Contract Law Vs Substantive Law

The Australia legal system includes laws that are developed from two sources: common law and statutory law. Common law is created by judges in a court hierarchy, using an approach called the doctrine of precedent. Statutory law is law written in parliament by the leaders of the country or state, depending on where the power to legislate lies. Both common law and statutory law are components of substantive law, which concerns the actual content of law and procedural law, which concern the way in which law is constructed and applied. The division of law that most relevant and influence our practice as nurses is substantive law, which is the division of law that tells us how we should conduct our behaviour in various aspects of our practices. There are many
The charter recognises that patient and health professional have significant parts to play in achieving healthcare right. The Charter allows patients and health professional to share an understanding of the right of people receiving health care. This assists everyone to work together towards a safe and high-quality health system (Australian Charter of Health care right: 2008). According to the case scenario, it is about a 32-year-old woman called Mrs Sellings who was attended to Regional Health Hospital for a scheduled for elective caesarean section delivery of her baby, afterwards Mrs Sellings and baby was pronounced dead in that hospital. With many reasons of those health professionals who was presented to look after Mrs Selling have breached their duty and did not concerned of the right of patient, which after causing harm the patient. The legal issue that involve to this case are consent, medical negligence, ethical issue, privacy and confidentially, the Coroner and the Health Services Commissioner. Therefore, it is essential for a practising nurse to understand the importance of the laws and Acts. that involves to nursing in order to avoid criminal and civil