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)
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)
