Law for Nurses and Midwives
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
Law for Nurses and Midwives
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
