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
are punishable in criminal court, whereas TORTS
generally allow individuals to seek compensation for their
injuries in civil court
Crimes
Is the imminent threat of harmful or offensive bodily contact.
● Any reasonable threat to a person can cause fear of impending
violence in a person even though there is no actual violence inflicted
Assault
The actual physical impact on another person.
● The victim has been touched in a painful, harmful, violent, or
offensive way by the person committing the crime
Battery
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
Character assassination, be it written or spoken
Defamation
Is oral defamation of a person by speaking unprivileged or
false words by w/c a reputation s: damaged
Slander
Defamation by written words, cartoons or such
representations that cause a person to be avoided, ridiculed
or held in contempt or tend to injure him in his work
Libel
Examples of Crimes
○ Assault and Battery
○ False Imprisonment or Illegal Detention
○ Invasion of Rights to Privacy & Breach of Confidentiality
○ Defamation
Persons who commit felonies are either:
Principals
Accomplice
Accessories
● Those who take a direct part in the execution of the act;
● Those who directly force or induce others to commit it or
who cooperate in the commission of the offense by another
act w/o which it would not have been accomplished
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, taken part
subsequent to its commission by profiting themselves or
assisting the offender to profit from the effects of the crime
by concealing or destroying the body of the crime
Accessories
Killing of one person by another
Homicide
- Homicide that takes place in the reasonable belief that a serious crime is being committed and in an attempt to prevent the crime
- Homicide with a good excuse
- Self-defense, in defense of others, on the line of duty (police)
Justified Homicide
- Homicide committed accidentally or with sufficient
provocation while lawful activity - Self-defense but not killing in cruel or unusual way
Excusable Homicide
- Homicide unlawful killing of another
- Divided into categories based on the intent of the person
Criminal Homicide
● Homicide crime
● Intentional killing of one human being by another with malice
aforethought.
Murder
One person kills another after adequate provocation, that is, there
has been action that was sufficient to incite an ordinary person to
sudden and intense passion such that he loses self- control. the
perpetrator had no prior intent to kill the victim, and probably acted in
the heat of passion.
Voluntary Manslaughter
Unlawful killing of a human being without malice aforethought
perpetrator had no intent to kill at all, but acted in a reckless or
unreasonable manner.
Involuntary Manslaughter
An agreement which creates an obligation
Contract
Free & rational act that presupposes knowledge of the thing to which consent is being given by a person who is legally capable to give consent
Consent
● A legal declaration of a person’s intentions upon death.
● Also called TESTAMENTARY DOCUMENT
Will
A person whose property is transmitted thru succession
whether or not he left a will.
○ If will was left he is called a TESTATOR/TESTATRIX
Decedent
A person called to succession either by the provision of a will
or by operation law
Heir
A person who dies leaving a will
Testate
One who dies without a will
Intestate
○ Oral will
○ Done during person’s last illness
○ Done in the place which he died
○ With one or more witnesses
○ That it will be put into writing within a given number of days
Nuncupative Will
A will written, dated & signed by the testator
Holographic Will
