Sign In

10.9 : Sources of Law

Laws form the essential rules set by governing authorities to shape and control societal behavior. In nursing, laws guide actions, safeguard patient rights, define nurses' scope of practice, and maintain professional standards. Understanding the legal framework governing nursing involves recognizing four primary sources of law: constitutional, statutory, administrative (regulatory), and common law.

Constitutional law is foundational, deriving from federal and state constitutions, and establishes fundamental legal rights and principles. For example, it upholds individuals' rights, such as refusing medical treatment, which ensures that nurses respect patients' legal and ethical rights.

Statutory law, stemming from constitutional authority, is enacted by the legislative branch. It includes codified laws classified into civil laws, which protect individual rights, and criminal laws, aimed at safeguarding society. In nursing, statutory laws dictate legal obligations and standards concerning patient care and professional behavior, ensuring that nurses' actions align with legal requirements.

Administrative or Regulatory law consists of rules and regulations set by state or federal agencies tailored to specific areas of expertise. These laws operationalize statutory laws. For nursing, this is evident in the regulations established by the State Board of Nursing, which enforces the Nurse Practice Act. This Act delineates the scope of nursing practice, licensure, and disciplinary measures for violations of practice standards.

Common law, or case law, evolves from judicial decisions rather than legislative acts, forming an unwritten body of law based on legal precedents. This law significantly impacts nursing by setting care standards, such as patient privacy and confidentiality rights. Though not explicitly outlined in the Constitution, these rights are inferred from judicial rulings, influencing nursing practices concerning patient information.

For nurses, understanding these legal foundations is critical for compliance and ensuring patient safety and professional integrity. By adhering to these laws, nurses deliver clinically appropriate care and uphold legal and ethical standards, safeguarding both their patients and their professional standing.

Tags
Sources Of LawNursing LawsConstitutional LawStatutory LawAdministrative LawCommon LawNurse Practice ActLegal FrameworkPatient RightsScope Of PracticeRegulatory StandardsLegal CompliancePatient SafetyProfessional Integrity

From Chapter 10:

article

Now Playing

10.9 : Sources of Law

Ethical and Legal Aspects in Nursing

645 Views

article

10.1 : Ethics and Bioethics

Ethical and Legal Aspects in Nursing

829 Views

article

10.2 : Nursing Ethical Principles I

Ethical and Legal Aspects in Nursing

782 Views

article

10.3 : Nursing Ethical Principles II

Ethical and Legal Aspects in Nursing

671 Views

article

10.4 : Ethical Standards I

Ethical and Legal Aspects in Nursing

548 Views

article

10.5 : Ethical Standards II

Ethical and Legal Aspects in Nursing

442 Views

article

10.6 : Ethical Issues

Ethical and Legal Aspects in Nursing

531 Views

article

10.7 : Ethical Dilemmas I

Ethical and Legal Aspects in Nursing

536 Views

article

10.8 : Ethical Dilemmas II

Ethical and Legal Aspects in Nursing

497 Views

article

10.10 : Standards of Care I

Ethical and Legal Aspects in Nursing

482 Views

article

10.11 : Standards of Care II

Ethical and Legal Aspects in Nursing

464 Views

article

10.12 : Nurses' Legal Responsibilities I

Ethical and Legal Aspects in Nursing

476 Views

article

10.13 : Nurses' Legal Responsibilities II

Ethical and Legal Aspects in Nursing

513 Views

article

10.14 : Nurses' Legal Responsibilities III

Ethical and Legal Aspects in Nursing

494 Views

article

10.15 : Accountability and Responsibility of a Nurse I

Ethical and Legal Aspects in Nursing

976 Views

See More

JoVE Logo

Privacy

Terms of Use

Policies

Research

Education

ABOUT JoVE

Copyright © 2025 MyJoVE Corporation. All rights reserved