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Nursing and The Law
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  • Course
  • What Is Nursing (NUR4031)
  • Institution
  • Birmingham City University (BCU)

Lecture notes about Nursing and The Law, what Laws are in place to help Nurses do their job effectively and ensure they and the patient are safe and aware of what is happening around them.

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Document information

  • February 6, 2024
  • 2
  • 2023/2024
  • Class notes
  • Cara and katie
  • Nursing and the law

Subjects

  • legislation
  • confidentiality
  • consent
  • children
  • responsability

Written for

  • Birmingham City University (BCU)
  • Unknown
  • What Is Nursing (NUR4031)
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Nursing & Law
Type of Law:
 Legislation
Made in parliament, called statutes. E.g. Mental Health Act 1983, Mental Capacity
Act 2005, Human Rights Act 1998
 Common Law
Non written law based on case precedent. Presided over by judges. E.g.
confidentiality, consent.
 Civil/Tort Law
For those who suffer loss due or harm due to wrongful acts of another. E.g.
negligence and trespass.
 Criminal Law
Offenses against the public. Can include legislation and common law. E.g. murder,
assault and criminal damage.
(Avery, 2017)

Duty of Care & Negligence:
 Negligence falls into civil/tort law

To prove negligence the claimant must prove:
1. A duty of care was owed
2. The standard of duty of care was breached
3. Foreseeable harm was caused
Confidentiality:
 Origins in common law
 Has some back-up in legislation
Data Protection Act 1998
Human Rights Act 1998
 Covered by the NMC Code (2018)
Respect people’s right to privacy and confidentiality
As a nurse, midwife or nursing associate, you owe a duty of confidentiality to all
those who are receiving care. This includes making sure that they are informed about
their care and that information about them is shared appropriately.
(Cornock, 2021)

Consent:
 Origins in common law
 Backed up by legislation
Human Rights Act 1998
Mental Capacity Act 2005
 Covered in the NMC Code (2018)

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