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Florence Nightingale’s Environmental Theory defines nursing as ‘The act of utilising the environment of the patient to assist him or her in recovery’ (Nightingale, 1859/1992). The theory explains how a nurses initiative to configure environmental settings appropriate for the patients health. The theory consists of 5 identified factors;
• Fresh air
• Pure water
• Efficient drainage
• Cleanliness
• Light

Cleanliness is the greater part of nursing consists in preserving cleanliness, it can have a major impact on Carl’s overall care and hospital experience. The other factors associated with their surroundings affect life or biological and physiological processes and development. (Foundation of Adult Nursing, 2019)

The nurse demonstrates significant breaches of the fundamentals of care. Being left in feaces and not providing assistance to wash not only exposes him to bacteria but also a high risk of developing pressure sores if not cleaned and dried appropriately. Having carls daughter help assist him is undignified and lack of support for him and his daughter. These factors are detrimental to Carl’s health and well-being.

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Accountability and the Winterbourne View Scandal 

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Accountability and the Winterbourne View Scandal 

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All Nurses are held to account by the NMC. The NMC is a regulatory body which can sanction or disqualify nurses if they have been found to be partaking in abuse or giving substandard care. This upholds a standard of care and conduct that must be followed by all nurses. In term, this regulatory body safeguards and protects patients such as Carl. As shown in the Winterbourne View Report (2014), infringing on the dignity and respect of vulnerable patients creates negative consequences. Following on from the substandard levels of care given within the facility, 11 members of staff were given custodial sentences. Furthermore, the Health Inspectorate Wales (HIW) inspects hospitals and care facilities to make sure that the 6 C's (NMC, 2017) are adhered to.

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According to the fourth section of  ''The Principles of Nursing Practice' ( RCN, 2010) Nurses should have a person-centred approach to care and promote care which creates dignity and respect. In this scenario the Nurse did not follow these guidelines, due to the fact that the patient has a pre-existing disability from a stroke, which would affect his ability to clean himself properly, thus, leaving him in a vulnerable and undignified state and prone to infection.

Furthermore, section 7 of the 'The Principles of Nursing Practice' (RCN, 2010) highlights the importance of nurses working within a multi-disciplinary team and making sure treatment is coordinated, in order to create the best patient care outcomes. Within this scenario, the nurse failed to prioritise the patient and utilise her team effectively. Instead of putting the onus on the patient to clean himself, the nurse could have explained that she was about to finish her shift but she would make sure the hand over nursing team would prioritise him or the nurse could have gone above and beyond and stayed beyond her shift and supported the patient.

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Principles of nursing practice | Royal College of Nursing

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The eight Principles are used to describe what everyone, from nursing staff to patients, can expect from nursing.

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The NMC Code specifies that the Nurse has a professional duty at all times. One of the four standards is to Prioritise people and in act 1.2 and 1.4 states that nurses should deliver the fundamentals of care effectively and are responsible for any treatment and assistance with care to be delivered with undue delay (NMC 2018). Even though legally if a Nurse is off duty they don't have to intervene. However, to follow the code they should be morally and ethically obliged as it's their duty to make their patient their first concern Rustom et al (2010)

Iwan Dowie (2017) Legal, ethical and professional aspects of duty of care for nurses
(https://journals-rcni-com.rcn.idm.oclc.org/nursing-standard/legal-ethical-and-professional-aspects-of-duty-of-care-for-nurses-ns.2017.e10959)

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RCN Ethical Impact Assessment Tool (2017)

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RCN Ethical Impact Assessment Tool (2017)

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This was published to help guide Nurses decide on an action or plan a piece of work they were about to do. These questions are what the Nurses should be reflecting on in order to be ethical. Available at: https://www.rcn.org.uk/-/media/royal-college-of-nursing/documents/publications/2017/ocotber/pdf-006499.pdf?la=en

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In the fourth section of the NMC Code ‘Promoting Professionalism and Trust’ you can find point 20.3 which states,’ be aware at all times of how your behaviour can affect and influence the behaviour of other people’. In the scenario, the nurse does not communicate with the patient. Therefore, she does not know how they are or how they are feeling. Research has shown that 'approximately 25% of people who have stoma operations experience severe problems with anxiety, depression and other negative emotions at some stage during the year after stoma surgery (White, 1997). Instead, she assumes the patient can deal with their query by themselves and says, 'he needs to be more independent’. By walking off and leaving Carl in bed covered in diarrhoea, she does not know how her behaviour affected him and whether he did manage to independently clean himself up.

As his daughter approached the nurse on behalf Carl, it means Carl was in a position where he was unable to approach the nurse for himself. This suggests the vulnerable situation he was in. Point 20.5 in the fourth section of the NMC Code states, ‘treat people in a way that does not take advantage of their vulnerability or cause them upset or distress’. As Carl is not able to ask. Some research explores this theory.'Patients will often report a loss of confidence, independence and dignity
y, as well as fears of rejection and ridicule (Noone, 2010).'

https://www-magonlinelibrary-com.abc.cardiff.ac.uk/doi/full/10.12968/bjon.2011.20.1.22

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Intertwining into human Rights - Safeguarding / nonmaleficence

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Intertwining into human Rights - Safeguarding / nonmaleficence

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Nurses have a duty to safeguard patients and by assessing this scenario it seems that the nurse is neglecting the patients needs and lacking in knowledge about the patient insinuating a lack competency in her practice. The RCN principles states that “Nurses and nursing staff treat everyone in their care with dignity and humanity – they understand their individual needs, show compassion and sensitivity, and provide care in a way that respects all people equally.” (RNC 2020 Principles of nursing practice) The nurse on duty or not doesn't seem to have an understanding knowing the patient has a colostomy bag that is being exposed to infection, more than likely losing his dignity, feeling neglected and vulnerable by the nurses response to the situation.

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Principles of nursing practice | Royal College of Nursing

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The eight Principles are used to describe what everyone, from nursing staff to patients, can expect from nursing.

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Nurses main responsibility is to take care of the clients and patients who deserve appropriate and safe care. 'One of the Code of Ethics are to practice beneficence, to benefit the patients health.' (M Shahriori 2013) in this Scenario the nurse whether on duty has put the patient at harm by exposing key sites to infection causing a chain of infection.
(https://rcni.com/hosted-content/rcn/first-steps/chain-of-infection ACCESSED: 27/04/2020)

(Nursing ethical values and definitions: A literature review -Nursing ethical values and definitions: A literature review – M Shahriari (2013)

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Carl
Cant manage to get upload a screenshot
so this is the best i could do

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A tort is an action or omission that harms someone and they are civil laws that refer to legal rights of patients and the duties of the nurse.
Examples of torts in nursing can be malpractice and negligence
Acts of omission what we don't do and commission  what we actually do.
As a professional you are held accountable for your actions and in this scenario the nurse would be held responsible for the patient as they care in need of care .

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In this section of the NCLEX-RN examination, you will be expected to demonstrate your knowledge and skills of legal rights and responsibilities in order to:

Identify legal issues affecting the client (e.g., refusing treatment)

Identify and manage the client's valuables according to facility/agency policy

Recognize limitations of self/others and seek assistance

Review facility policy and state mandates prior to agreeing to serve as an interpreter for staff or primary health care provider

Educate client/staff on legal issues

Report client conditions as required by law (e.g., abuse/neglect, communicable disease, gunshot wound)

Report unsafe practice of health care personnel and intervene as appropriate (e.g. substance abuse, improper care, staffing practices)

Provide care within the legal scope of practice

Some of the legal terms that you must be familiar with include these:

Common Law: Common law is law that results from previous legal decisions. They are based on legal precedent. (Berman and Synder, 2012)

Statutory Law: Statutory law is law that is passed by a legislative body such as the state's legislature or the US Congress. (Berman and Synder, 2012)

Constitutional Law: Constitutional law is law that is included in the Constitution of the United States of America and its amendments. (Berman and Synder, 2012)

Administrative Law: Administrative law is rules and regulations that are legally enacted to support some statutory law. For example, nursing boards enact administrative rules and regulations relating to state enacted laws such as the state's nurse practice act and legislated continuing education requirements for the relicensure of nurses. (Berman and Synder, 2012)

Criminal Law: Criminal law, part of public law, covers acts that are illegal and against the law. Criminal law includes felony and misdemeanor infractions of the law. (Berman and Synder, 2012)

Civil Law: Civil law, also part of public law, covers torts and contract laws. (Berman and Synder, 2012)

Torts: Torts are civil laws that address the legal rights of patients and the responsibilities of the nurse in the nurse patient relationship. Some torts specific to nursing and nursing practice include things like malpractice, negligence and violations relating to patient confidentiality. (Berman and Synder, 2012)

Unintentional Torts: Unintentional torts include things like malpractice and negligence.

Intentional Torts: Intentional torts include things like false imprisonment, assault, battery, breaches of privacy and patient confidentiality, slander and libel.

Liability: Liability is vulnerability and legal responsibility, simply stated. For example, nurses are liable when they fail to carry out doctor's orders. (Berman and Synder, 2012)

Respondeat Superior: Respondeat Superior is the legal doctrine or principle that states that employers are legally responsible for the acts and behaviors of its employees. Respondeat Superior does not, however, relieve the nurse of legally responsibility and accountability for their actions. They remain liable. (Berman and Synder, 2012)

Negligence: Negligence is a nonintentional tort. Negligence occurs when the nurse fails to follow established policies, procedures and standards of care in the same manner that another "reasonable" nurse would do in the same situation. (Berman and Synder, 2012)

Malpractice: Malpractice, also a nonintentional tort, has six elements. The elements of malpractice include a duty, a breach of duty as a nurse, reasonable foreseeability that the nurse's act has a connection with the patient injury that occurred, the patient was harmed, the link that act directly led to the harm and the patient has the right to financial compensation or damages. (Berman and Synder, 2012)

Assault: Assault, an intentional tort, is threatening to touch a person without their consent. (Berman and Synder, 2012)

Battery: Battery, another intentional tort, is touching a person without their consent. (Berman and Synder, 2012)

False Imprisonment: False imprisonment is restraining, detaining and/or restricting a person's freedom of movement. Using a restraint without an order is considered false imprisonment. (Berman and Synder, 2012)

Defamation: Defamation is making false statements about a person in writing or orally that leads to the destruction of a person's reputation. (Berman and Synder, 2012)

Slander: Slander is oral defamation of character using false statements.

Libel: Libel is written defamation of character using false statements.

Identifying Legal Issues Affecting Staff and Clients

Some of the most commonly occurring legal issues that impact on nursing and nursing practice are those relating to informed consent and refusing treatment as previously detailed, licensure, the safeguarding of clients' personal possessions and valuables, malpractice, negligence, mandatory reporting relating to gunshot wounds, dog bites, abuse and unsafe practices, for example, informed consent, documentation, accepting an assignment, staff and client education relating to legal issues, and strict compliance with and adherence to all national, state, and local laws and regulations.

Licensure

All registered and licensed practical, or vocational, nurses must be currently licensed to practice nursing in their state of practice. Licensure protects the consuming public and insures that the nurse has completed a state approved nursing school, has successfully passed their licensure examination and has also continuously met the requirement(s) for relicensure each biennium without any suspensions or revocations of their license.

Practicing without a current and valid license is illegal and it amounts to practicing without a license.

The Safeguarding of Clients' Personal Possessions and Valuables

Nurses are responsible for the safeguarding and respecting the clients' personal possessions and valuables; they must also NOT, under any circumstances, borrow or steal their personal possessions and valuables.

Although policies and procedures relating to the safeguarding of clients' personal possessions and valuables may vary a little from one healthcare facility to another, these policies and procedures typically include discouraging clients to retain personal possessions and valuables while hospitalized, and then securing maintained and retained personal possessions and valuables in a locked and secure safe using an envelope that fully documents the client's name, room number and the contents of the envelope, including things like jewelry, cash and credit cards, that were collected from the client with their permission.

Items that are placed in this envelope are itemized and listed using a description such as a "ring with a purple stone", a "yellow metal bracelet" or a "white metal necklace" rather than an amethyst ring, 14 carat gold bracelet or a sterling silver necklace because the nurse cannot determine and confirm that indeed these items are anything more than inexpensive costume jewelry.

Items are listed on the envelope. What appears to be gold, sterling silver or a ruby may indeed be only an inexpensive gold, silver or ruby look alike and the nurse may have no idea whether it is real gold, silver or a ruby or not. For this reason these items are listed as "yellow metal", "silver metal" and a "red stone", respectively. In addition to jewelry, other valuable items that must be secured include cash, credit cards and legal documents.

When the client is discharged from the facility or they choose to have their personal possessions and valuables returned to them, the nurse and the client check and confirm that all of the items listed on the envelope are indeed still in this envelope. The client also signs a statement that documents that they have been given back their personal possessions and valuables.

Malpractice

Malpractice is an act of omission or commission that does not meet established standards of care and causes some injury. Nurses, therefore, must provide all aspects of nursing care according to established standards of care, in a safe and competent manner, and also done in a complete, appropriate and timely manner.

The six essential components of malpractice include causation, foreseeability, damages to the patient, a duty that was owed to the client and this duty was breached, and, lastly, this breach of duty led to direct and/or indirect harm to the client.

Actions of omission and commission that lead to client injury place the nurse in jeopardy for malpractice.

Negligence

Negligence is also an act of omission or commission that does not meet established standards of care. It differs from malpractice because it lacks one or more of the six elements of malpractice that are essential to be considered malpractice.
Actions of omission and commission that lead to client injury place the nurse in jeopardy for negligence.

Mandatory Reporting

Nurses are legally mandated to report abuse, neglect, gunshot wounds, dog bites, some communicable diseases and any unsafe and/or illegal practices done by another health care provider.

Informed Consent and Refusals of Treatment which was fully detailed previously.

Documentation

All documentation and all forms of documentation are considered legal documents. Some of the legal aspects of documentation, in addition to the legal mandates associated with confidentiality, include the strict legal prohibitions against altering a record, obliterating entries in the medical record, and falsifying documentation.

Other guidelines for documentation include the use of permanent ink, the use of only accepted terms and abbreviations, legible writing, accurate spelling, proper grammar, accurate dating and time of the entry, the signature and title of the person who documented the entry, and a professional tone. If an error in documentation occurs, a thin line that does NOT obliterate the entry is drawn through the erroneous entry, the notation "Error" is written above the entry and the nurse signs this notation with their name and title.

The Acceptance of an Assignment

Nurse are legally accountable to accept only those assignments that are appropriate in terms of their nurse practice act and their scope of practice, and only those that the nurse believes that they are competent to perform.
RELATED:
The Provision of Staff and Client Education Relating to Legal Issues

As with other educational needs, nurses assess client and staff member educational deficits and educational needs relating to the legal issues that impact on their care and the care that nurses provide, respectively. After this assessment, educational activities to meet identified educational needs are planned, implemented and evaluated in terms of their effectiveness in meeting the educational need that was identified.

Compliance With and Adherence to Other Laws

Nurses are also expected to comply and adhere to other national, state, and local laws and regulations. For example, the compliance with the Centers for Medicare and Medicaid Services must be adhered to, state laws relating to professional licensure and mandatory reporting must be complied with, and local laws relating to the disposal of biohazardous waste must also be followed without fail.

Recognizing the Limitations of Self/Others and Seeking Assistance When Needed

Nurse are legally accountable to accept only those assignments that are appropriate in terms of their nurse practice act and their scope of practice, and only those that the nurse believes that they are competent to perform.

Reviewing the Facility Policy, Federal Mandates and State Mandates Prior to Agreeing to Serve as an Interpreter for Staff or Primary Health Care Providers

In addition to following the policies and procedures of the particular employing healthcare organization, nurses must also follow and comply with any federal and state laws relating to interpreters and serving as an interpreter.

Some of these laws include:

The Civil Rights Act of l964 and Title VI of this law states that "No person in the United States shall, on ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance."

Title VI Prohibition Against Discrimination on the Basis of National Origin- Persons with Limited English Proficiency states that, "Because of these language barriers, LEP (limited English proficiency) persons are often excluded from programs or experience delays or denials of services from recipients of Federal assistance. Such exclusions, delays or denials may constitute discrimination on the basis of national origin, and in violation of Title VI".

Since the year 1999, all healthcare organizations and agencies that get federal funding must provide interpreter services to those that need it.

Educating Clients and Staff on Legal Issues

As with other educational needs, nurses provide educational activities to clients, significant others, and other staff members about legal issues that can impact on the care that they provide.

Reporting Client Conditions as Required by Law

Some of the conditions that nurses are mandated by law to report some communicable diseases, gunshot wounds, and child and/or elder abuse or neglect.

Reporting Any Unsafe Practice by Health Care Personnel and Intervene as Appropriate

As previously mentioned, nurses are legally mandated to report any and all unsafe and inappropriate practices of healthcare staff and personnel. Once identified, the nurse must attempt to cease the unsafe and/or inappropriate practices and immediately report it.

Some examples of these practices and behaviors include improper client care, narcotic diversion, unsafe staffing practices and substance abuse by a member of the healthcare team.

Providing Care That is Within the Legal Scope of Practice

Legally, nurses can only accept assignments and provide patient care that is appropriate in terms of their nurse practice act and their scope of practice, and only those that the nurse believes that they are competent to perform. These legal issues were extensively described and detailed previously.
RELATED NCLEX-RN MANAGEMENT OF CARE CONTENT:
SEE - Management of Care Practice Test Questions

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Legal Rights and Responsibilities: NCLEX-RN || RegisteredNursing.org

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In this section of the NCLEX-RN examination, you will be expected to demonstrate your knowledge and skills of legal rights and responsibilities in order to: Identify legal issues affecting the client (e.g., refusing treatment) Identify and manage the client's valuables according to facility/agency policy Recognize limitations of self/others and seek

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Legal negligence in nursing - failure to assess and monitor the patient and a failure to be a patient advocate. Negligence is an unintentional tort. It occurs when a nurse fails to follow procedures and standards of care

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The Joint Commission defines negligence as "failure to use such care as a reasonably prudent and careful person would use under similar circumstances" and malpractice as "improper or unethical conduct or unreasonable lack of skill by a holder of a professional or official position; often applied to physicians, dentists, lawyers, and public officers to denote negligent or unskillful performance of duties when professional skills are obligatory." 1 The commission's definition further states: "Malpractice is a cause of action for which damages are allowed." 1

Most lawsuits against nurses are for alleged violations of tort law. In general terms, a tort is an action or omission that harms someone. According to Nursing Malpractice: Sidestepping Legal Minefields, a tort is

a civil wrong or injury resulting from a breach of legal duty that exists by virtue of society's expectations regarding interpersonal conduct or by the assumption of a duty inherent in a professional relationship (as opposed to a legal duty that exists by virtue of a contractual relationship)[horizontal ellipsis]. Malpractice refers to a tort committed by a professional acting in his professional capacity. 2

The law distinguishes between unintentional and intentional torts. An unintentional tort results from negligence. In order to prove negligence, a plaintiff must show each of the following 2:

* The defendant owed the plaintiff a specific duty (in nursing malpractice cases, the standard of care).

* The defendant breached this duty.

* The plaintiff was harmed.

* The breach of duty caused the harm.

In contrast, " an intentional tort is a deliberate invasion of someone's legal right. In a malpractice case involving an intentional tort, the plaintiff doesn't need to prove that you owed him a duty. The duty [horizontal ellipsis] is defined by law, and you're presumed to owe him this duty." 2 In such a case, the plaintiff has to show only that the defendant breached her or his duty and that the breach caused the plaintiff harm. Examples of intentional torts include assault, battery, false imprisonment, invasion of privacy, and slander. (For more, see "Nurses, Negligence, and Malpractice," September 2003.)

James M. Stubenrauch

senior editor

REFERENCES

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The Joint Commission defines negligence as "failure to use such care as a reasonably prudent and careful person would use under similar circumstances" and malpractice as "improper or unethical conduct or unreasonable lack of skill by a holder of a professional or official position; often applied to physicians, dentists, lawyers, and public officers to denote negligent or unskillful performance of duties when professional skills are obligatory."

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Nurses are held accountable for the care they provide or should have provided.
In the event of a legal issue, a point should be remembered that legal responsibilities will not only affect the individual nurse, but will also affect the workplace and organisation under vicarious liability (Terry et al, 2017).

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Louise Terry Reader in law and ethics, School of Health and Social Care, London South Bank University, London, England

Graham Carr Senior lecturer, School of Health and Social Care, London South Bank University, London, England

Yvonne Halpin Associate professor in practice learning, School of Health and Social Care, London South Bank University, London, England

Nurses, midwives and nursing students are legally responsible for their actions. This article discusses the legal standard of care required in relation to nursing and midwifery practice and nurses' professional standards and code of conduct. It examines how courts in the UK determine if nurses have met their duty of care and how nurses must ensure they maintain competence to provide safe care. It examines why organisational knowing - understanding the organisation in which one is employed; its people, values and how it works - is important for all nurses, regardless of their level in the organisation. It also discusses workplace incivility and its adverse effects on nurses, patient care and healthcare organisations. The article explains that if nurses are uncertain why they are doing something, they should investigate this further, because the law expects nurses to be able to justify their actions, or failure to act.

Nursing Standard. 32, 12, 52-63. doi: 10.7748/ns.2017.e11015

Correspondence

terrylm@lsbu.ac.uk

Peer review

This article has been subject to external double-blind peer review and checked for plagiarism using automated software

Conflict of interest

None declared

Revalidation

Prepare for revalidation: read this CPD article, answer the questionnaire and write a reflective account: rcni.com/reflective-account
To write a CPD article
Please email tanya.fernandes@rcni.com. Guidelines on writing for publication are available at: rcni.com/writeforus

Received: 15 September 2017

Accepted: 24 October 2017

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Institutional access

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Understanding and meeting your legal responsibilities as a nurse

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Louise Terry Reader in law and ethics, School of Health and Social Care, London South Bank University, London, England Graham Carr Senior lecturer, School of Health and Social Care, London South Bank University, London, England Yvonne Halpin Associate professor in practice learning, School of Health and Social Care, London South Bank University, London, England Nurses, midwives and nursing students are legally responsible for their actions.

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In the Human Rights Act 1998, Article 3 Denotes that every one should be free from being tortured or degraded at any time. In the case of the patient, he has been left unattended with his colostomy bag filling to the point where it has exploded. This breaches Article 3's freedom from degradation. He has diarrhoea all over him which should of never happened in the first place if the nurses took proper care of him and changed the Colostomy bag when needed.
Also it should never be the patient who should clean himself up like the nurse tells the daughter. The nurse should do the cleaning as its the nurses fault that this happened in the first place. The nurse has in a way tortured the patient by letting the bag explode and let him lay in his faecal matter. The nurse has a duty of care and grossly failing (Equality and Human Rights Commission 2018).

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Article 3: Freedom from torture and inhuman or degrading treatment

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This basic human right that no one should be subject to torture or inhuman or degrading treatment. Public authorities should also protect people from this treatment.

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One of the legal requirements of nurses that is featured within the NMC is that in act 14.1 it states that nurses should act immediately to resolve a situation in which  a patient has suffered actual harm (NMC 2018), as seen within scenario 3.
Therefore failure to do so  may have legal consequences towards the  present nurse, regardless of being off duty as they were still present and failed to uphold professional standards  and a patient was put at risk, for factors such as infection and  degrading treatment.

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The Code: Professional standards of practice and behaviour for nurses, midwives and nursing associates - The Nursing and Midwifery Council

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Read and download the Code for nurses, midwives and nursing associates, and see supporting resources.

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In the fourth section of the NMC Code ‘Promoting Professionalism and Trust’ you can find point 20.3 which states,’ be aware at all times of how your behaviour can affect and influence the behaviour of other people’. In the scenario, the nurse does not communicate with the patient. Therefore, she does not know how they are or how they are feeling. Instead, she assumes the patient can deal with their query by themselves and says, 'he needs to be more independent’. By walking off and leaving Carl in bed covered in diarrhoea, she does not know how her behaviour affected him and whether he did manage to independently clean himself up.

Moreover, it was his daughter who was asking for help on behalf of Carl. At that point in time Carl was unable to approach the nurse for himself which could suggest the vulnerable situation he was in. Point 20.5 in the fourth section of the NMC Code states, ‘treat people in a way that does not take advantage of their vulnerability or cause them upset or distress’. As Carl is not able to object her decision by relaying a reply the nurse is essentially taking advantage of this.

Due to Carls situation of having a Colostomy, just coming out of intensive care and now on a surgical ward, I have explored reasons why the Nurses behaviour could have negatively affected Carl and also why he could have been vulnerable because of his medical needs.

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All nurses owe a legal duty of care to their patients. If a nurse fails in their duties and harm befalls the patient, then they  will be held accountable for that harm.
If the patient accuses a breach in the duty of care , experiencing harm, the law will examine the standard of care given, in order to attribute responsibility/laibility for that harm (Dowie, 2017) (RCN,2019).
Nurses generally have no legal duty to provide aid when they are off duty. However, in this instance, there are ethical and professional duties which can be found in the NMC to act without delay is they believed there is a risk to the patient (NMC, 2018).

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Senior lecturer, Healthcare law, University of South Wales, Pontypridd, Wales

Duty of care is a fundamental aspect of nursing, and many nurses consider this to be an important part of their professional duties as a nurse. However, the legal underpinnings of duty of care are often overlooked, and, as such, nurses may be unsure about when to act if they encounter emergency situations or serious incidents, especially when they are off duty. This article examines the legal, ethical and professional aspects of duty of care, what these mean for nurses in practice, and how duty of care is intrinsically linked with standards of care and negligence.

Nursing Standard. 32, 16-19, 47-52. doi: 10.7748/ns.2017.e10959

Correspondence

iwan.dowie@southwales.ac.uk

Peer review

This article has been subject to external double-blind peer review and checked for plagiarism using automated software

Conflict of interest

None declared

Received: 15 July 2017

Accepted: 21 September 2017

You need a subscription to read the full article

Institutional access

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Legal, ethical and professional aspects of duty of care for nurses

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Senior lecturer, Healthcare law, University of South Wales, Pontypridd, Wales Duty of care is a fundamental aspect of nursing, and many nurses consider this to be an important part of their professional duties as a nurse.