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Nursing and the Law is the most established health law textbook in Australia. The only law text written specifically for nurses, the new 5th edition of Nursing and the Law is designed for nursing students studying law as part of their undergraduate or postgraduate nursing degree. The text focuses on the legal responsibilities of nurses in Australia, and provides students with a concise understanding of the application of basic legal principles to professional nursing practice. It is also a valuable resource for nurses practising in all specialisations and at all levels.

The text has been fully revised and updated, and includes discussion of current statutes and legislation for every state and territory. Mary Chiarella joins Patricia Staunton as co-author of the new edition, which retains many of the features that have kept this book at the forefront of nursing education.

Preface

Table of abbreviations

CHAPTER 1 Introduction to the law

　Understanding What the Law is

　Influence of the Different Philosophies on the Development of our Laws

　Where Does our Law Come From?

　　Development of the common law

　　Parliamentary or statute law

　The Application of English Legal Principles to Australia

　How the Law Operates

　　Criminal law

　　Civil law

　　Civil and criminal consequences from one action

　Administrative Machinery of the Law

　　Local Courts or Magistrates' Courts

　　District or County Courts

　　State Supreme Courts

　　Federal Court of Australia

　　Family Court of Australia

　　High Court of Australia

　　Other court systems and tribunals

　　The appeal process

　　The doctrine of precedent

　　Who pays the bill?

　Criminal Law

　　Development of the criminal law

　　The elements of a crime

　　Criminal negligence and the significance of the element of intent in health care settings

CHAPTER 2 The relationship between law and ethics

　Ethics: What it is

　Ethics: What it is Not

　　 An example of an ethical problem

　　　 How might the nurse respond?

　　 What resources are available to assist nurses to

　　　 address such dilemmas?

　Major Ethical Theories

　　Deontological or intrinsicalist theories

　　Teleological or consequentialist theories

　　Modern feminist ethics

　The Four Major Ethical Principles

　　Autonomy

　　Non-maleficence

　　Beneficence

　　Justice

　Models for Ethical Decision-making in Health Care

　Conclusion

CHAPTER 3 Negligence and vicarious liability

　Negligence as Part of the Law of Civil Wrongs

　　Is there a definition of negligence?

　Principle 1 -- The Defendant Owed the Plaintiff a Duty of Care

　　What is the position outside work?

　　The standard of care expected

　　……

CHAPTER 4 Consent to freatment

CHAPTER 5 The contract of employment including occupational health and safety and workers compensation

CHAPTER 6 The adminsitration of drugs

CHAPTER 7 Report writing:confidentiality of and access to patient records

CHAPTER 8 Professional regulation of nursing practice

CHAPTER 9 Coroners'Courts

CHAPTER 10 Human tissue transplantation

CHAPTER 11 Mental health

Index

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