Legal Aspect Flashcards
- An occupation or calling requiring advance training and experience in some specific or specialized body of knowledge which provides service to society in the special field.
Nursing as a Profession
What is RA 9173?
Philippine Nursing Act of 2002
This law regulates the practice of nursing in the Philippines, ensuring that nurses are properly trained, licensed, and competent to provide quality healthcare. It establishes the Professional Regulation Commission (PRC) – Board of Nursing (BON) to oversee licensure, education standards, and ethical practice.
A legal document given by the government that permits a person to offer to the public his or her skills and knowledge in a particular jurisdiction?
License
Mutuality in the grant and enjoyment of privileges between persons or nations?
Reciprocity
A procedure done required after passing the board exam, before the board or any government officials authorized?
Oath-taking
When the nurse is not allowed to practice temporarily until final judgment?
Suspension
License to practice is confiscated either temporarily or permanently?
Revocation
Commission or omission of an act, pursuant to a duty, that a reasonably prudent person in the same or similar circumstances would or would not do. Acting or not acting of which is the proximate cause of injury to another person or property?
Negligence
The idea of improper or unskillful care of a patient by a nurse?
Malpractice
(Pero Ang sinabi ni sir ay Incompetence huhu)
No further proof is required to conclude that the person was negligent?
Res ipsa loquitur (Latin for “the thing speaks for itself”)
An irresistible force, one that is unforeseen or inevitable?
Force majeure (also called an “Act of God”)
Let the master answer for the acts of the subordinate?
Respondeat superior (a legal doctrine holding employers responsible for the actions of their employees performed within the course of their duties)
Lack of ability, legal qualifications, or fitness to discharge the required duty?
Incompetence
(Pero sabi ni sir malpractice)
Intentional touching or unlawful beating of another person without authorization to do is a legal wrong known as?
Battery
What is the best proof of consent?
Written consent (Pen, paper, signature, witness)
Who must consent?
The patient (if competent and of legal age) / Legal guardian
Who must consent for minors?
Parent or legal guardian
Who must consent for the mentally ill?
Legal guardian or court-appointed representative
Who must consent in an emergency situation?
The attending physician (implied consent is assumed if the patient is unconscious and no legal guardian is available)
_________
In Abroad, 2 Doctors should sign.
In the Philippines, Wait for anyone to come HAHAHAHA
Is refusal of consent allowed?
Yes, a competent patient has the right to refuse treatment
Who should sign the consent for sterilization?
The patient (if competent) and their spouse (if required by law in certain jurisdictions)
Remember the rule in charting?
- Not written, not done
- If it’s not documented, it didn’t happen
Charting done by students?
Should be countersigned by a registered nurse or clinical instructor.
Medical records and legal proceedings?
Medical records are legal documents and can be used as evidence in court. Proper documentation is crucial for legal protection.
A legal 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?
Tort
Threat of offensive bodily contact?
Assault
Intentional, unconsented touching of another person?
Battery
Unjustifiable detention of another person without legal warrant?
Illegal detention
Unwarranted publicity and exposure to public view?
Invasion of privacy
Character assassination?
Defamation (can be libel if written or slander if spoken)
Oral form of character assassination of a person?
Slander
Written character assassination of a person?
Libel
An act committed or omitted in violation of the law?
Crime
Two or more persons agree to commit a felony and decided to do it?
Conspiracy
The mastermind?
Principal
The person who cooperates in the execution?
Accomplice
Have knowledge of the crime, assisted in concealing or assisting in the escape?
Accessory
Crime that is punishable by fines or imprisonment of less than one year?
Misdemeanor
Crime that is punishable by death or imprisonment for a longer period of time?
Felony
What are the 3 Classification of Felonies?
- Grave
- Less Grave
- Light Grave
Under Classification of Felonies:
- Serious crimes punishable by severe penalties, such as life imprisonment or death.
A. Grave
B. Less Grave
C. Light
A. Grave
Under Classification of Felonies:
- Moderately serious crimes with lesser penalties than grave felonies.
A. Grave
B. Less Grave
C. Light
B. Less Grave
Under Classification of Felonies:
- Minor offenses punishable by short-term imprisonment or fines.
A. Grave
B. Less Grave
C. Light
C. Light
What are the 3 Classes of Felonies?
- Consummated
- Frustrated
- Attempted
Under classes of Felonies:
- The crime has been fully executed and completed.
Consummated
Under classes of Felonies:
- The offender performed all acts to commit the crime, but it was not completed due to external circumstances.
Frustrated
Under classes of Felonies:
- The offender started committing the crime but failed to complete it due to reasons beyond their control.
Attempted
Unlawful killing of a human being with intent?
Murder
Killing of a human being without criminal intent?
Homicide (or Reckless Imprudence Resulting in Homicide if due to negligence)
Killing of a child less than 3 days of age?
Infanticide
Crime committed by one who enters a birth certificate to a birth that did not occur?
Simulation of birth
Killing of father, mother, or child whether legitimate or illegitimate?
Parricide
Taking a personal property of another person in his presence?
Theft / Robbery
Taking a personal property of another person without their presence?
Burglary [Additional info]
The _______________ are the foundation for nursing practice in the Philippines. These standards outline the essential competencies that that Filipino nurses must demonstrate to provide safe, quality, and ethical care across various healthcare settings.
Philippine Nursing Core Competency Standards (PNCCS)
What are the 3 Major Areas of PNCCS?
- Patient Care Competencies
- Empowering Competencies
- Enabling Competencies
The ff are under what areas of Competencies?
- Safe and quality nursing care
- Communication
- Collaboration and teamwork
- Health education
Patient Care Competencies
The ff are under what areas of Competencies?
- Legal, ethical, and moral principles
- Personal and professional development
Empowering Competencies
The ff are under what areas of Competencies?
- Management of resources and environment
- Records management
- Research
- Quality improvement
Enabling Competencies
The _________ for Nurses in the Philippines guides nurses to uphold professionalism, integrity, and high moral standards. It is established by the Philippine Nurses Association (PNA) and the Board of Nursing (BON) under the Professional Regulation Commission (PRC).
Code of Ethics
What are the 10 Key Principles in the Philippine Nursing Code of Ethics?
- Respect for Life and Human Dignity
- Commitment to Service
- Confidentiality and Privacy
- Ethical and legal Responsibilities
- Professional Growth and Development
- Collaboration with the Healthcare Team
- Advocacy for Patients’ Rights
- Accountability in Nursing Practice
- Fair and Equitable Care
- Upholding the Integrity of the Profession
What Key Principles is this?
- Nurses must respect every patient’s dignity, rights, and individuality.
Respect for Life and Human Dignity
What Key Principles is this?
- Provide safe, competent, and compassionate care to all patients.
Commitment to Service
What Key Principles is this?
- Maintain patient confidentiality unless required by law or for public safety.
Confidentiality and Privacy
What Key Principles is this?
- Comply with all the nursing laws, policies, and ethical standards.
Ethical and Legal Responsibilities
What Key Principles is this?
- Continuously improve knowledge, skills, and competence in nursing practice.
Professional Growth and Development
What Key Principles is this?
- Work harmoniously with other healthcare professionals for optimal patient care.
Collaboration with the Healthcare Team
What Key Principles is this?
- Promote and uphold patients’ rights, including informed consent and autonomy.
Advocacy for Patients’ Rights
What Key Principles is this?
- Take responsibility for actions, decisions, and patient outcomes.
Accountability in Nursing Practice
What Key Principles is this?
- Provide care without discrimination based on race, gender, religion, or socio-economic status.
Fair and Equitable Care
What Key Principles is this?
- Avoid conflicts of interest, unethical behavior, or misconduct.
Upholding the Integrity of the Profession
It is the primary law governing data protection and privacy in the Philippines. It ensures the secure and responsible handling of personal information by individuals, businesses, and organizations, including healthcare institutions.
Data Privacy Act of 2012 (RA 10173)
What are the 3 Key Principles of Data Privacy?
- Transparency
- Legitimate Purpose
- Proportionality
Which of the 3 principles corresponds to the given about Data Privacy?
- Individuals must be informed about how their personal data is collected, processed, and used.
Transparency
Which of the 3 principles corresponds to the given about Data Privacy?
- Data should be collected and processed only for lawful and specific purposes.
Legitimate Purpose
Which of the 3 principles corresponds to the given about Data Privacy?
- Only necessary data should be collected and retained for as long as required.
Proportionality
FAMILIARIZE ONLY!
“Rights of Data Subjects (Individuals)”
- Be informed - Know what data is being collected and why.
- Access their data - Request a copy of their personal information.
- Rectify errors - Request corrections to inaccurate or outdated information.
- Object to data processing - Refuse unauthorized data collection.
- Erase data (Right to be Forgotten) - Request deletion of personal data when no longer necessary.
- Data portability - Transfer their data to another service provider.
FAMILIARIZE ONLY!
“Obligations of Organizations (Data Controllers and Processors)”
Organizations that handle personal data (e.g., hospitals, businesses, government agencies) must:
- Secure personal information using appropriate technology and security measures.
- Obtain consent before collecting or processing personal data.
- Limit data collection to only what is necessary.
- Notify individuals in case of a data breach.
- Appoint a Data Protection Officer (DPO) to oversee compliance.
Depending on the offense, violating the Data Privacy Act can result in fines of up to ___________ and imprisonment of up to 6 years.
5 million pesos
FAMILIARIZE ONLY!
“Examples of Violations”
- Unauthorized processing of personal information
- Improper disposal of personal data
- Data breaches due to negligence
- Failure to notify authorities of a data breach
FAMILIARIZE ONLY!
“Impact on Healthcare and Nursing”
- Nurses and healthcare workers must protect patient records and confidential health information.
- Electronic health records (EHRs) must be secured against unauthorized access.
- Patients must give consent before their health information is shared.
