: Liberating the NHS | 94 | ||
| Enforcement of statutory duties | 98 | ||
| NHS England (the National Health Service Commissioning Board) | 102 | ||
| Clinical commissioning groups | 103 | ||
| The mandate | 106 | ||
| NHS foundation trusts | 106 | ||
| NHS Improvement (formerly Monitor) | 107 | ||
| Clinical governance | 110 | ||
| Duty of quality | 111 | ||
| The Care Quality Commission | 112 | ||
| National Institute for Health and Care Excellence (NICE) | 116 | ||
| NHS 111 and walk-in clinics | 118 | ||
| NHS inquiries | 119 | ||
| Mid Staffordshire NHS Foundation Trust Inquiry | 120 | ||
| The NHS Constitution | 124 | ||
| NHS and the private sector | 125 | ||
| 6 Progress of a civil claim: defences and compensation | 130 | ||
| Civil proceedings | 130 | ||
| Compensation in civil proceedings for negligence | 136 | ||
| Defences to a civil action | 139 | ||
| Clinical Negligence Scheme for Trusts (CNST) and the NHS Litigation Authority (NHSLA) | 148 | ||
| NHS Redress Act 2006 | 149 | ||
| Reforms to civil litigation | 149 | ||
| 7 Consent to treatment and informing the patient | 153 | ||
| Basic principles | 154 | ||
| Requirements of a valid consent | 154 | ||
| How should consent be given? | 154 | ||
| Right to refuse treatment | 157 | ||
| Taking one’s own discharge | 160 | ||
| Definition of mental capacity under the Mental Capacity Act 2005 | 161 | ||
| Hunger strikes | 163 | ||
| Amputation of healthy limbs | 163 | ||
| Defences to an action for trespass to the person | 164 | ||
| Mental Capacity Act 2005 | 165 | ||
| Mental Health Act 1983 | 169 | ||
| Giving information to a patient prior to consent being obtained | 169 | ||
| Non-therapeutic procedures | 173 | ||
| Giving information to the terminally ill patient | 174 | ||
| Notifying the patient of negligence by a colleague | 176 | ||
| No decision about me, without me | 177 | ||
| 8 Data protection: confidentiality and access | 181 | ||
| General Data Protection Regulation (including Data Protection Act 2018) | 181 | ||
| Duty of confidentiality | 188 | ||
| Caldicott Guardians | 203 | ||
| Freedom of Information Act 2000 | 204 | ||
| DNA databases | 207 | ||
| Access to Medical Reports Act 1988 | 208 | ||
| 9 Record keeping, statements and evidence in court | 213 | ||
| Record keeping | 213 | ||
| Statements | 218 | ||
| Evidence in court | 223 | ||
| Defamation | 226 | ||
| Internet and social media | 228 | ||
| 10 The nurse and employment law | 231 | ||
| Human rights | 232 | ||
| Contract of employment | 233 | ||
| Statutory provisions covering employment | 238 | ||
| Unfair dismissal | 248 | ||
| Trade union rights | 253 | ||
| Public and private employees | 254 | ||
| Discrimination: The Equality and Human Rights Commission | 254 | ||
| Equality Act 2010 | 255 | ||
| Agenda for Change | 264 | ||
| 11 The nurse as a registered professional | 269 | ||
| Background to the establishment of the Nursing and Midwifery Council | 269 | ||
| Nursing and Midwifery Council | 270 | ||
| Registration and removal | 271 | ||
| Professional standards and codes of practice | 281 | ||
| Education and training | 281 | ||
| Post-registration revalidation and continuing professional development(CPD) | 282 | ||
| Fitness to Practise Annual Report 2016/17 | 282 | ||
| Professional Standards Authority for Health and Social Care (PSA) (formerly the Council for Healthcare Regulatory Excellence (CHRE)) | 283 | ||
| Nursing associates | 284 | ||
| 12 Health and safety and the nurse | 288 | ||
| Statutory provisions | 288 | ||
| Corporate manslaughter and corporate homicide | 311 | ||
| Common law duties: employer’s duty | 312 | ||
| Remedies available to an injured employee | 314 | ||
| Special areas | 316 | ||
| Part II Specialist areas | 341 | ||
| 13 Children and young persons | 343 | ||
| Consent to treatment | 344 | ||
| Safeguarding children | 354 | ||
| Parental care and the nurse | 363 | ||
| Disciplining a child | 364 | ||
| Education of children in hospital | 366 | ||
| Adolescents | 367 | ||
| Deprivation of liberty of children and young persons | 367 | ||
| Court proceedings and the child or young person | 370 | ||
| 14 The nurse on the gynaecology ward | 376 | ||
| Abortion | 376 | ||
| Sterilisation | 388 | ||
| Female circumcision | 394 | ||
| 15 Acute care | 399 | ||
| Civil liability procedures and practices in theatre | 400 | ||
| The theatre nurse and the scope of professional practice | 402 | ||
| Accidents in the theatre | 403 | ||
| Consent in the theatre | 404 | ||
| Recovery room nursing | 406 | ||
| Transfusions and blood contamination | 407 | ||
| Organ transplantation | 408 | ||
| Intensive care units: resource pressures | 414 | ||
| Review of critical care services | 415 | ||
| 16 Learning disabilities and safeguarding people | 421 | ||
| Acting in the best interests of a mentally incapacitated adult | 422 | ||
| Deprivation of Liberty Safeguards (DoLS) (Bournewood) | 425 | ||
| Carers | 428 | ||
| Court of Protection and Code of Practice | 430 | ||
| White Paper Valuing People | 432 | ||
| Safeguarding vulnerable adults | 435 | ||
| Sexual relations and related issues | 435 | ||
| Property | 438 | ||
| Direct payments | 439 | ||
| Registration and inspections | 442 | ||
| 17 Nurse educator and researcher | 447 | ||
| NMC and standards in education | 447 | ||
| Record keeping by teachers | 448 | ||
| Liability for instructing others | 449 | ||
| Hearing about unsound practices | 450 | ||
| Employment law | 450 | ||
| Legal aspects of research | 451 | ||
| Health Research Authority (HRA) | 455 | ||
| Confidentiality | 456 | ||
| Consent | 457 | ||
| Health Education England | 460 | ||
| 18 Legal aspects of the care of older people | 464 | ||
| Rights to care | 465 | ||
| National Service Framework for Older People | 466 | ||
| Intermediate care | 467 | ||
| Consent to treatment | 468 | ||
| Force, restraint and assault | 469 | ||
| Medication and the confused older patient | 472 | ||
| Dementia | 473 | ||
| Standard of care | 476 | ||
| Risk management | 479 | ||
| Abuse of older people | 480 | ||
| Mental Capacity Act 2005 and decision making for the mentally incapacitated adult | 483 | ||
| 19 Nursing people with mental health problems or learning disability | 488 | ||
| Informal patients | 489 | ||
| Patients detained under mental health legislation | 490 | ||
| Holding power of the nurse | 491 | ||
| Compulsory detention of an informal inpatient | 492 | ||
| Compulsory admission | 492 | ||
| Definition and role of nearest relative | 496 | ||
| Role of the approved mental health professional | 496 | ||
| Informing the patient and relatives | 497 | ||
| Consent to treatment provisions | 499 | ||
| Community provisions | 503 | ||
| 20 Accident and emergency,outpatients, genito-urinary departments and day surgery | 516 | ||
| Accident and emergency department | 516 | ||
| Outpatients department | 524 | ||
| Genito-urinary medicine | 526 | ||
| Day surgery | 527 | ||
| 21 Human fertility and genetics | 531 | ||
| Artificial insemination | 532 | ||
| Human Fertilisation and Embryology Act 1990 as amendedby 2008 Act | 535 | ||
| In vitro fertilisation (IVF) | 538 | ||
| Embryos | 540 | ||
| Confidentiality | 545 | ||
| Surrogacy | 546 | ||
| Conscientious objection | 549 | ||
| Genetics | 549 | ||
| Gene therapy and genetic diagnosis | 550 | ||
| Gender selection | 552 | ||
| Genetic screening and testing | 552 | ||
| Cloning | 555 | ||
| 22 Community and primary care nursing | 561 | ||
| NHS and social services provision | 562 | ||
| Funding of long-term care | 565 | ||
| Care Act 2014 | 568 | ||
| Human rights and care homes | 577 | ||
| Delayed discharges | 579 | ||
| Carers | 582 | ||
| Negligence | 583 | ||
| Safety of the community professional | 585 | ||
| Consent to treatment | 588 | ||
| Protection of property | 591 | ||
| Disclosure of information | 591 | ||
| Criminal suspicion | 591 | ||
| Standards: care homes | 592 | ||
| Community matrons | 593 | ||
| The specialist community public health nurse | 593 | ||
| The school nurse | 594 | ||
| The clinic nurse | 596 | ||
| The practice nurse | 597 | ||
| Developments in technology and structure | 599 | ||
| 23 Scope of professional practice, clinical nurse specialist and consultant nurse | 604 | ||
| Scope of professional practice | 604 | ||
| Delegation and supervision | 607 | ||
| Nurse consultants | 608 | ||
| Clinical nurse specialists and specialist nurses | 608 | ||
| Concerns about developments in scope of professional practice | 609 | ||
| Scope of professional practice in primary care | 611 | ||
| Scope of professional practice in theatre nursing | 612 | ||
| Scope of professional practice in emergency nursing | 612 | ||
| Scope of professional practice and X-rays | 613 | ||
| NHS 111 (formerly NHS Direct) and walk-in clinics | 613 | ||
| Modern matrons | 614 | ||
| Agency nurses | 615 | ||
| Healthcare support workers | 615 | ||
| Part III General areas | 619 | ||
| 24 Legal aspects of property | 621 | ||
| Principles of liability | 622 | ||
| Administrative failures | 623 | ||
| Exclusion of liability | 623 | ||
| Property of the mentally incapacitated patient | 624 | ||
| Mental Capacity Act 2005 | 625 | ||
| Day-to-day care of money | 626 | ||
| Power of attorney | 627 | ||
| Court of Protection | 628 | ||
| Protecting patients from relatives | 629 | ||
| Returning the patient’s property | 629 | ||
| Staff property | 630 | ||
| Gifts | 631 | ||
| 25 Legal aspects of public health | 634 | ||
| Public health legislation | 634 | ||
| Notifiable diseases | 636 | ||
| Cross-infection control | 638 | ||
| Health and Social Care Act 2008 | 639 | ||
| Health Protection Agency (now Public Health England) | 641 | ||
| Public Health England | 642 | ||
| Tuberculosis (TB) | 642 | ||
| Hepatitis | 642 | ||
| HIV-infected persons and AIDS patients | 643 | ||
| Vaccination | 646 | ||
| Blood donors | 648 | ||
| Confidentiality | 649 | ||
| 26 Handling complaints | 654 | ||
| Methods of complaining | 655 | ||
| Handling complaints | 657 | ||
| Hospital Complaints Procedure Act 1985 and the Wilson Report | 658 | ||
| Complaints procedure 2004 | 659 | ||
| Complaints procedure 2004 and 2006 | 659 | ||
| Complaints procedure 2009 | 660 | ||
| The Health Service and Parliamentary Ombudsman (HSC) | 664 | ||
| The House of Commons Select Committee | 665 | ||
| Healthwatch England | 665 | ||
| Local Healthwatch (formerly LINKS) | 666 | ||
| Independent Complaints Advocacy Service (ICAS) | 667 | ||
| Patient Advice and Liaison Services (PALS) | 667 | ||
| Other quality assurance methods | 668 | ||
| Complaints relating to detained patients | 668 | ||
| Secretary of State inquiries | 669 | ||
| The NHS Constitution | 669 | ||
| Review of NHS complaints system | 670 | ||
| 27 Legal aspects of medicines | 674 | ||
| General principles | 675 | ||
| Controlled drugs | 677 | ||
| Problems in the administration of medicine | 679 | ||
| Management of errors or incidents in the administration of medicines | 681 | ||
| Self-administration by patients | 685 | ||
| Covert administration of medicines | 686 | ||
| Nurse as prescriber | 688 | ||
| Group protocols or patient group directions | 689 | ||
| Nurse prescribing: independent and dependent (subsequently known as supplementary) prescribers | 690 | ||
| Role of the pharmacist | 693 | ||
| Safety of medicines | 693 | ||
| Product liability and drugs | 694 | ||
| Misuse of drugs | 694 | ||
| National Prescribing Centre | 696 | ||
| Availability of medicines within the NHS | 696 | ||
| 28 End-of-life care and death | 702 | ||
| End-of-life care | 703 | ||
| Definition of death | 705 | ||
| Importance of exact time of death | 706 | ||
| Legality of switching machines off | 707 | ||
| Not for resuscitation | 712 | ||
| Patients refusing treatment | 714 | ||
| Relatives and treatment of the patient | 716 | ||
| Advance decisions to refuse treatment (living wills) | 720 | ||
| Certification and registration of death | 721 | ||
| Disposal of the body | 724 | ||
| Post-mortems | 724 | ||
| Deaths that have to be reported to the coroner | 725 | ||
| Inquests | 725 | ||
| Recommendations of the Shipman Inquiry | 728 | ||
| The Coroners and Justice Act 2009: overview | 731 | ||
| Property of the deceased | 732 | ||
| Wills | 732 | ||
| 29 Complementary and alternative therapies | 739 | ||
| Definitions of complementary and alternative therapies | 740 | ||
| The NMC practitioner as a complementary therapist | 740 | ||
| Liability for using complementary therapy at work | 741 | ||
| Patients receiving complementary therapies | 742 | ||
| House of Lords Select Committee | 744 | ||
| Herbal medicines and acupuncture | 744 | ||
| Complementary and Natural Healthcare Council (CNHC) | 745 | ||
| 30 The future | 752 | ||
| Glossary | 754 | ||
| Further reading | 757 | ||
| Websites | 760 | ||
| Index | 763 | ||
| Back Cover | Back Cover |