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22 unit 1 | Professional Considerations CikguOnline
The courtroom seemed cold and sterile. Scanning her 2. Common law develops within the court system
surroundings with nervous eyes, Germaine decided as judicial decisions are made in various cases
she knew how Alice must have felt when the Queen and precedents for future cases are set. In this
of Hearts screamed for her head. The image of the way, a decision made in one case can affect
White Rabbit running through the woods, looking decisions made in later cases of a similar nature.
at his watch, yelling, “I’m late! I’m late!” flashed This feature of American law is based on the
before her eyes. For a few moments, she indulged English tradition of case law: “judge-made law”
herself in thoughts of being able to turn back the (Black, 2004). Many times a judge in a subse-
clock and rewrite the past. The future certainly quent case will follow the reasoning of a judge
looked grim at that moment. The calling of her in a previous case. Therefore, one case sets a
name broke her reverie. Mr. Ellison, the attorney precedent for another.
for the plaintiff, wanted her undivided attention 3. Administrative law is established through the
regarding the fateful day when she committed a authority given to government agencies, such
fatal medication error. That day, the client died as state boards of nursing, by a legislative body.
following a cardiac arrest because Germaine failed These governing boards have the duty to meet
to check the appropriate dosage and route for the the intent of laws or statutes.
medication. She had administered 40 mEq of potas-
sium chloride by intravenous push. Her 15 years of Sources of Law
nursing experience meant little to the court. Because The Constitution
she had not followed hospital protocol and had vio- The U.S. Constitution is the foundation of
lated an important standard of practice, Germaine American law. The Bill of Rights, comprising the
stood alone. She was being sued for malpractice. first 10 amendments to the Constitution, is the

As client advocates, nurses have a responsibility to basis for protection of individual rights.These laws
deliver safe care to their clients. This expectation define and limit the power of the government and
requires that nurses have professional knowledge at protect citizens’ freedom of speech, assembly, reli-
their expected level of practice and be proficient in gion, and the press and freedom from unwarranted
technological skills. A working knowledge of the intrusion by government into personal choices.
legal system, client rights, and behaviors that may State constitutions can expand individual rights but
result in lawsuits helps nurses to act as client advo- cannot deprive people of rights guaranteed by the
cates. As long as nurses practice according to estab- U.S. Constitution.
lished standards of care, they will be able to avoid Constitutional law evolves. As individuals or
the kind of day in court that Germaine experienced. groups bring suit to challenge interpretations of the
Constitution, decisions are made concerning appli-
General Principles cation of the law to that particular event. An exam-
ple is the protection of freedom of speech. Are
Meaning of Law obscenities protected? Can one person threaten or
criticize another person? The freedom to criticize is
The word law has several meanings. For the pur-
protected; threats are not protected. The definition
poses of this chapter, law means those rules that
of what constitutes obscenity is often debated and
prescribe and control social conduct in a formal and
has not been fully clarified by the courts.
legally binding manner (Bernzweig, 1996). Laws
are created in one of three ways: Statutes
1. Statutory laws are created by various legislative Localities, state legislatures, and the U.S. Congress
bodies, such as state legislatures or Congress. create statutes. These can be found in multivolume
Some examples of federal statutes include the sets of books and databases.
Patient Self-Determination Act of 1990 and At the federal level, conference committees
the Americans With Disabilities Act. State comprising representatives of both houses of
statutes include the state nurse practice acts, Congress negotiate the resolution of any differ-
the state boards of nursing, and the Good ences on wording of a bill before it becomes law. If
Samaritan Act. Laws that govern nursing the bill does not meet with the approval of the
practice are statutory laws. executive branch of government, the president can