FUNDA - LEGAL ASPECTS Flashcards
the sum total of rules and regulation by which a society is govern as such a law is created by people and exist to regulate all persons.
LAW
4 FUNCTIONS OF THE LAW IN NURSING (PDHM)
- It provides a framework for establishing which nursing actions in the care of clients are legal.
- It differentiate the nurse responsibilities from those other health professional
- Helps establish the boundaries of independent nursing action
- It assists in maintaining a standard in nursing practice by making nurses accountable under the law.
- refers to a body of law that deals with relationship between individual & the government and government agencies.
PUBLIC LAW
4 SOURCES OF LAW (CLAC)
Constitution
●Legislation (statutes)»_space; nurse practice act
●Administrative Law
●Common Law
deals with relationship among private individual
PRIVATE LAW
— it deals with the actions against the safety and welfare of the public; examples are homicide, manslaughter, and theft.
— crimes can be classified as either felonies or misdemeanors.
CRIMINAL LAW
defines & enforces duty and rights among private individuals that are not based on contractual agreements. (professional negligence,invasion of privacy, and assault and battery.)
TORT LAW
involves the reinforcements of agreement among private individual or the payment of compensation for failure to fulfill the agreements
CONTRACT LAW
2 KINDS OF LEGAL ACTION (CC)
CIVIL A
CRIMINAL A
(the major difference between CIVIL ACTION AND CRIMINAL ACTION IS __________)
the outcome of the defendants
deals with relationships among individuals in society.
CIVIL ACTION
deals with disputes between an individual and society as whole.
CRIMINAL ACTIONS
who claims that his or her legal rights have been infringed on by one or more other individuals or entities are Defendants.
PLAINTIFF
all relevance facts are presented to judge or to jury.
TRIAL
is primarily functions to settle disputes peacefully and in accordance with the law a lawsuit has a strict procedural rules.
THE CIVIL JUDICIAL PROCESS
pretrial activities to obtain all facts of the situation.
DISCOVERY
document filed by individual.
COMPLAINT
is the job of the judge or jury and verdict was the decision.
DECISION
a written response is made by the dependent.
ANSWER
an expert witness has special training. Experience, or skills in a relevant area and is allowed by the court to offer an opinion on some issue within his or her area of expertise.
NURSE AS A WITNESS
— protection of the public is the legal purpose of defining the the scope of nursing practice.
REGULATIONS OF NURSING PRACTICE
— is a process of determining and maintaining competence in nursing practice it includes licensure, certification, and accreditation.
CREDENTIALING
— is a legal permit that the agency grants to individuals to engage in the practice of a profession and to use a particular title.
LICENSURE
“Philippine Nursing act of 1991” aims to achieve relevant nursing education, humane working conditions, better career prospects, and a dignified existence for the Filipino nurses.
RA 7164
Philippine Nursing act of 2002.” _______________ was enacted in 2002 to provide a comprehensive definition and understanding of the nursing profession.
RA 9173
- Section 2 of ___________ declares the policy that the state shall institutionalize integrated system of early childhood care and development that will serve all children 0-5 years old including children with special needs and respect for cultural diversity with end in view of improving/ the quality of life for …
RA 8980
otherwise known as the “special protection of children against child abuse, exploitation and discrimination act, “ and/or crimes against children, including the conceived but unborn child as provided for by the revised penal code and other pertinent laws.
RA 7610
acknowledges that women who have retaliated against their partner or who commit violence as a form of self-defense may have suffered from battered woman syndrome (bws). bws refers to a pattern of psychological and behavioral symptoms found in battered women as a result of a long history of abuse.
RA 9262
— it safeguard a patient’s right to accurate and complete information, fair treatment and self-determination when making health care decisions.
PATIENTS BILL OF RIGHT