ABSTRACT
This chapter introduces the basic legal concepts related to the clinical environment and explores how this may affect not only the employer-employee relationship but also the quality of care. This may, in turn, affect patients’ rights. Factors that are likely to affect the patient’s ‘best interests’ will be considered within the contexts of professional conduct and employment law. The ethical basis of the duty of care owed to the patient will also be considered in light of professional regulations. On the premise that as an employee, a nurse freely undertakes to work for whomsoever they wish, it stands to reason that they have agreed terms and conditions of service on taking up that employment. The professional role of the nurse may be defined as follows:
Nursing encompasses autonomous and collaborative care of individuals of all ages, families, groups and communities, sick or well and in all settings. Nursing includes the promotion of health, prevention of illness, and the care of ill, disabled and dying people. Advocacy, promotion of a safe environment, research, participation in shaping health policy and in patient and health systems management, and education are also key nursing roles.
