Additional Information
Book Details
Abstract
Essentials of Law for Health Professionals 3e has been thoroughly revised and updated throughout to reflect the most recent changes in legislation relevant to the provision of health care services in Australia. Employment status of health professionals and issues of work cover, health and safety obligations, anti-discrimination issues are clearly outlined and discussed in the new edition. Legal issues surrounding genetics, fertility and surrogacy are reviewed in conjunction with the current position on abortion and wrongful deaths. The breadth of material is presented in a manner that is more in keeping with a student resource text rather than a law book. It emphasises major points and includes summaries on how the law relates to practice rather than merely stating the law. The new third edition continues to present contemporary issues relevant for Health Science students from the clinical setting through to management and employment, as they apply to each state.
- Streamlined new edition includes updates to key chapters such as:
- Chapter 5 Negligence, which has been completely rewritten to discuss negligence by jurisdiction
- Chapter 8 Manipulation of Life now deals with topical and controversial issues such as abortion, wrongful death, tissue transplants, genetics and infertility
- Chapter 10: Contractual and Industrial Elements of Professional Practice has been updated to include the most recent changes to Industrial Relations Law, information that is essential for any Health Professional entering into employment.
- Chapter 11: Statues Controlling Health Service Delivery has been revised with respect to drugs and continues to provide the significant legislation most likely to impact on the daily practice of the health professional namely poisons, mental health legislation, child and elder abuse, and the notification of births and deaths.
- New Chapter 12: Registration and Regulation of Health Professionals highlights the contemporary issues faced by health professionals with the implementation of National Registration.
- Addition of legislation regulating research and a discussion of the legislative and common law controls on conducting research within Australian healthcare systems – National Health and Medical Research Council Act
- Update all appendices and include the Decision Making Framework for Nurses plus Glossary
- Takes a multidisciplinary approach to the subject of health care law and includes case-studies and activities.
- Discussion on the implications of evidence-based practice on the standard notionally attributed to the duty of care.
Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Front Cover\r | Cover | ||
| Essentials of Law for Health Professionals 3e\r | iii | ||
| Copyright\r | iv | ||
| FOREWORD | v | ||
| CONTENTS | vii | ||
| PREFACE | ix | ||
| ACKNOWLEDGMENTS | xi | ||
| REVIEWERS | xii | ||
| Section 1\rIntroduction to Lawfor Health Professionals | 1 | ||
| Chapter 1\rIntroductory Concepts and the Court Hierarchy | 3 | ||
| INTRODUCTION | 3 | ||
| LAW AS A PRODUCT OF SOCIETAL VALUES | 4 | ||
| SOURCES OF LAW | 4 | ||
| TYPES OF LAW | 8 | ||
| GENERAL FEATURES OF THE AUSTRALIANLEGAL SYSTEM | 9 | ||
| THE COURT HIERARCHY | 10 | ||
| THE DOCTRINE OF PRECEDENT (STARE DECISIS) | 13 | ||
| THE PROCESS OF ENACTING A STATUTE | 17 | ||
| READING AN ACT | 18 | ||
| Further reading | 21 | ||
| Chapter 2\rThe Australian Constitution and System of Government | 23 | ||
| Introduction | 23 | ||
| RELEVANT FEATURES OF THE CONSTITUTION | 23 | ||
| THE DISTRIBUTION OF POWER BETWEEN THE STATES AND COMMONWEALTH | 24 | ||
| THE DOCTRINE OF THE SEPARATION OF POWERS | 24 | ||
| COMMONWEALTH POWERS TO REGULATE | 25 | ||
| FEDERAL AND STATE POWERS IN HEALTHCARE PROVISION | 26 | ||
| Further reading | 30 | ||
| Chapter 3\rWorking with Legal Representatives | 33 | ||
| INTRODUCTION | 33 | ||
| LEGAL DOCUMENTS | 34 | ||
| JUSTICES OF THE PEACE | 34 | ||
| DISCOVERY (DISCLOSURE) AND INSPECTION OF DOCUMENTS | 35 | ||
| INTERROGATORIES | 35 | ||
| NOTICE OF NON-PARTY DISCLOSURE | 35 | ||
| SUBPOENAS | 36 | ||
| RULES OF EVIDENCE AND THE STANDARDS OF PROOF | 37 | ||
| ALTERNATIVE DISPUTE MECHANISMS IN HEALTH | 48 | ||
| Further reading | 56 | ||
| Section 2\rLegal Concepts for Health Professionals | 59 | ||
| Chapter 4\rManagement of Patient and Client Information | 61 | ||
| INTRODUCTION | 61 | ||
| EFFECTIVE DOCUMENTATION | 62 | ||
| COMPUTERISED RECORDS | 66 | ||
| OWNERSHIP | 67 | ||
| ACCESS TO THE RECORDS | 68 | ||
| FREEDOM OF INFORMATION AND OTHER RELEVANT LEGISLATION | 69 | ||
| GOVERNMENT POLICY | 76 | ||
| ACCESS PURSUANT TO THE COURT PROCESS | 77 | ||
| STORAGE AND DISPOSAL OF MEDICAL RECORDS | 77 | ||
| THE LEGISLATIVE PROTECTION OF PRIVACY | 78 | ||
| THE CONCEPT OF CONFIDENTIALITY | 78 | ||
| THE ETHICAL OBLIGATION OF CONFIDENTIALITY | 79 | ||
| THE LEGAL OBLIGATION OF CONFIDENTIALITY | 80 | ||
| LIMITS OF THE OBLIGATION OF CONFIDENTIALITY | 81 | ||
| Further reading | 84 | ||
| Chapter 5\rNegligence | 87 | ||
| INTRODUCTION | 87 | ||
| INCIDENCE OF MEDICAL MALPRACTICE | 89 | ||
| NEGLIGENCE | 90 | ||
| DEFENCES TO AN ACTION IN NEGLIGENCE | 116 | ||
| Vicarious liability | 119 | ||
| ALTERNATIVE ACTIONS | 122 | ||
| Further reading | 123 | ||
| Chapter 6\rIntentional Torts | 133 | ||
| TRESPASS TO THE PERSON | 133 | ||
| ASSAULT | 135 | ||
| BATTERY | 135 | ||
| TYPES OF CONSENT | 136 | ||
| ELEMENTS OF A VALID CONSENT | 137 | ||
| CHILDREN | 140 | ||
| EMERGENCIES | 144 | ||
| IMPAIRED INTELLECTUAL DECISION-MAKING CAPACITY | 146 | ||
| REFUSAL TO CONSENT | 150 | ||
| CONSENT BY RELATIVES | 150 | ||
| OBTAINING CONSENT | 151 | ||
| CONSENT FORMS | 151 | ||
| CONSENT TO RESEARCH | 152 | ||
| FALSE IMPRISONMENT | 152 | ||
| DEFAMATION | 154 | ||
| Further reading | 158 | ||
| Section 3\rLife and Death Issues | 163 | ||
| Chapter 7\rRefusal of Treatment | 165 | ||
| INTRODUCTION | 165 | ||
| REFUSAL OF TREATMENT | 166 | ||
| ADVANCE CARE PLANNING AND DIRECTIVES | 166 | ||
| STATES AND TERRITORIES WITH LEGISLATIVE FRAMEWORKS | 167 | ||
| POWER OF ATTORNEY | 178 | ||
| GUARDIANSHIP | 179 | ||
| WITHDRAWAL AND REFUSAL OF TREATMENT — COMMON LAW | 183 | ||
| ‘NOT FOR RESUSCITATION’ ORDERS | 189 | ||
| Further reading | 192 | ||
| Chapter 8\rManipulation of Life | 195 | ||
| INTRODUCTION | 195 | ||
| ABORTION | 195 | ||
| TISSUE TRANSPLANTATION | 202 | ||
| Further reading | 213 | ||
| Chapter 9\rCriminal Law Issues and the Coroner | 219 | ||
| INTRODUCTION | 219 | ||
| WHAT IS A CRIME? | 219 | ||
| SOURCES OF CRIMINAL LAW | 220 | ||
| FEATURES OF THE CRIMINAL LAW | 221 | ||
| ELEMENTS OF A CRIME | 222 | ||
| CRIMINAL NEGLIGENCE | 224 | ||
| STRICT LIABILITY | 224 | ||
| PARTIES TO OFFENCES: ACCOMPLICES | 224 | ||
| CRIMINAL LAW DEFENCES | 225 | ||
| HOMICIDE | 227 | ||
| EUTHANASIA | 230 | ||
| CHILD DESTRUCTION AND FETICIDE | 233 | ||
| INFANTICIDE | 234 | ||
| ADDITIONAL CRIMINAL OFFENCES | 235 | ||
| THE CORONER | 238 | ||
| Further reading | 243 | ||
| Section 4\rWorking within the Law | 247 | ||
| Chapter 10\rContractual and Industrial Elements of Professional Practice | 249 | ||
| INTRODUCTION | 249 | ||
| CONTRACT LAW | 249 | ||
| INDUSTRIAL RELATIONS | 262 | ||
| INDUSTRIAL LAW AND EQUAL OPPORTUNITY ISS | 279 | ||
| HEALTH AND SAFETY OBLIGATIONS | 282 | ||
| WORKERS COMPENSATION | 285 | ||
| Further reading | 287 | ||
| Endnotes | 288 | ||
| Chapter 11\rStatutes Controlling Health Service Delivery | 291 | ||
| INTRODUCTION | 291 | ||
| REGULATION OF DRUGS AND POISONS | 291 | ||
| MENTAL HEALTH LEGISLATION | 302 | ||
| CHILD ABUSE | 308 | ||
| ELDER ABUSE | 311 | ||
| CERTIFICATION OF BIRTHS AND DEATHS | 314 | ||
| Further reading | 316 | ||
| Chapter 12\rRegistration and Regulation of Health Professionals | 321 | ||
| INTRODUCTION | 321 | ||
| NATIONAL REGISTRATION | 322 | ||
| STATE- AND TERRITORY-BASED REGISTRATION | 326 | ||
| MEDICAL PRACTICE | 329 | ||
| NURSING PRACTICE | 331 | ||
| COMPLEMENTARY AND ALTERNATIVE MEDICINE | 334 | ||
| DISCIPLINARY ISSUES | 335 | ||
| CASE LAW | 344 | ||
| CODES OF CONDUCT | 346 | ||
| MENTAL AND PHYSICAL INCAPACITY | 346 | ||
| SUBSTANCE AND/OR ALCOHOL ABUSE | 346 | ||
| SEXUAL MISCONDUCT | 347 | ||
| DISCIPLINARY PROCESSES | 347 | ||
| CODES OF ETHICS | 348 | ||
| Further reading | 349 | ||
| Section 5 Appendices\r | 355 | ||
| Table of Cases | 357 | ||
| Table of Statutes | 360 | ||
| Abbreviations | 369 | ||
| Expert Witness Code of Conduct | 371 | ||
| AMA Code of Ethics — 2004Editorially Revised 2006 | 373 | ||
| INDEX | 379 |