Guided tour Table of cases Table of statutes Abbreviations Foreword to first edition Foreword to seventh edition Preface to first edition Preface to seventh edition Acknowledgements Part I General principles affecting all nurses 1 Introduction: four arenas of accountability, the legal system and human rights Accountability Criminal liability Professional liability Civil liability Accountability to employer Relationship between the four arenas of accountability Sources of law Differences between civil and criminal law Civil actions Judicial Review Legal personnel and legal complaints Legal language Human Rights Act 1998 Freedom of Information Act 2000 Devolved law-making powers Conclusions Reflection questions Further exercises References 2 Actions in the criminal courts and defences to criminal charges Initial stages of arrest and prosecution Magistrates' courts Plea and Case Management Hearing Crown Court proceedings Elements of a crime Case of Dr Nigel Cox Case of Dr Adomako Case of Dr Shipman Case of Beverley Allitt Case of Kevin Cobb Administration of drug by epidural instead of intravenous injection Defences Criminal injuries compensation Conclusions Reflection questions Further exercises References 3 Liability in a civil court case for negligence Duty of care Standard of care Causation Liable for what? Harm Conclusions Reflection questions Further exercises References 4 Specific problem areas in civil liability: personal liability of the nurse, vicarious liability of the employer and managerial issues Negligence in communication Inexperience Team liability and apportionment of responsibility Taking instructions: refusal to obey Nurse as manager Vicarious liability of employer In the course of employment Liability for negligence of volunteers Duty of care liability for independent contractors Direct liability of employer Indemnity from the employee at fault Pressure from inadequate resources Public Interest Disclosure Act 1998 and whistleblowing Conclusions Reflection questions Further exercises References 5 Statutory functions and management of the NHS National Health Service White Paper Equity and Excellence: Liberating the NHS Enforcement of statutory duties The National Health Service Commissioning Board (NHS England) Clinical Commissioning Groups The Mandate NHS foundation trusts Monitor National Health Service Trust Development Authority Clinical governance Duty of quality Care Quality Commission (replacing the Commission for Health Audit and Inspection (CHAI) (Healthcare Commission)) National Institute for Health and Care Excellence (NICE) National Service Frameworks (NSFs) NHS 111 and walk-in clinics NHS inquiries

• Law as it applies to other professions

• Medical ethics & professional conduct

• Ethics and Law

• Professional & Vocational

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