Nurses are required to maintain patient confidentially due to their legal, moral, ethical, employment and professional duties as they are trusted with a patient’s most intimate and personal information. This trust is often a challenge to maintain when working in ...
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COVID-19: Can a nurse legally refuse to work?
Nurses are presently working amid the COVID-19 pandemic. But can a nurse legally refuse to work? Most nurses are employed pursuant to a contract of employment. This is a legally binding arrangement between the employer and nurse. It sets out ...
More »Unfairly fingered: Is your employer allowed to collect your biometric data?
Increasingly, healthcare employers are using biometric and electronic databases and surveillance cameras to monitor their employees, who need to be vigilant about protecting their rights and personal information. This case dealt with an unfair dismissal claim in a non-healthcare workplace, ...
More »Face value: cosmetics court case a warning to nurses
Many nurses are engaging in cosmetic and beauty practices for commercial benefit, either as an employee or sole practitioner. While a recent case involved the negligent actions of a person without nursing registration and training, it contains many salient legal ...
More »Needle and the damage done: moment of carelessness lands nurse in court
In any action alleging negligence by a nurse, it is for the plaintiff to prove a number of ‘ingredients’. One ingredient is whether the actions of the nurse fell below the reasonable standard expected of the skill and knowledge of ...
More »What one doctor’s ‘vulgar’ online posts mean for all health professionals
When nurses use social media, whether at home or at work, they need to be aware of their professional obligations. Their online behaviour is governed by the Nursing and Midwifery Board of Australia’s codes of conduct and ethics, as well ...
More »Court imposes restricted social media usage for disabled consumer
This unique case from the UK brings to light the fine balance courts have to maintain between a disabled consumer’s rights and his or her need for ‘protection’ from engaging in risky behaviour. This is never more so than when ...
More »Unauthorised access to medical records: just don’t do it
An increasing number of hospital and health services are collating, storing and utilising medical and nursing records in electronic databases. These databases are usually protected with individualised passwords which can be monitored and checked to preserve patients’ privacy and ensure ...
More »Human rights and their impact on one aspect of mental health legislation
Australia is a signatory to a number of international agreements on human rights. The most important in relation to mental health patients is the International Covenant on Civil and Political Rights. Article 14.1 says: State parties (including Australia) shall ensure ...
More »Nurse naps: what are the consequences of sleeping on the job?
There is an obvious employer expectation and condition of employment that when nurses are at work they are awake and not sleeping. After all, the employer is paying for the time that the nurse is at work. This rule does ...
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