Legal Aspects of Nursing

BRIDGIT DIMOND MA (Oxon) LLB MPhil DSA, AHSM, Barrister-at-law is Emeritus Professor at the University of South Wales. She is an experienced health service manager and lecturer in health service law and management.  She is also the author of a number of books and articles on all aspects of professional accountability and patients’ rights.

Guided tour  

Table of cases 

Table of statutes

Abbreviations 

Foreword to first edition   

Foreword to seventh edition

Preface to first edition

Preface to seventh edition

Acknowledgements   

 

Part I 

General principles affecting all nurses  

1 Introduction: four arenas of accountability, the legal system and human rights

Accountability   

Criminal liability

Professional liability

Civil liability  

Accountability to employer

Relationship between the four arenas of accountability   

Sources of law   

Differences between civil and criminal law

Civil actions

Judicial Review  

Legal personnel and legal complaints

Legal language   

Human Rights Act 1998   

Freedom of Information Act 2000  

Devolved law-making powers

Conclusions  

Reflection questions  

Further exercises   

References   

2 Actions in the criminal courts and defences to criminal charges 

Initial stages of arrest and prosecution  

Magistrates’ courts   

Plea and Case Management Hearing 

Crown Court proceedings

Elements of a crime

Case of Dr Nigel Cox

Case of Dr Adomako 

Case of Dr Shipman

Case of Beverley Allitt  

Case of Kevin Cobb  

Administration of drug by epidural instead of intravenous injection

Defences   

Criminal injuries compensation  

Conclusions  

Reflection questions  

Further exercises   

References   

3 Liability in a civil court case for negligence   

Duty of care

Standard of care   

Causation  

Liable for what?

Harm  

Conclusions  

Reflection questions  

Further exercises   

References   

4 Specific problem areas in civil liability: personal liability of the nurse, vicarious liability of the employer and managerial issues  

Negligence in communication

Inexperience

Team liability and apportionment of responsibility

Taking instructions: refusal to obey

Nurse as manager  

Vicarious liability of employer   

In the course of employment 

Liability for negligence of volunteers

Duty of care liability for independent contractors  

Direct liability of employer  

Indemnity from the employee at fault   

Pressure from inadequate resources

Public Interest Disclosure Act 1998 and whistleblowing

Conclusions  

Reflection questions  

Further exercises   

References   

5 Statutory functions and management of the NHS

National Health Service

White Paper Equity and Excellence: Liberating the NHS

Enforcement of statutory duties

The National Health Service Commissioning Board (NHS England)

Clinical Commissioning Groups

The Mandate

NHS foundation trusts

Monitor

National Health Service Trust Development Authority

Clinical governance

Duty of quality

Care Quality Commission (replacing the Commission for Health Audit and Inspection (CHAI) (Healthcare Commission))

National Institute for Health and Care Excellence (NICE)

National Service Frameworks (NSFs)

NHS 111 and walk-in clinics

NHS inquiries