Nursing Law and Ethics

Nursing Law and Ethics explores a variety of key legal and ethical issues in nursing practice using a thought-provoking and holistic approach.  It addresses both what the law requires and what is right, and explores whether these two are always the same.

The book provides an overview of the legal, ethical and professional dimensions of nursing, followed by exploration of key issues in greater depth.  This edition features updated legislation and new material on patient safety.

• Key topics are accompanied by both a legal and an ethical perspective, covering both law and ethics
• Case examples throughout place concepts in a real-life context
• Written by experts in the field and includes contributions from leading nurses, lawyers and ethicists

Accessible, relevant, and comprehensive, this title is ideal for pre- and post-registration nurses.

John Tingle is Head of International Development and Reader in Health Law at Nottingham Law School, Nottingham Trent University.

Alan Cribb is Professor of Bioethics and Education at King’s College London and Director of the Centre for Public Policy Research.

Notes on Contributors vii

Preface to the Fourth Edition ix

Preface to the Third Edition xi

Preface to the Second Edition xiii

Preface to the First Edition xiv

Part One: The Dimensions 1

1 The Legal Dimension: Legal System and Method 3
John Hodgson

2 The Ethical Dimension: Nursing Practice, Nursing Philosophy and Nursing Ethics 22
Alan Cribb

3 The Regulatory Perspective: Professional Regulation of Nurses and Midwives 34
Fiona Culley and Anupama Thompson

4 The Complaints Dimension: Patient and Family Complaints in Health Care 51
Peter Walsh

5 The Policy Dimension: Moving Beyond the Rhetoric Towards a Safer NHS 68
John Tingle

Part Two: The Perspectives 99

6 Negligence

A The Legal Perspective 101
Charles Foster

B An Ethical Perspective – Negligence and Moral Obligations 118
Harry Lesser

7 Consent and the Capable Adult Patient

A The Legal Perspective 128
Jean McHale

B An Ethical Perspective – Consent and Patient Autonomy 151
Bobbie Farsides

8 Responsibility, Liability and Scarce Resources

A The Legal Perspective 166
Tracey Elliott

B An Ethical Perspective – How to Do the Right Thing 192
David Seedhouse

9 Mental Health Nursing

A The Legal Perspective 201
Leon McRae

B An Ethical Perspective – Compulsion and Autonomy 235
Harry Lesser

10 The Critically Ill Patient

A The Legal Perspective 249
Jo Samanta

B An Ethical Perspective 271
Robert Campbell

11 Clinical Governance

A The Legal Perspective 286
Vanessa L. Mayatt

B An Ethical Perspective 304
Lucy Frith

12 Clinical Research and Patients

A The Legal Perspective 320
Natasha Hammond-Browning

B An Ethical Perspective – Nursing Research 358
Richard Ashcroft

13 The Elderly

A Older People and Nursing Care 368
Jonathan Herring

B Person-Centred Care, Personal Identity and the Interests of People with Dementia 394
Michael Dunn

Table of Cases 401

Table of Statutes 410

Index 413

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