Legal Aspects of Nursing and Low in Nursing

In every society there are some common and statutory laws for protection of the rights of the people and nursing involves people, hence for safe nursing practice every nurse has to understand the law and legal responsibilities to protect the rights of her patient as well as to protect herself from liabilities.
Every nurse has to know personal, ethical and legal responsibilities regarding state licensing laws, statutory laws, common laws and professional laws, code of ethics and changes occurring periodically for her own safeguard and knowledge.
Purpose of Nursing Law :
1) To protect rights of the individual. 
2) To punish people indulging in forbidden acts. 
3) To correct inequalities in the society. 
4) To make amendment in the rights of individual to suit the prevailing requirements of the society.

Every member of the society and professional body must be aware of various laws to lead respectful fearless life in the society. Constitutional laws of our country protects the fundamental rights of the citizen of India.

Different Nursing Laws :

1) Common Laws - are decisions made by the judges in the court. 

2) Labour Laws - are laid down rights and obligations between the employer and employees. 

3) Statutory Laws - define obligations of citizens to act in a particular manner. 

4) Criminal Laws - are closer to the statutory laws which explains the forbidden acts and punishment to the individual committing crime. 

5) Tort Laws - This kind of law includes deformation, assault, negligence, fraud etc.

Professional Laws in Nursing :

As in any other profession, nursing profession too has its own legal part or laws which every nurse must know to protect herself from making any mistakes or be harmed by others, but detailed knowledge of legal terminology is unnecessary in practice. Still general understanding of legal responsibility and a nurse is obliged to her profession and to protect the patients through the law is very essential.

Indian Nursing Council (INC) : This is a statutory body established in the year 1947 by an Act of parliament in India. Its main function is to provide uniform standard of nursing education throughout the country and the Act was amended in 1986, included the registration of qualified nurses. It regularly checks and inspects Nursing Schools, Institutions for qualitative courses, registers of qualified nurses, prescribes to conduct nursing course, examination and certificates as per INC norms. It has given authority to all the nursing council in local levels.

Professional Organization : Every professional body has its own organization with its own code of ethics in the interest of development progress of organization, protection of members.

Policy Framed by Nurses Association of India (INAI) :

1) Nurses are obliged to follow the physician's orders, unless the orders are in any way is harmful to the patient, as which she has to bring to the notice of authority by giving explanation to carry out the order. 

2) Before carrying out any physical procedures nurse has to obtain informed consent from patient and the relative. 

3) Nurse should always be helpful, co-operative in giving her service to the patient and his relatives, avoid rude language or misbehaviour which is legally punishable, 

4) Nurse require additional training and ongoing service education for practicing specialized area such as paediatrics, cardiology, neurology etc. 

5) Nurse patient relation not only enhances the profession but also nurse-patient ratio help to further provide better service procedures. 

6) A registered practicing nurse can never refuse her service to the patient specially at the time of emergency when her service is most required.

Negligence : The negligence and malpractice can lead a nurse to the legal punishment according to the condition of the crime. She is responsible to patient, under the consumer protection Act. This Act also prescribe penalties for negligence, but does not applies to government hospitals.