Nursing Law Flashcards
A nurses begin their professional obligations, their legal responsibilities begin as well.
LYDIA M. VENZON
Philippine Nursing Law of 2002
R.A. 7391
A set of rules establised by a governing power to guide action, regulate conduct of the people and impose sanctions for violation or no compliance.
LAW
It commands the people to do right and prohibits them to do wrong
LAW
Denotes or pertains to the judicial percede t or the course or established decision of the Supreme court.
JURISPRUDENCE
Oral legal tradition and to function applications of law, to and in particular sets of facts and cirmunstances
JURIS
One behaves prudently or wisely because he has knowledge of the possible consequences of a particular action.
PRUDENTIA
A commission or omission of an act, pursuant to a duty, that a reasonably prudent person innthe same or similar circumstances would or would not do.
Professional Negligence
Acting or non acting of which is the proximate cause of injury to another person or his property
PROFESSIONAL NEGLIGENCE
Failure to forsee harm to the person injured, following form ignorance of the admonition born of the provisions.
PROFESSIONAL NEGLIGENCE
Common act of Negligence
BURN
OBJECT LEFT INSIDE THE BODY
FALLS OF PT
FAILURE TO OBSERVE OR TAKE ACTION AS NEED
Applied to claims which, as matter of law, do not have to be explained beyond the obvious facts,
DOCTRINE OF RES IPSA LOQUITUR
English oh “DOCTRINE OF RES IPSA LOQUITUR”
The thing speaks for itself
Idea of improper or unskillful care of a patient by a nurse.
MALPRACTICE
The term of negligence or care
Essness of professional personnel
MALPRACTICE
No person shall be responsible for those events which cannot be foreseen, or which, though foreseen, are inevitable, except in cases expressly specified by law
DOCTRINE OF FORSE MAJEURE
An irresistible force
One that unforeseen or inevitable
DOCTRINE OF FORSE MAJEURE
Circumstances of DOCTRINE OF FORSE MAJEURE
Floods
Fire
Earthquakes
Accident falls
[TRUE or FALSE] habitual tardiness due to heavy traffic is not considered an excuse for force majeure
TRUE
Liablity is expanded to include the master as well as the employee and not a shift of liability from the subordinate of the master
DOCTRINE OF RESPONDEANT SUPERIOR
“Let the master answer for the acts of the subordinates”
DOCTRINE OF RESPONDEANT SUPERIOR
This doctrine applies only to those employees performed within the scope of his employment
DOCTRINE OF RESPONDEANT SUPERIOR
Lack of ability, legal qualification or fitness to discharge the required duty
INCOMPETENCE
Medical orders, drugs, and Medication
R.A. 6675
Validity registered medical, dental and veterinary practitioners . In the government, are authorized to prescribed drugs.
R.A. 6675
Pharmacy Act
R.A. 5921
All prescription must contain informations such as name of prescriber, office add, prof registration number, proff tax receipts, name of pt, age, sex and date of prescription
R.A. 5921
The general rule requiring a nurse to execute all lawful orders of a physician is tempered by _____
COMMON SENSE
Intravenous Therapy and Legal Implications
Philippine act of 1991
Authorize specific treatment/care and it authorizes the person administering it.
CONSENT
Free and rational act that presupposes knowledge of the thing to which is being guven by a person who is legally capable.
CONSENT
An authorization, by a patient or a person authorized by law to give the consent on the patient’s behalf, that changes touching.
NATURE OF CONSENT
It is esablished principle of law that every human being of adult years and siund mind has the right to determine what shall be done with his own body.
INFORMED CONSENT
Parents, or someone standing in their behalf gives the consent to medical or surgical treatment of a minor.
CONSENT OF MINOR
A mentally incompetent person cannot legally consent to medical or surgical treatment.
CONSENT OF MENTALLY ILL
A person who is mentally and legally competent has the right to refuse the touching of his body or to submit to a medical or surgical procedure
REFUSAL TO CONSENT
The termination of the ability to produce offspring
CONSENT FOR STERILIZATION
It is value as both scientific and legal. A record supplies rich material for medical and nursing research.
MEDICAL RECORDS
One important duty of the nurse is to make sure that the equipment used in procedures and treatments is not defective.
LEGAL RISKS FOR DEFECTIVE EQUIPMENT
Acts mag arise in the performance of her duties
INTENTIONAL WRONGS
A legal wrong, committed against a person or properly independent of a contract which renders the person who commits it liable for damages in a civil action
TORTS
Imminent threat of harmful or offensive bodily contact
ASSULT
An intentional, unconsented touching of another person
BATTERY
The unjustifiable detention of a person without a legal warrant withing boundaries fixed by a defendant by an acr or violation of duty intended to result is such confinement.
FALSE IMPRISONMENT
The right privacy is the right to be left alone, free from unwarranted publicity and exposure to public view.
INVASION OF RIGHT TO PRIVACY and BREACH OF CONFIDENTIALITY
Character assassination, be it written or spoken
DEFAMATION
An oral defamation of a person by speaking unprivileged or false words by which his reputation is damaged.
SLANDER
Defamation by written words, cartoons, or such representation that cause a person to be avoided.
LIBEL
An act committed or omitted in violation of the law
CRIME
TWO ELEMENTS OF CRIMINAL OFFENSES
CRIMINAL ACR
EVIL/CRIMINAL INTENT
Those who take a direct part in the execution of the act. Whi directly force or induce other to commit it.
PRINCIPALS
Those persons who, not being principals, cooperate in the execution of the offense by previous or simultaneous act.
ACCOMPLIANCE
Those who, having knowledge if the commission of the crime, either as principals or accompliances…
ACCESSORIES
Deals with the act or offencpses against public welfare.
CRIMINAL ACTIONS
A general name for a criminal offense which does not in law amount to felony
MISDEMEANOR
A public offense for which a convicted person is liabke to be sentenced to death or to be imprisoned in a penitentiary or prison
FELONY
Committed with deceit amd fault
FELONY
Exists when the act is performed with deliberate intent
DECEIT
When the wrongful acts results from imprudence, negligence, or lack of skill or foresight
FAULT
Criminal Negligence classified info:
RECKLESS IMPRUDENCE
SIMPLE IMPRUDENCE
When a person does an act or fails to do it voluntarily but without makicd, from whicb material damage results immediately
RECKLESS IMPRUDENCE
The person or nurse did not use precaution and the damage was not immediate or the impending danger was not evident or manifest.
SIMPLE IMPRUDENCE
Decree of the act of execution
CLASSES OF FELONIES
When all elements necessary for its execution and accomplishment are present ( Art 6, Revised Penal Code)
CONSUMMATED
When the offender performs all the acts or execution which will produce the felony ss s consequence,
FRUSTRATED
When the offender commences the commission of a felony diretly by overt acts, and does not perform all the acts of execution
ATTEMPT
Whose to which the law attaches the capital punishment (death) or penalties which in any their periods are afflicted (6 years and 1 day life)
GRAVE FELONIES
Those law punishes with penalthies which in their maximum period are correctional ( 1 month and 1 day to six years)
LESS GRAVE
An imprisonment from 1 month and 1 day to six years and fine 6thou not less than 200
LESS GRAVE
An imprisonment from 6 years and 1 day life fine not exceeding 6thou
GRAVE FELONIES
Those infractions of law for the commission of which the penalty of arresto menor
LIGH FELONIES
Imprisonment from 1 day to 30 days fine not exceeding 200
LIGH FELONIES
