LESSON 4: NURSING JURISPRUDENCE Flashcards
What are the sources of law?
Divine Law
Human Law
Principles that governs
a nation, society, or corporation
Constitutional Law
Established by
appointed agencies of executive
branch
Administrative Law
Passed by a legislative body and
approved by the President
Statutory Law
Study of nursing laws, lawsuits, liabilities, legal principles, rules and
regulations and doctrines affecting nursing practice
Nursing Jurisprudence
Known as the “Philippine Nursing Act of 2002’’ which was approved
on October 21,2002
RA 9173
The Philippine Nursing Act of 1991
RA 7164
What year was the first board exam in nursing was given?
1920
First True Nursing Law
Act 2808
Commission or omission of an act, pursuant to a duty, that a prudent
(Careful and sensitive marked by sound judgment) 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
Negligence
Implies the idea of improper or unskilful care by the nurse or any
professional
● Careless, wrong, or illegal actions by someone (such as a
doctor) who is performing a professional duty
● The term for negligence or carelessness of professional personnel
Malpractice
ETHICAL PRINCIPLE: human beings are free to decide how they live their lives as
long as their decisions do not negatively impact the lives of
others.
Respect for Autonomy
ETHICAL PRINCIPLE:
Do no harm
○ Should not engage in any activities that run the risk of harming others.
Nonmaleficence
ETHICAL PRINCIPLE: Benefiting others
○ Our actions should actively promote the health and well-being of others
Beneficence
DOCTRINE:
“The thing speaks for itself”
○ Injury could not have happened if someone was not negligent that no further proof is required
Res Ipsa Loquitur
DOCTRINE: “IRRESISTIBLE FORCE” one that is unforeseen or
inevitable
○ No person shall be responsible for those events w/c cannot
be foreseen, or are inevitable, except in cases expressly
specified by law
Force Majeure
DOCTRINE: “LET THE MASTER ANSWER FOR THE ACTS OF THE
SUBORDINATE”
○ Liability is expanded to include the master as well as the
employee & not a shift of liability from the subordinate to the
master
Response Superior
Is a legal wrong, committed against a person or property
independent of a contract which renders the person who commits it
liable for damages in civil action
Tort