Nursing law and ethics / edited by John Tingle and Alan Cribb.

Format:

Book

Contributor:

Tingle, John.

Cribb, Alan.

Language:

English

Subjects (All):

Nursing--Law and legislation--Great Britain.

Nursing.

Nursing ethics--Great Britain.

Nursing ethics.

Nursing--Law and legislation.

Nursing--Law and legislation--U.S. states.

Great Britain.

Physical Description:

xiv, 304 pages : illustrations ; 25 cm

Edition:

Second edition.

Place of Publication:

Oxford ; Malden, MA : Blackwell Science, 2002.

Summary:

This valuable book is distinctive in that it deals with both law and ethics. There is both practical and academic value in knowing 'what the law requires' and' what is right', and in understanding that these two are not always the same. p>This second edition builds upon the strengths of the first. The interface between law, ethics and nursing is explored in the first part of the book as are patient complaints and the changing policy context of nursing law. The chapters in Part 2 contain both legal and ethical perspectives on more specialist topics including negligence, consent, resource allocation, mental health nursing, the critically ill patient, clinical governance and research.

Contents:

Part 1 The Dimensions 1

1 The Legal Dimension: Legal System and Method / John Hodgson 3

1.1 The law and its interpretation 3

1.2 The English legal system 9

1.3 Legal method 13

1.4 The legal context of nursing 15

2 The Ethical Dimension: Nursing Practice, Nursing Philosophy and Nursing Ethics / Alan Cribb 19

2.1 Promoting welfare and well-being 20

2.2 Respect for persons and respect for autonomy 22

2.3 Utilitarianism and the public interest 23

2.4 Principles of health care ethics 25

2.5 Philosophical ethics

its value and limitations 26

2.6 Being a good nurse 28

3 The Professional Dimension: Professional Regulation in Nursing, Midwifery and Health Visiting / Reg Pyne 31

3.1 The present nursing regulatory system summarised 32

3.2 Constitution of the UKCC 32

3.3 Regulating British medicine 35

3.4 Regulation of nursing

the short term prospect 39

3.5 The new context for professional regulation 41

4 The Complaints Dimension: Patient complaints in Health Care Provision / Arnold Simanowitz 48

4.1 The 'new' complaints systems 51

4.2 The Health Service Commissioner (Ombudsman) 53

4.3 Complaints in the independent health care sector 54

4.4 Disciplinary issues 55

4.5 Help for complainants 56

4.6 Complaints and litigation 56

4.7 The ethical aspect 58

5 The Policy Dimension: the Legal Environment of the New NHS / John Tingle 60

5.1 The Government's health policy agenda 61

5.2 Focus on health litigation 62

5.3 Law and health policy: changing the balance of power 68

5.4 The cumulative effect of the reforms 70

Part 2 The Perspectives 73

6 Negligence 75

A The Legal Perspective / Charles Foster 75

6.1 The elements of the tort of negligence 76

6.2 The existence of a duty of care 76

6.3 Breach of duty 77

6.4 Causation 81

6.5 Clinical negligence: the future 87

B An Ethical Perspective

Negligence and Moral Obligations / Harry Lesser 90

6.7 Harm and risk 90

6.8 The Code of Professional Conduct 91

6.9 Personal ethics 91

6.10 The ethical duty of care 94

6.11 Conflicts between law and ethics 95

7 Consent and the Capable Adult Patient 99

A The Legal Perspective / Jean McHale 99

7.1 Consent to treatment

some general issues 100

7.2 Civil law liability 103

7.3 Conflicts in disclosure 116

Consent and Patient Autonomy / Bobbie Farsides 121

7.6 Voluntariness, coercion and consent 122

7.7 Consent and autonomy 122

7.8 Deliberation 126

7.9 The right to refuse or accept 127

7.10 The consent process: translating theory into practice 128

8 Responsibility, Liability and Scarce Resources 131

A The Legal Perspective / Robert Lee 131

8.1 Standards of care 131

8.2 The problem of inexperience 133

8.3 Risk and precautions 134

8.4 Staff shortages 136

8.5 Lack of resources 138

8.6 From vicarious to direct liability 139

8.8 Scarce resources and professional responsibility 144

How to Do the Right Thing / David Seedhouse 150

8.13 Nursing in scarcity 151

8.14 A number

or a free person? 152

8.15 Principled solutions? 155

9 Mental Health Nursing 159

A The Legal Perspective / Michael Gunn, M.E. Rodgers 159

9.1 Treatment under the Mental Health Act 1983 159

9.2 Treatment outside the Mental Health Act 1983 167

9.3 Looking to the future: Who Decides? Making decisions on behalf of incapacitated adults and Making Decisions 170

9.4 The nurse's holding power

section 5(4) of the Mental Health Act 1983 172

9.5 Detention by informal methods 174

9.6 The management of violent or aggressive patients 175

9.7 Patients or individuals with personality disorders 177

9.8 Treatment in the community 178

9.9 Reforms 180

Compulsion and Autonomy / Harry Lesser 185

9.11 The ethical use of compulsion 185

9.12 Ethics and the current law: Szasz's view 187

9.13 Ethics and forms of treatment 188

9.14 Proposed changes in the law 190

9.15 Consequences for nurses 192

10 The Critically Ill Patient 194

A The Legal Perspective / Linda Delany 194

10.1 Babies and young children 195

10.2 Teenagers 200

10.3 Adults able to make their own decisions 202

10.4 Adults unable to make their own decisions 204

Declining and Withdrawing Treatment / Robert Campbell 211

10.7 Consent 211

10.8 Refusing treatment 214

10.9 Advance directives 217

10.10 Withdrawing treatment 218

11 Clinical Governance 224

A The Legal Perspective / Jo Wilson 224

11.1 Principles of clinical governance 225

11.2 Clinical governance processes 226

11.3 Dimensions of clinical governance 226

11.4 Elements of clinical governance 228

11.5 Risk management 229

11.6 Risk 229

11.7 Risk modification 230

11.8 Controls assurance 231

11.9 Developing best clinical practice 231

Quality and Judgement / Lucy Frith 240

11.12 Setting standards 241

11.13 Putting clinical governance into practice 245

11.14 Monitoring 248

12 Clinical Research and Patients 252

A The Legal Perspective / Marie Fox 252

12.1 Definition of clinical research 253

12.2 Regulation of clinical research 254

12.3 Ethical review 261

12.4 Vulnerable groups of research subjects 264

12.5 Case study

xenotransplantation 269

Nursing Research / Richard Ashcroft 278

12.8 The sources of nursing ethics 278

12.9 Ethics and the design of research 280

12.10 The competence of the research staff and research governance 282

12.11 Recruitment and consent 283

12.12 Research and care 284.

Notes:

Includes bibliographical references and index.

ISBN:

0632055073

OCLC:

49783922