NRS123
Elements of Valid Consent - ANS Informed of risks and benefits
Person has capacity
Freely given (not coerced)
Principles of Civil Negligence - ANS Duty of care owed
Duty of care breached (below acceptable standards)
The negligent act caused harm/loss to the person
The damage/loss was foreseeable
Defences for Civil Negligence - ANS General denial/rebuttal
Contributory negligence
Informed consent
Unsatisfactory professional conduct - ANS Conduct of a significantly lesser standard than is
reasonably expected
Professional misconduct - ANS Unsatisfactory professional conduct of a sufficiently serious nature to
justify suspension or cancellation of registration (this can include more than one instance of
unsatisfactory professional conduct that, when considered together, are sufficiently serious to justify
suspension or cancellation of registration)
Defamation - ANS A statement of fact or opinion, or implied fact or opinion, that is published and
harms the reputation of the other person
Notifiable Conduct - ANS Nurses are mandated to report modifiable conduct of health professionals.
This includes:
* practicing under the influence of drugs or alcohol
* sexual misconduct
* practicing with an impairment that places the public at risk
* practicing in a manner that is a significant departure form accepted professional standards, placing
the public at risk
,Privacy - ANS A legal requirement to ensure individual's personal information is kept safe from loss,
misuse or unauthorised disclosure to protect the privacy of individuals. Refer to the Health Records
Information Privacy Act (2002)
Confidentiality - ANS Refers to the contract between the Health professional and the patient,
restricting disclosure of information provided by the patient
Legal actions of Breach of Confidence - ANS > breach of contract
> negligence
> defamation
When is it lawful to disclose information? - ANS > notifiable disease (under the Public Health Act
1991 NSW)
> Crimes including suspected child abuse (under the Children and Young Persons Care and Protection
Act 1998 NSW)
> by court order or search warrant (seek advice of supervisor and/or legal advice first)
> notifiable conduct (professional misconduct)
Health Records - why are they used? - ANS > transition of care
> keep an accurate record of treatment
> document the patient's care experience
> keep track of improvements or deterioration of health
> for training, quality and research purposes
4 principles of negligence - ANS > A duty of care must exist
> Must be a breach of the standard of care
> There must be damage to the patient as a result of the negligent act or omission
> The damage must have been reasonably foreseeable and a direct link must exist between the
damage and the act or omission (causation)
What is the Civil Liabilities Act 2002 (NSW) - ANS This Act is designed to increase personal
responsibility but limit liability of health practitioners. Under this legislation, nurses are expected to
meet a standard of care required of the "reasonable" registered nurse. Nurses working in the
profession determine the accepted standard of care
, Vicarious Liability - ANS Legal doctrine under which a party can be held liable for the wrongful
actions of another party. It needs to be determined that the nurse was an employee of the
organisation and the negligent act occurred within the course and scope of employment
Duty of Care - ANS the obligation a nurse owes a person (patient) not to cause any unreasonable
harm or risk of harm
What is the law? - ANS A set of rules and principles governing the behaviours of society. The law is
not static and evolves as the values of society change. Without the law there would be anarchy and
individuals may have their rights and freedoms abused by the most dominant in society
Ways nurses can be held responsible at law - ANS > negligence
> defamation
> assault/battery
> crime
> other offences (stealing, forgery etc)
> other liability
The rule of law: - ANS > Applies to everyone equally and fairly
> Supports the fundamental human rights and the separation of powers
Separation of Arms - ANS Three arms of government are separate and perform separate functions:
> legislative (parliament- make new laws)
> executive (administers the law)
> judiciary (makes judgements on the law)
Separation of Arms / Rule of law - ANS Separation of Arms supports the rule of law through the
separation of powers which ensures the government is under the law, which is a key concept of the
rule of law
Vital to the rule of law operations: - ANS > Fairness (Applies to everyone- government and citizens)
> Rationality (Applies to everyone- government and citizens)
Elements of Valid Consent - ANS Informed of risks and benefits
Person has capacity
Freely given (not coerced)
Principles of Civil Negligence - ANS Duty of care owed
Duty of care breached (below acceptable standards)
The negligent act caused harm/loss to the person
The damage/loss was foreseeable
Defences for Civil Negligence - ANS General denial/rebuttal
Contributory negligence
Informed consent
Unsatisfactory professional conduct - ANS Conduct of a significantly lesser standard than is
reasonably expected
Professional misconduct - ANS Unsatisfactory professional conduct of a sufficiently serious nature to
justify suspension or cancellation of registration (this can include more than one instance of
unsatisfactory professional conduct that, when considered together, are sufficiently serious to justify
suspension or cancellation of registration)
Defamation - ANS A statement of fact or opinion, or implied fact or opinion, that is published and
harms the reputation of the other person
Notifiable Conduct - ANS Nurses are mandated to report modifiable conduct of health professionals.
This includes:
* practicing under the influence of drugs or alcohol
* sexual misconduct
* practicing with an impairment that places the public at risk
* practicing in a manner that is a significant departure form accepted professional standards, placing
the public at risk
,Privacy - ANS A legal requirement to ensure individual's personal information is kept safe from loss,
misuse or unauthorised disclosure to protect the privacy of individuals. Refer to the Health Records
Information Privacy Act (2002)
Confidentiality - ANS Refers to the contract between the Health professional and the patient,
restricting disclosure of information provided by the patient
Legal actions of Breach of Confidence - ANS > breach of contract
> negligence
> defamation
When is it lawful to disclose information? - ANS > notifiable disease (under the Public Health Act
1991 NSW)
> Crimes including suspected child abuse (under the Children and Young Persons Care and Protection
Act 1998 NSW)
> by court order or search warrant (seek advice of supervisor and/or legal advice first)
> notifiable conduct (professional misconduct)
Health Records - why are they used? - ANS > transition of care
> keep an accurate record of treatment
> document the patient's care experience
> keep track of improvements or deterioration of health
> for training, quality and research purposes
4 principles of negligence - ANS > A duty of care must exist
> Must be a breach of the standard of care
> There must be damage to the patient as a result of the negligent act or omission
> The damage must have been reasonably foreseeable and a direct link must exist between the
damage and the act or omission (causation)
What is the Civil Liabilities Act 2002 (NSW) - ANS This Act is designed to increase personal
responsibility but limit liability of health practitioners. Under this legislation, nurses are expected to
meet a standard of care required of the "reasonable" registered nurse. Nurses working in the
profession determine the accepted standard of care
, Vicarious Liability - ANS Legal doctrine under which a party can be held liable for the wrongful
actions of another party. It needs to be determined that the nurse was an employee of the
organisation and the negligent act occurred within the course and scope of employment
Duty of Care - ANS the obligation a nurse owes a person (patient) not to cause any unreasonable
harm or risk of harm
What is the law? - ANS A set of rules and principles governing the behaviours of society. The law is
not static and evolves as the values of society change. Without the law there would be anarchy and
individuals may have their rights and freedoms abused by the most dominant in society
Ways nurses can be held responsible at law - ANS > negligence
> defamation
> assault/battery
> crime
> other offences (stealing, forgery etc)
> other liability
The rule of law: - ANS > Applies to everyone equally and fairly
> Supports the fundamental human rights and the separation of powers
Separation of Arms - ANS Three arms of government are separate and perform separate functions:
> legislative (parliament- make new laws)
> executive (administers the law)
> judiciary (makes judgements on the law)
Separation of Arms / Rule of law - ANS Separation of Arms supports the rule of law through the
separation of powers which ensures the government is under the law, which is a key concept of the
rule of law
Vital to the rule of law operations: - ANS > Fairness (Applies to everyone- government and citizens)
> Rationality (Applies to everyone- government and citizens)
