Law, Ethics, Torts, Civil vs. Criminal Law, Contract
Law | Verified Q&A .
Functions and relationships of law
Basic functions:
- Defines
- Describes
- Provides solutions
- Redefines
Relationships to ethics
- Ethics = oughtness
- Law = must do
- Not always congruent
Sources of law
Constitutional, statutory (legislative), administrative, common law
Constitutional
- Democracy foundation
- Charter of Rights and Freedoms
Statutory
- Statutes
- Acts
- Regulations
Administrative Law
Disciplinary processes and sanctions by a professional association
Common Law
Derived from custom and judicial precedent rather than statutes
Practice Standards
Written statements that detail what nurses are responsible for
What is a controlled act?
, Act that may be harmful if performed by an unqualified person
What are 2 types of law
- Public
- Private (civil)
What is a tort
Must involve a wrong someone has suffered because of the actions of somebody else
- Injury or wrong: battery, neglect
- Intentional: you want to harm someone else
- Nonintentional: you can be sued even if it's unintentional
- Compensation: only provided to victims
What is an intentional tort
Statement with intent to damage the reputation of the person to which it refers
ex. defamation, battery, and assault
Requirements for defamation
Must be:
- Verbal (slander)
- Published (libel)
- Third party
- Specific
- Successful suit
- Importance of accuracy
- Protects against reputation
A defamation suit is successful if
1) the meaning of the communication is defamatory even if the intent was not
2) the message is false or unfounded; truth is a complete defense to defamation
3) communication must have been heard or seen by a third party
Battery and consent
Willfully bringing harm or offensive, and non-consensual contact on another
Consent: written consent is not consent in and of itself, but only a record that the patient did
consent
Assault