PALMERJ Flashcards
1
Q
Legal Responsibilities of Nursing Practice
A
Jurisprudence
2
Q
Evidentiary Rule
A
Doctrine: Res Ipsa Loquitur
3
Q
Translation of Res Ipsa Loquitur
A
“Let the thing speak for itself”
4
Q
Employer is held liable for the negligent act of his employee
A
Doctrine: Respondeat Superior
5
Q
How to Prove Employee/Empolyer Relationship
A
- Selection Process
- Payment of wages
- Power to dismiss
- Power to control
6
Q
Patient Accidentally administered 40 mg of Propanolol. What is the Doctrine?
A
“Doctrine of Negligent Conduct”
7
Q
Parties of Respondeat Superior
A
Patient Plaintiff vs. Complainant
8
Q
RN intentionally administered high dose of morphine. What
is the Liability?
A
Personal Liability
9
Q
Reason for Respondeat Superior
A
- Employer/Employee relationship
- Expansion/Extension of liability
- Hospital subsidiarily liable
10
Q
2 types of class of Vis Major
A
- Unforeseen events
- Foreseen events
11
Q
Other name of Vis Major
A
Doctrine: Force Majeure
12
Q
Who is the ultimate liable in the OR setting
A
Surgeon (Doctrine: Captain of Ship Doctrine)
13
Q
“The law may be harsed but still the law”
A
Doctrine: Dura lex sed lex
14
Q
“There is no crime if no crime punishing the act”
A
Doctrine: Nullum crimen nulla poena sine lege
15
Q
“Ignorance of the Law excuses no one”
A
Doctrine: Ignorantia juris non excusat
16
Q
Enacted by the senate & congress & to be approved by the President
A
“Statutory law”
17
Q
RA 9173
A
Present Law that affects the nursing practice in the PH
18
Q
RA 7164
A
Old PH nursing law
19
Q
RA 11223
A
Universal Health Care Act
20
Q
RA 11332
A
Communicable Disease of public health concern
21
Q
RA 7160
A
Local Govt Code
22
Q
RA 7610
A
Anti-child abuse against discrimination, exploitation
23
Q
RA 7600
A
Breastfeeding & Rooming In Act
24
Q
RA 9262
A
Anti-violence against women & its children
25
2 Powers of Administrative Law
1. Quasi-legislative power
2. Quasi-judicial power
26
Quasi-legislative power
law making power
27
Quasi-judicial power
conducts hearings & investigations
28
Punishment of Administrative Law
1. Disciplinary Action
2. Demotion
3. Revocation of License
4. Suspension
29
Parties of Administrative Law
Complainant vs. Respondent
30
Crimes committed against the public
Criminal Law/Public Law
31
Governs the relationship between an individual & the state/government
Criminal law/Public law
32
Parties of Criminal law
People of the Ph vs. the accused
33
Quantum of proof of criminal law
proof beyond reasonable doubt
34
5 terms of criminal law
1. Felonies
2. Offense
3. Infraction
4. Damage
5. Damages
35
Felonies?
crimes punishable under Revised Penal Code
36
Offense?
crimes punishable by a Special Law
37
Infarction?
violation of City Ordinance
38
Damage?
Harm/Injury inflicted
39
Damages?
compensation of damage done
40
Punishment of Criminal Law
Imprisonment + Fines
41
Are fines fixed in Criminal Law
Yes, they are fixed
42
Are fines fixed in Civil Law
No, they are not fixed by the law
43
Governs the relationship between 2 or more indivs
Civil Law/Private Law
44
Parties of Civil Law
Plaintiff vs. Defendant
45
Punishment of Civil Law
No imprisonment and fines are not fixed by the law
46
Involves a contract
Civil Law
47
Violation of terms & conditions of a contract
Breach of contract
48
Meeting of 2 or more people where 1 binds himself to render a service
Contract
49
Civil wrong committed against a person
Tort Law
50
Other Name for Tort Law
Quasi-Delict/Culpa Aquiliana
51
2 types of tort
a. Intentional Tort
b. Unintentional tort
52
Threat to inflict harm
Assault
53
Unconsented touching resulting in bodily harm
Battery
54
Freedom from unwaranted publicity
Invasion of Privacy
55
RN must keep info in a confidential manner
Breach of Confidentialy
56
When to divulge info of patient
1. Consented by the patient
2. Case is medico-legal
3. Communicable Disease of public health concern
4. Conditions of other are at risk
5. Criminal but not civi law
57
Duty to warn People
Tarasoff Law
58
Character Assasination
Defamation
59
Committed by speakking defamatory words
Slander
60
Committed by writing, painting, etc.
Libel
61
Unlawful detention of patients
False imprisonment/Illegal Detention
62
Failure to perform the necessary care that a person is expected to perform
Negligence
63
RN accidentally administered 10 cc of insulin instead of 10 units. What type of Tort and if the Patient Died, what type of crime did the RN do?
Tort: Negligence
Crime: Homicide
64
RN accidentally administered 10 cc of insulin instead of 10 units leading to death What type of Tort & Crime did the RN do?
Tort: Malpractice
Crime: Homicide
65
The RN did nothing that she was supposed to do. What type of Negligent Tort?
Omission
66
The RN did something that she was not supposed to do. What type of Negligent Tort?
Comission
67
4 Elements to claim damages for negligence
1. Duty/Obligation
2. Breach of Duty
3. Injury/Harm/Damage
4. Direct cause
68
Going beyond the scope of nursing practice
Malpractice
69
Can any person commit Malpractice?
No, only professionals can
70
Unlawful killing of a person without qualifying circumstances
Homicide
71
Unlawful killing of a person with qualifying circumstances
Murder
72
5 Circumstances of Murder
1. Evident premeditation
2. Treachery
3. Bribery
4. Abuse of Superior Strength
5. by means of exposive devices
73
Unlawful killing of a child less than 3 years old
Not Infanticide, it should be less than 3 days
74
Unlawful killing of a ascendant/descendant
Parricide, as the relationship of a ascendant/descendant is a direct relationship
75
Unlawful killing of a brother/sister
Not Parricide, but It is Homicide, as the relationship of a brother & sister is a collateral relationship
76
Unlawful taking with no force upon a person
Theft
77
Unlawful taking that belongs to another person
Theft, Qualified Theft, Robbery
78
Unlawful taking due to their position/job
Qualified Theft
79
Intent to gain
Theft, Qualified Theft, Robbery
80
Intent to gain that belongs to another person
Theft, Qualified Theft, Robbery
81
Intent to gain with force upon a person
Robbery
82
It has a higher penalty
Qualified Theft
83
Intent to gain, Abuse of Trust and confidence due to their position/job
Qualified Theft
84
Medical Record/Hospital Record
Patient's Chart
85
Owner of Patient's Chart in a Private Clinic
Doctor
86
Owner of the Patient's Information
Patient
87
Rights of the Patient
1. Read the Chart
2. Access to Medical Record
3. Right to have a copy
88
Storage of Patient Chart during admission
Nurse's Station
89
Storage of Patient Chart after discharge
Medical Record Station
90
Who has permission to Patient Chart during admission
Patient
91
Who has permission to Patient Chart after discharge
Medical/Hospital Director
92
Purpose of Patient Chart
1. Vehicle of communication
2. Education
3. Evidence in Court
93
How many years is the disposal of all medical records?
Beyond 15 years
94
How many years is the disporal of X-ray films, research
10 years
95
Hallmark of Nursing Responsibility
Accurate Documentaiton of acts and outcomes
96
Worst enemy of RN & MD
Innacurate documentation of actions & documentations
97
A order from the court that commands the RN to Testify in Court/Depone
Subpoena Ad Testificandum
98
A order from the court that commands the RN to bring physical documents
Subpoena duces tecum
99
A order from the court that commands the RN to file an answer to the complaint made against you
Summon
100
Patient's Chart is used as evidence in court
Exhibit
101
Enlightened Consent
Informed Consent
102
Legal capacity to enter into a contract
Capacity
103
Ability to understand the info after explanation
Competency
104
4 Components of Informed Consent
1. Capacity
2. Competency
3. Voluntary
4. Documentation of the consent
105
2 types of informed consent
1. Implied Consent
2. Expressed Consent
106
Patient agrees to the treatment without interposing any objections
Implied Consent
107
On a emergency situtation and the patient needed to have a procedure done, the patient does not have anyone with him and he is also unconscious. What type of Doctrine is expressed and who will document the nature of the incident
Doctrine: Doctrine of Emergency
MD will document nature of incident
108
Written and signed consent
Expressed consent
109
Role of RN for informed consent
Secure -> before
Witness -> during
110
Who can give informed consent?
1. Patient above 18 y/o
2. Parents of the Patient
3. Parental Release (Emancipated Minors)
111
Who cannot give informed consent?
1. Minors
2. Medicated with sedatives
3. Mentally Ill
4. Malay ay wala (unconscious)
112
Can a pregnant minor give informed consent
Yes, a pregnant minor can give informed consent as they are considered a Emancipated minor
