First published in 1985, Law for Nurses and Midwives continues to provide the most comprehensive and practical nursing text available to assist nurses and midwives to practise professionally and safely.
The book is designed to support the reader to apply relevant legal, ethical and regulatory principles to their day-to-day clinical practice. For example, when students are starting a surgical placement, they can find the latest practical legal advice on consent; when they are on a medical placement, they can refer to the chapter on medications.
This tenth edition is fully updated and incorporates legislative changes of all relevant practice areas in all states and territories in Australia. Ideal for students undertaking a diploma, bachelor’s or postgraduate degree, it will remain relevant throughout their careers as an invaluable reference guide that enhances the provision of safe, quality healthcare in Australia.
Includes relevant case law and hypothetical examples — shows how legal principles directly relate to daily clinical practice
Legal, ethical and regulatory concepts introduced in an engaging way — easy to read and understand
Includes practical considerations of ethical decision-making
Logical sequencing and flow of information, with end-of-chapter review questions and key points boxes to support learning
Cases and case examples throughout demonstrate concepts and application to practice
New to this edition
Covers hot topics including voluntary assisted dying, changes to organ and tissue transplantation and donation, and updated discussion on codes of ethics and codes of conduct
Provides the most comprehensive guide to mental health legislation of any text available for undergraduate and postgraduate nurses and midwives in Australia
Instructor and student ancillaries including multiple-choice questions and answer guidance for chapter questions
Content relevant to enrolled nurses
Instructor resources on Evolve:
Case studies
Model answers to end-of-chapter review questions
Student and Instructor resources on Evolve:
Multiple-choice questions
1. Section 1. Introduction - p. 1 2. 1. An introduction to the law and Australia’s legal system - p. 2 3. 2. The relationship between law and ethics - p. 18 4. 3. The international confederation of midwives code of ethics for midwives and the international council of nurses code of ethics for nurses - p. 30 5. Section 2. Commencing as a Professional - p. 41 6. 4. Professional regulation of nurses and midwives - p. 42 7. 5. The contract of employment including workplace health and safety and workers compensation - p. 67 8. Section 3. Professional Practice - p. 88 9. 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) - p. 89 10. Introduction - p. 89 11. Why is consent important? - p. 89 12. Negligence must be distinguished - p. 90 13. What information is available to help professionals and patients? - p. 93 14. How may consent be given? - p. 93 15. What are the elements of a valid consent? - p. 95 16. The right to withhold consent to treatment - p. 116 17. The right to request assistance to end your life - p. 121 18. The right to restrain or detain patients without their consent - p. 123 19. Conclusion - p. 126 20. Chapter 6 review questions - p. 126 21. Endnotes - p. 127 22. 7. Professional negligence - p. 130 23. Introduction - p. 130 24. The development of common law principles in relation to allegations of professional negligence and legislative changes affecting them - p. 130 25. Professional negligence in a healthcare context - p. 131 26. The principle of duty of care as it applies to a nurse or midwife - p. 131 27. Second principle in a civil action alleging professional negligence: Determining the standard of care expected of health professionals - p. 134 28. Determining the standard of care expected of nurses and midwives - p. 140 29. Should a nurse or midwife question treatment or medication orders as part of the duty and standard of care? - p. 167 30. 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 - p. 170 31. The awarding of compensation by the courts - p. 175 32. Defences to an action alleging professional negligence - p. 176 33. Vicarious liability - p. 178 34. Professional indemnity insurance requirements for health professionals, including nurses and midwives - p. 183 35. The employer’s direct liability for negligent employees - p. 184 36. The nurse or midwife as a good samaritan - p. 185 37. Time limits or limitation periods for bringing a civil negligence claim - p. 186 38. Provisions for an apology within the context of potential civil liability for negligence - p. 187 39. Conclusion - p. 187 40. Chapter 7 review questions - p. 187 41. Endnotes - p. 188 42. Section 4. Nursing Practice - p. 191 43. 8. The administration of drugs - p. 192 44. 9. Documentation and confidentiality of and access to patient records (including e-records, incident reporting and open disclosure) - p. 205 45. Section 5. Specialised Areas of Practice - p. 223 46. 10. Mental health - p. 224 47. Introduction - p. 224 48. The establishment of principles governing Mental Health Care and Treatment in Australia - p. 224 49. The legislative framework for the provision and regulation of mental health care and treatment in Australia - p. 226 50. Overview of the mental health legislation of each state and territory - p. 231 51. Australian capital territory: Mental Health Act 2015 - p. 232 52. New South Wales: Mental Health Act 2007 - p. 239 53. Northern Territory: Mental Health and Related Services Act 1998 (incorporating Amendments arising from Northern Territory Mental Health and Related Services Amendment Act 2007) - p. 245 54. Queensland: Mental Health Act 2016 - p. 251 55. South Australia: Mental Health Act 2009 - p. 257 56. Tasmania: Mental Health Act 2013 - p. 263 57. Victoria: Mental Health Act 2014 - p. 268 58. Western Australia: Mental Health Act 2014 - p. 273 59. Conclusion - p. 281 60. Chapter 10 review questions - p. 281 61. Endnotes - p. 281 62. 11. Coronial jurisdiction - p. 283 63. 12. Human tissue transplantation - p. 293 64. Index - p. 309
First published in 1985, Law for Nurses and Midwives continues to provide the most comprehensive and practical nursing text available to assist nurses and midwives to practise professionally and safely.
The book is designed to support the reader to apply relevant legal, ethical and regulatory principles to their day-to-day clinical practice. For example, when students are starting a surgical placement, they can find the latest practical legal advice on consent; when they are on a medical placement, they can refer to the chapter on medications.
This tenth edition is fully updated and incorporates legislative changes of all relevant practice areas in all states and territories in Australia. Ideal for students undertaking a diploma, bachelor’s or postgraduate degree, it will remain relevant throughout their careers as an invaluable reference guide that enhances the provision of safe, quality healthcare in Australia.
Includes relevant case law and hypothetical examples — shows how legal principles directly relate to daily clinical practice
Legal, ethical and regulatory concepts introduced in an engaging way — easy to read and understand
Includes practical considerations of ethical decision-making
Logical sequencing and flow of information, with end-of-chapter review questions and key points boxes to support learning
Cases and case examples throughout demonstrate concepts and application to practice
New to this edition
Covers hot topics including voluntary assisted dying, changes to organ and tissue transplantation and donation, and updated discussion on codes of ethics and codes of conduct
Provides the most comprehensive guide to mental health legislation of any text available for undergraduate and postgraduate nurses and midwives in Australia
Instructor and student ancillaries including multiple-choice questions and answer guidance for chapter questions
Content relevant to enrolled nurses
Instructor resources on Evolve:
Case studies
Model answers to end-of-chapter review questions
Student and Instructor resources on Evolve:
Multiple-choice questions
1. Section 1. Introduction - p. 1 2. 1. An introduction to the law and Australia’s legal system - p. 2 3. 2. The relationship between law and ethics - p. 18 4. 3. The international confederation of midwives code of ethics for midwives and the international council of nurses code of ethics for nurses - p. 30 5. Section 2. Commencing as a Professional - p. 41 6. 4. Professional regulation of nurses and midwives - p. 42 7. 5. The contract of employment including workplace health and safety and workers compensation - p. 67 8. Section 3. Professional Practice - p. 88 9. 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) - p. 89 10. Introduction - p. 89 11. Why is consent important? - p. 89 12. Negligence must be distinguished - p. 90 13. What information is available to help professionals and patients? - p. 93 14. How may consent be given? - p. 93 15. What are the elements of a valid consent? - p. 95 16. The right to withhold consent to treatment - p. 116 17. The right to request assistance to end your life - p. 121 18. The right to restrain or detain patients without their consent - p. 123 19. Conclusion - p. 126 20. Chapter 6 review questions - p. 126 21. Endnotes - p. 127 22. 7. Professional negligence - p. 130 23. Introduction - p. 130 24. The development of common law principles in relation to allegations of professional negligence and legislative changes affecting them - p. 130 25. Professional negligence in a healthcare context - p. 131 26. The principle of duty of care as it applies to a nurse or midwife - p. 131 27. Second principle in a civil action alleging professional negligence: Determining the standard of care expected of health professionals - p. 134 28. Determining the standard of care expected of nurses and midwives - p. 140 29. Should a nurse or midwife question treatment or medication orders as part of the duty and standard of care? - p. 167 30. 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 - p. 170 31. The awarding of compensation by the courts - p. 175 32. Defences to an action alleging professional negligence - p. 176 33. Vicarious liability - p. 178 34. Professional indemnity insurance requirements for health professionals, including nurses and midwives - p. 183 35. The employer’s direct liability for negligent employees - p. 184 36. The nurse or midwife as a good samaritan - p. 185 37. Time limits or limitation periods for bringing a civil negligence claim - p. 186 38. Provisions for an apology within the context of potential civil liability for negligence - p. 187 39. Conclusion - p. 187 40. Chapter 7 review questions - p. 187 41. Endnotes - p. 188 42. Section 4. Nursing Practice - p. 191 43. 8. The administration of drugs - p. 192 44. 9. Documentation and confidentiality of and access to patient records (including e-records, incident reporting and open disclosure) - p. 205 45. Section 5. Specialised Areas of Practice - p. 223 46. 10. Mental health - p. 224 47. Introduction - p. 224 48. The establishment of principles governing Mental Health Care and Treatment in Australia - p. 224 49. The legislative framework for the provision and regulation of mental health care and treatment in Australia - p. 226 50. Overview of the mental health legislation of each state and territory - p. 231 51. Australian capital territory: Mental Health Act 2015 - p. 232 52. New South Wales: Mental Health Act 2007 - p. 239 53. Northern Territory: Mental Health and Related Services Act 1998 (incorporating Amendments arising from Northern Territory Mental Health and Related Services Amendment Act 2007) - p. 245 54. Queensland: Mental Health Act 2016 - p. 251 55. South Australia: Mental Health Act 2009 - p. 257 56. Tasmania: Mental Health Act 2013 - p. 263 57. Victoria: Mental Health Act 2014 - p. 268 58. Western Australia: Mental Health Act 2014 - p. 273 59. Conclusion - p. 281 60. Chapter 10 review questions - p. 281 61. Endnotes - p. 281 62. 11. Coronial jurisdiction - p. 283 63. 12. Human tissue transplantation - p. 293 64. Index - p. 309
