NURSING JURISPRUDENCE NCM 107 Lec. 2016 Flashcards
department of law which comprises all legal rules and principles affecting the practice of nursing.
NURSING JURISPRUDENCE
a rule of civil conduct prescribed by the supreme power in a state commanding what is right and prohibiting what is wrong.
LAW
proceeding in court for a purpose.
LAWSUIT
Purpose of Lawsuit
- to enforce a right
2. to redress a wrong
Complainant/ defendant
Civil case
Plaintiff/ accused
Criminal case
is a fair and orderly process which aims to protect and enforce a person’s right.
DUE PROCESS
FUNDAMENTAL REQUIREMENTS OF DUE PROCESS
- Right to be informed
- Right to remain silent
- Right to a competent counsel
- No use of violence, threat, torture/ no unusual or cruel punishment
is an order that requires a person to attend at a specific time and place to testify as a witness.
SUBPOENA
is a subpoena that requires a witness to bring documents/ papers in his possession
SUBPOENA DUCES TECUM
person giving necessary details
WITNESS
Nurses as witness
Could not divulge PRIVILEGED COMMUNICATION in a civil case- means that the nurse is incompetent to testify on the communications made to him by the patients, all the device given and all the information gathered by observation during the seal of secrecy.
Nurses as witness Exceptions
PRIVILEGED COMMUNICATION
- criminal case
- with the patient’s consent
- patient sued doctor for damages
acts or omissions punishable by law
FELONIES
due to imprudence, negligence or lack of foresight/ skill
Fault-(culpa)
a. By direct participation- doer of the act
b. By inducement-directly force or induce others
c. By cooperation- indispensable
PRINCIPAL
doer of the act
direct participation
directly force or induce others
inducement
indispensable
cooperation
a person who cooperates
ACCOMPLICE
absent at the time crime is committed
accessory before the fact
“ accessory after the fact”
a. Profits
b. Conceals/ destroys evidence
c. Assists in the escape of the principal
ACCESSORY
A nurse is liable as an accomplice in an abortion if she:
a. Assist in the escape of the offender
b. Refers the pregnant mother to the abortionist
c. Conceals the evidence of the crime
d. None of these
Circumstances affecting criminal liability
J-E-M-A-A Justifying Exempting Mitigating Aggravating Alternative
JUSTIFYING
- SELF-DEFENSE
- Unlawful aggression
- Reasonable necessity
- Lack of sufficient provocation
- Fulfillment of Duty
- Obedience to an order from superior
- Order must be lawful
- Superior acting within the scope of practice
EXEMPTING
- Insane/imbecile
- Performance of a lawful act
- Under 9 y/o
- Under force
- Under fear
- Failure to perform an act
MITIGATING
- Under 18y/o or over 70 y/o
- No intention
- Sufficient provocation/threat
- Immediate vindication
- Voluntary surrender
- Deaf & dumb/ with physical defect
- Neurologic disorder
AGGRAVATING
- Treachery/taking advantage of superior strength or position
- Price, reward, promise
- Use of fire, poison, explosion
- Calamities
- Craft, fraud or disguise
- Evident Premeditation
- Cruelty
ALTERNATIVE
- May increase/ decrease criminal liability depending on the nature and effects of the crime
- Relationship
- Intoxication
- Degree of instruction/ education
DRILLS
- Under compulsion of uncontrollable force
- There is sufficient provocation
- Act is committed with abuse of confidence
- Fulfillment of a duty
- Offender is over 70 years old
- Voluntary surrender
- Disguise be employed
- Defense of a stranger
- Acts under the impulse of an uncontrollable fear
- Offender is insane
CRIMES CONCERNING THE NURSE
the victim or offender is the
- father
- mother
- brothers/sisters
- ascendants
- descendants
- spouse
the killing of an infant less than three days or 72 hours.
Infanticide
The killing of another human being with any of the aggravating circumstances provided by law.
Treachery
- Anyone who inserts his penis into the oral orifice of another by force is liable under this law.
- Anyone who inserts anything into the anal orifice or genitalia of another is liable under this law.
STATUTORY RAPE
Anyone who gets the personal property of another with the use of force,violence or intimidation.
ROBBERY
Anyone who gets the personal property of another without the latter’s permission.
THEFT
imminent threat of harmful/ offensive body contact
ASSAULT
intentional, unconsented touching of another person.
BATTERY
Deprive another of his freedom of
movement or space.
ILLEGAL DETENTION/ FALSE IMPRISONMENT
- Pretend that a woman gave birth
- Substitution or exchanging of babies in the nursery
- intentionally putting wrong information in the birth registration form
SIMULATION OF BIRTH
DEFAMATION
- Slander- oral
2. Libel- written
Oral Defamation
Slander
Written Defamation
Libel
who is liable if they divulge any information from patient’s chart to improper or unauthorized persons.
Nurses
if they divulge any information from patient’s chart to improper or unauthorized persons.
Invasion of Privacy
An act less than a felony
Misdemeanor
DRILLS
MISDEMEANOR
- A student nurse is overheard talking in the cafeteria about a client and his suicidal tendencies.
- A nurse asks a client why he chose Dr. Smith for her physician when this doctor is always rude to the staff.
- A client is told he must pay the remainder of his medical bill before he can leave the facility.
- A nurse told the client that she will inject her with sedatives if he does not cooperate.
- A nurse forcibly opened the mouth of a pedia patient and gave his medication.
- A nurse takes the wallet of the patient while the latter is sleeping.
- A nurse takes the wallet of the patient with the use of violence and intimidation.
- A nurse gives a potent injection of morphine to a patient causing his death.
- A nurse poisons his client to end his life.
- A patient died because of wrong medication given.
GUIDELINES TO PREVENT CRIMINAL LIABILITY
- Be very familiar with the Philippine Nursing law
- Be familiar with the laws affecting nursing practice
- Know agency rules, regulations, policies
- Upgrade skills and competence
LEGAL CONSIDERATIONS IN CHARTING
- Don’t tamper with medical records- (ARD)adding, rewriting and destroying original record
- Observe agency’s standards on documentation
complete, concise, specific, use standard abbreviation
TIPS FOR AVOIDING LEGAL PITFALLS
1. Patient Falls
- do proper assessment
- appropriate assistance
- use protective measures
- document all nursing interventions
TIPS FOR AVOIDING Medication errors
- Observe 7 R’s of drug administration
- Check dr’s order
- Understand the medication you will administer
- Consult drug handbook/ pharmacy
- Not exempt from liability for following dr’s order
TIPS FOR AVOIDING Equipment injuries
- refuse to use a device not know how to operate
- report adverse events to superiors
- monitor patient regularly
- bring questionable orders to the attention of the doctor or superior
TIPS FOR AVOIDING Failure to communicate
- promptly report changes in the patient’s symptoms and signs of distress to the Dr
- proper documentation of all assessments and telephone conversations with the Dr
agreement between at least two parties which create an obligation recognized by law
CONTRACT
Elements of a valid contract
- given freely/ voluntarily- no coercion/ pressure
- competent parties- 18 yrs old, sound mind
- lawful object- within the bounds of law
- valid consideration- has monetary value
Essential requisites
- Consent
- Object certain
- Cause of the obligation
Type of Contract that - Terms are inferred from actions of contracting parties
Implied
Type of Contract that - Verbal/ written, terms are specified/ given at the time the contract is made
Expressed
Type of Contract that - Inexistent from the very beginning therefore may not be enforced. Ex: contrary to law.
Void or inexistent
Type of Contract that - Expressly prohibited by law like obtained through fraud, undue influence or duress
Illegal
Type of Contract that - One of the parties is incapable of giving consent
Voidable/annullable
Type of Contract that - Agreement among parties and is required to be in writing by special laws. Ex: marriage, Deed of sale
Forma
Type of Contract that - Concluded as a result of a written document where the law does not require the same to be in writing
Informal
Failure without legal excuse to perform any promise which forms the contract.
BREACH OF CONTRACT
An act whereby a person is permitted with formalities of law to control to certain degree the disposition of a state to take effect after his death.
Will
Person whose property is transmitted through succession.
DECEDENT
A decedent who left a will
TESTATOR
A person called to succession
HEIR
TYPES OF SUCCESSION
- Notarial will- acknowledged before a notary public, with attestation clause
- Holographic will- entirely written, dated and signed in the handwriting of the testator
TYPES OF SUCCESSION - acknowledged before a notary public, with attestation clause
Notarial will
TYPES OF SUCCESSION - entirely written, dated and signed in the handwriting of the testator
Holographic will
Who makes wills
- those not expressly prohibited by law
- 18 yrs old
- sound mind
Who could be witnesses
- sound mind
- 18 and above
- not blind, deaf or dumb
- able to read and write
NURSE’S OBLIGATION IN THE EXECUTION OF A WILL
- Note the soundness of client’s mind and to ensure that there is freedom from fraud/ undue influence.
- Note that the will is signed by the testator.
- Note that the witnesses shall be present at the time and sign in the presence of testator.
Disposing of gifts by a person in anticipation of death/ belief in approaching death.
GIFTS MORTIS CAUSA
GIFTS MORTIS CAUSA
Limitations:
- limited to personal properties
- acceptance by the recipient
- gifts are revocable and subject to the claims of creditors without proof of intent of defrauding them
