Ethico-Legal and Moral Considerations in Nursing Leadership and Management ETHICO-MORAL ASPECTS OF NURSING Flashcards
are systematic guides for developing ethical behavior. They answer normative questions of what beliefs and values should be normally accepted.
Code of Ethics
A highlight on the creation of Nurses Code of Ethics was composed by a nursing instructor:
Lystra Gretter in 1893
Pursuant to Sec. 3 of RA No. 877, known as the
Philippine Nursing Law
Section 6 of P.D No. 223, the Amended
Code of Ethics for Nurses
Article I Code of ethics
Preamble
Article II code of ethics
Registered nurses and people
Article III code of ethics
Registered nurses and practice
Article IV code of ethics
Registered nurses and Co-workers
Article V Code of ethics
Registered Nurses, Society, and Environment
Article VI code of ethics
Registered Nurses and the Profession
Article VII code of ethics
Administrative, Penalties, Repealing, Clause and Effectivity
implies a commitment to a life of sacrifice and genuine selflessness.
Service to others
perform the responsibilities with the highest sense of integrity and imbued with nationalism and spiritual values.
Integrity and objectivity
certain level of competence is necessary, i.e., knowledge, technical skills, attitudes and experience.
Professional competence
maintain and support professional organization.
Solidarity and Teamwork
consistent with their responsibilities to society and as Filipinos, contribute to the attainment of the country’s national objectives.
Social and civic responsibility
professionals shall remain open to the challenges of a more dynamic and interconnected world.
Global competitiveness
all professionals shall treat their colleagues with respect and strive to be fair in their dealings with one another.
Equality of all professions
AN ACT PROVIDING FOR A MORE RESPONSIVE NURSING PROFESSION, REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 7164, OTHERWISE KNOWN AS “THE PHILIPPINE NURSING ACT OF 1991” AND FOR OTHER PURPOSES.
The nursing act 2002 RA 9173
Article I The nursing act
Title
Article II The nursing act
Declaration of policy
Article III the nursing act
Organization of the Board of Nursing
Article IV the nursing act
Examination and registration
Article V nursing act
Nursing education
Article VI the nursing act
Nursing practice
Article VII the nursing act
Health Human Resource Production, Utilization and Development
Article VIII the nursing act
Penal and Miscellaneous Provisions
Article IX The nursing act
Final provisions
refers to the commission or omission of an act, pursuant to a duty, that a reasonably prudent person in the same or similar circumstance would or would not do, and acting or the non-acting of which is the proximate cause of injury to another person or his property.
Ex. Burns, objects left inside the patients body, falls
Professional Negligence
Res ipsa loquitor means
“the thing speaks for itself”.
Res Ipsa Loquitor means “the thing speaks for itself”. This means that the injury could not have happened if someone was not negligent that no further proof is required.
Example: fracture on a newly-delivered baby born by breech presentation
Doctrine of Rep ipsa loquitor
implies the idea of improper or unskillful care of a patient by a nurse. _______ also denotes stepping beyond one’s authority with serious consequences.
Example: Giving of anesthesia by a nurse or prescribing medicines
Malpractice
lack of ability, or legal qualifications and being unfit to discharge the required duty.
Incompetence
means an irresistible force, one that is unforeseen or inevitable.
Example: Circumstances such as flood, fire, earthquakes, nurses who fail to render service during these circumstances are not held negligent.
Doctrine of force majeure
The term means “let the master answer for the acts of the subordinate”. Under this doctrine, the liability is expanded to include the master as well as the employee.
Example: The surgeon will be held responsible in case a laparotomy pack is left in a patient’s abdomen.
Doctrine of respondeat superior
Illegal wrong, committed against a person or property independent of a contract which renders the person who commits it liable for damages in a civil action.
Intentional wrong torts
is the imminent threat of harmful or offensive bodily contact.
Assault
is an intentional, unconsented touching of another person.
Battery
means the unjustifiable detention of a person without a legal warrant within boundaries fixed by the defendant by an act or violation of duty intended to result in such confinement.
False imprisonment or illegal detention
The right of privacy is the right to be left alone, the right to be free from unwarranted publicity and exposure to public view.
The invasion of rights to privacy and breach of confidentiality
Character assassination, be it written or spoken, constitute _______
Defamation
is oral defamation of a person by speaking unprivileged or false words by which his reputation is damaged.
Slander
is defamation by written words, or such representations that caused a person to be avoided or tend to injure him in his work.
Libel
an act committed or omitted in violation of the law. Criminal offenses are composed of two elements:
Criminal act
Evil/criminal intent
Crimes
CRIMES – an act committed or omitted in violation of the law. Criminal offenses are composed of two elements:
Criminal act
Evil/criminal intent
those who take a direct part in the execution of the act.
Principals
those persons who, not being principals, cooperate in the execution of the offense by previous or simultaneous act.
Accomplices
those who, having knowledge of the commission of the crime, either as principals or accomplices
Accessories
deal with the acts or offenses against public welfare.
Criminal actions
general name for a criminal offense which does not in law amount to felony.
Misdemeanor
is a public offense for which a convicted person is liable to be sentenced to death or to be imprisoned.
Ex: Assault, theft, drug diversion
Felony
crime committed by means of fault or culpa. It disregards the life and safety of others.
Crime Negligence
when a person does an act or fails to do it voluntarily but without malice, from which material damage results immediately.
Reckless imprudence
when a person or nurse did not use precaution and the damage was not immediate or the impending danger was not evident or manifest.
Simple imprudence
when all the elements necessary for its execution and accomplishment are present.
Consummated
when the offender performs all the acts or execution which will produce the felony as a consequence but which nevertheless, do not produce it by reason of causes independent of the will of the perpetrator.
Frustrated
to commit a felony when the offender commences the commission of the same directly by overt acts, and does not perform all the acts.
Attempted
an act of baseness, vileness or depravity in social or private duties which a man owes to his fellow man or to society in general.
Moral turpitude
unlawful killing of a human being with intent to kill. It is a very serious crime.
Murder
killing of a human being by another.
Homicide
any person who, with the intention of prematurely ending a pregnancy, willfully and unlawfully does any act to cause the same is guilty of procuring ______
Abortion
is the killing of a child less than three (3) days of age.
Infanticide
a crime committed by one who kills his/her father, mother or child whether legitimate or illegitimate, or any of his/her ascendants or descendants or his/her spouse.
Parricide
crime against a person or property.
Robbery
covers the administration and regulation of the manufacture, distribution, and dispensing of controlled drugs.
Controlled substances
Republic Act 6425 know as the
Dangerous Drug Act of 1972
is a legal declaration of a person’s intentions upon death. It is called a testamentary document because it takes effect after the death of its maker.
Wills
is a person whose property is transmitted through succession whether or not he left a will. If he left a will, he is also called a testator.
Decedent
is a person called to succession either by the provision of a will or by operation of law.
Heir
is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or render some service.
Contract
refers to an agreement among parties involved and is required to be in writing by some special laws.
Formal
is one which is concluded as the result of a written document or correspondence where the law does not require the same to be in writing, or as the result of oral and open discussion between the parties.
Informal contract
is one in which the conditions and terms of the contract are given orally or in writing by the parties concerned. facio ut des – “I do that you may give”
Express contract
is one that is concluded as a result of acts of conduct of the parties to which the law ascribes an objective intention to enter into a contract.
Implied contract
is one that is inexistent from the very beginning and therefore may not be enforced.
Void contract
is one that is expressly prohibited by law.
Illegal contract
obtained through use of fraud (deception and trickery), undue (unlawful) influence or duress (coercion) in securing such, and those that are expressly prohibited by law are illegal.
Illegal contracts
is failure to perform an agreement, whether expressed or implied, without cause.
Breach of contract
R.A 7305.
“Magna Carta for Public Health Workers”
Who authored “Magna Carta for Public Health Workers”
Sen. Edgardo Angara
“Magna Carta for Public Health Workers” is a law approved by:
former Pres. Corazon C. Aquino on March 26, 1992