Nursing Law and Ethics

6.5 Clinical negligence: the future Clinical negligence claims are big business. The numbers of claims brought has increased ver ...

For a discussion of this issue, see Foster, Charles, 1997) Medical negligence: The new cornerstone Bolithov.City & Hackne ...

21.The Judicial Studies Board Guidelines for the Assessment of General Damages in Personal Injury Cases,4th edn, 1999. Blackston ...

BAnEthical Perspective ± Negligence and Moral Obligations Harry Lesser It is fairly clear that in a broad sense the legal and et ...

6.8 The Code of Professional Conduct Moreover, the standard of care required by ethics is higher than that needed to avoid the d ...

better. And better you are going to get.' But nursing ethics seems to require either that interests and well-being' are given a ...

sible cure. Sometimes this can be dealt with by being left to the patient; some- times it is not in the nurse's hands, but a mat ...

6.10 The ethical duty of care Three of the five issues have now been raised, if sketchily: the concern of ethics with potential ...

does: the use of the phrase within your sphere of responsibility' makes named practitioners and team leaders generally responsib ...

conflict, that the interests of the child ought ethically to prevail )in their judge- ment), and they cannot simply withdraw fro ...

remove this personal accountability. Benjamin and Curtis [1] put the point very clearly: `In so far as a nurse has an obligation ...

6.12 Conclusion Acarer has both a legal and an ethical duty to avoid negligence. The ethical duty differs from the legal one pri ...

Chapter 7 Consent and the Capable Adult Patient A The Legal Perspective Jean McHale Obtaining the consent of a patient to treatm ...

professional conflicts of disclosure. The nurse should note clause 5 of the UKCC code which states that he or she should: `work ...

given appropriate information about the implications of the test ,and appropriate time to consider and discuss them.' It is subm ...

`if the disability is such that ,at the time when the decision needs to be made he or she is unable to understand or to retain t ...

totally incapable of making a decision to consent or refuse consent. However ,in the later case ofRe T?1992) the Court of Appeal ...

7.2.2 Treating in an emergency where no consent can be obtained There may be some situations in which it is lawful for the nurse ...

Appeal set out guidance concerning cases in which patients refused treatment ?case discussed further at p. 109 below). Where a p ...

emphasis on a US caseRe AC?1990). In a number of cases courts in the USA were prepared to order pregnant women to be given a cae ...