Book Review
Nursing and the Law
Patricia J Staunton and Bob Whyburn
ISBN: 978-0-7295-3834-3; 1993; 438 pages; Churchill Livingstone Australia;
Debra Griffiths
The third edition of Staunton and Whyburn's well known book reaches the market at a timely period, as we observe the publication of other similar Australian texts. Such publications are encouraged as the nursing profession becomes more informed of its legal liabilities, and conscious of the medico-legal climate in this country.
The text is generally readable and comprehensive. It provides pertinent information regarding a wide range of legal issues which health professionals may regularly encounter. For example, the law of negligence, consent to treatment, report writing, industrial law, and the mental health legislation, to name but a few. It is designed to readily provide answers to practitioners and students on the various legal issues which may arise routinely.
The contents are clearly headed and the expansive use of subheadings provides a useful summary for practitioners. For example, the chapter on negligence sets out the essential requirements of a civil action for negligence together with the relevant cases, and the chapter on the law of contract indicates the elements necessary for the creation of a contract. A desirable feature of the book is the use of direct quotes from cases. This highlights the relevant authorities in a specific area and exposes the reader to the judges' actual statements of principle, rather than the author's interpretation or restatement of the case. New to this edition is an Appendix which sets out a series of questions and activities derived from the information provided in the individual chapters. This allows readers to test their understanding of the practical application of many of the legal issues raised in the text, as the answers are also included.
It should be noted that there is no table of cases or legislation listed, and indeed there are few cases referred to throughout the book. Tables of cases and legislation would provide the reader with references on any given topic or issue. A table of cases would enable the reader to seek out a specific case and consider in more detail the facts, issues raised, and the reasoning of the court. Thus case law provides valuable insight, at first hand, into the legal status of a particular issue. A lack of reference to cases may be suggestive of the work being too general.
It is an unenviable task, for any author, when writing an all embracing legal text to decide which topics will be included and in how much depth each will be discussed, however a balance should be struck. This has arguably been lost in the third edition. For example, the chapter on mental health very briefly introduces the trend and ambit of the mental health legislation, and then proceeds over the next 98 pages to list each individual state Act.
On the other hand, the criminal law chapter is extremely brief encompassing 11 pages, and omits such topics as abortion and euthanasia, which do not appear to be addressed elsewhere. Nevertheless, I believe that Nursing and the Law will be a useful reference book to practitioners and students who require a general overview of the subject.
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