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In-House Review > PALMERJ > Flashcards

PALMERJ Flashcards

1
Q

Legal Responsibilities of Nursing Practice

A

Jurisprudence

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2
Q

Evidentiary Rule

A

Doctrine: Res Ipsa Loquitur

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3
Q

Translation of Res Ipsa Loquitur

A

“Let the thing speak for itself”

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4
Q

Employer is held liable for the negligent act of his employee

A

Doctrine: Respondeat Superior

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5
Q

How to Prove Employee/Empolyer Relationship

A
  1. Selection Process
  2. Payment of wages
  3. Power to dismiss
  4. Power to control
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6
Q

Patient Accidentally administered 40 mg of Propanolol. What is the Doctrine?

A

“Doctrine of Negligent Conduct”

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7
Q

Parties of Respondeat Superior

A

Patient Plaintiff vs. Complainant

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8
Q

RN intentionally administered high dose of morphine. What
is the Liability?

A

Personal Liability

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9
Q

Reason for Respondeat Superior

A
  1. Employer/Employee relationship
  2. Expansion/Extension of liability
  3. Hospital subsidiarily liable
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10
Q

2 types of class of Vis Major

A
  1. Unforeseen events
  2. Foreseen events
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11
Q

Other name of Vis Major

A

Doctrine: Force Majeure

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12
Q

Who is the ultimate liable in the OR setting

A

Surgeon (Doctrine: Captain of Ship Doctrine)

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13
Q

“The law may be harsed but still the law”

A

Doctrine: Dura lex sed lex

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14
Q

“There is no crime if no crime punishing the act”

A

Doctrine: Nullum crimen nulla poena sine lege

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15
Q

“Ignorance of the Law excuses no one”

A

Doctrine: Ignorantia juris non excusat

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16
Q

Enacted by the senate & congress & to be approved by the President

A

“Statutory law”

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17
Q

RA 9173

A

Present Law that affects the nursing practice in the PH

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18
Q

RA 7164

A

Old PH nursing law

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19
Q

RA 11223

A

Universal Health Care Act

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20
Q

RA 11332

A

Communicable Disease of public health concern

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21
Q

RA 7160

A

Local Govt Code

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22
Q

RA 7610

A

Anti-child abuse against discrimination, exploitation

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23
Q

RA 7600

A

Breastfeeding & Rooming In Act

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24
Q

RA 9262

A

Anti-violence against women & its children

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25
Q

2 Powers of Administrative Law

A
  1. Quasi-legislative power
  2. Quasi-judicial power
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26
Q

Quasi-legislative power

A

law making power

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27
Q

Quasi-judicial power

A

conducts hearings & investigations

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28
Q

Punishment of Administrative Law

A
  1. Disciplinary Action
  2. Demotion
  3. Revocation of License
  4. Suspension
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29
Q

Parties of Administrative Law

A

Complainant vs. Respondent

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30
Q

Crimes committed against the public

A

Criminal Law/Public Law

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31
Q

Governs the relationship between an individual & the state/government

A

Criminal law/Public law

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32
Q

Parties of Criminal law

A

People of the Ph vs. the accused

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33
Q

Quantum of proof of criminal law

A

proof beyond reasonable doubt

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34
Q

5 terms of criminal law

A
  1. Felonies
  2. Offense
  3. Infraction
  4. Damage
  5. Damages
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35
Q

Felonies?

A

crimes punishable under Revised Penal Code

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36
Q

Offense?

A

crimes punishable by a Special Law

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37
Q

Infarction?

A

violation of City Ordinance

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38
Q

Damage?

A

Harm/Injury inflicted

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39
Q

Damages?

A

compensation of damage done

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40
Q

Punishment of Criminal Law

A

Imprisonment + Fines

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41
Q

Are fines fixed in Criminal Law

A

Yes, they are fixed

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42
Q

Are fines fixed in Civil Law

A

No, they are not fixed by the law

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43
Q

Governs the relationship between 2 or more indivs

A

Civil Law/Private Law

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44
Q

Parties of Civil Law

A

Plaintiff vs. Defendant

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45
Q

Punishment of Civil Law

A

No imprisonment and fines are not fixed by the law

46
Q

Involves a contract

A

Civil Law

47
Q

Violation of terms & conditions of a contract

A

Breach of contract

48
Q

Meeting of 2 or more people where 1 binds himself to render a service

A

Contract

49
Q

Civil wrong committed against a person

A

Tort Law

50
Q

Other Name for Tort Law

A

Quasi-Delict/Culpa Aquiliana

51
Q

2 types of tort

A

a. Intentional Tort
b. Unintentional tort

52
Q

Threat to inflict harm

A

Assault

53
Q

Unconsented touching resulting in bodily harm

A

Battery

54
Q

Freedom from unwaranted publicity

A

Invasion of Privacy

55
Q

RN must keep info in a confidential manner

A

Breach of Confidentialy

56
Q

When to divulge info of patient

A
  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
Q

Duty to warn People

A

Tarasoff Law

58
Q

Character Assasination

A

Defamation

59
Q

Committed by speakking defamatory words

A

Slander

60
Q

Committed by writing, painting, etc.

A

Libel

61
Q

Unlawful detention of patients

A

False imprisonment/Illegal Detention

62
Q

Failure to perform the necessary care that a person is expected to perform

A

Negligence

63
Q

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?

A

Tort: Negligence
Crime: Homicide

64
Q

RN accidentally administered 10 cc of insulin instead of 10 units leading to death What type of Tort & Crime did the RN do?

A

Tort: Malpractice
Crime: Homicide

65
Q

The RN did nothing that she was supposed to do. What type of Negligent Tort?

A

Omission

66
Q

The RN did something that she was not supposed to do. What type of Negligent Tort?

A

Comission

67
Q

4 Elements to claim damages for negligence

A
  1. Duty/Obligation
  2. Breach of Duty
  3. Injury/Harm/Damage
  4. Direct cause
68
Q

Going beyond the scope of nursing practice

A

Malpractice

69
Q

Can any person commit Malpractice?

A

No, only professionals can

70
Q

Unlawful killing of a person without qualifying circumstances

A

Homicide

71
Q

Unlawful killing of a person with qualifying circumstances

A

Murder

72
Q

5 Circumstances of Murder

A
  1. Evident premeditation
  2. Treachery
  3. Bribery
  4. Abuse of Superior Strength
  5. by means of exposive devices
73
Q

Unlawful killing of a child less than 3 years old

A

Not Infanticide, it should be less than 3 days

74
Q

Unlawful killing of a ascendant/descendant

A

Parricide, as the relationship of a ascendant/descendant is a direct relationship

75
Q

Unlawful killing of a brother/sister

A

Not Parricide, but It is Homicide, as the relationship of a brother & sister is a collateral relationship

76
Q

Unlawful taking with no force upon a person

A

Theft

77
Q

Unlawful taking that belongs to another person

A

Theft, Qualified Theft, Robbery

78
Q

Unlawful taking due to their position/job

A

Qualified Theft

79
Q

Intent to gain

A

Theft, Qualified Theft, Robbery

80
Q

Intent to gain that belongs to another person

A

Theft, Qualified Theft, Robbery

81
Q

Intent to gain with force upon a person

A

Robbery

82
Q

It has a higher penalty

A

Qualified Theft

83
Q

Intent to gain, Abuse of Trust and confidence due to their position/job

A

Qualified Theft

84
Q

Medical Record/Hospital Record

A

Patient’s Chart

85
Q

Owner of Patient’s Chart in a Private Clinic

A

Doctor

86
Q

Owner of the Patient’s Information

A

Patient

87
Q

Rights of the Patient

A
  1. Read the Chart
  2. Access to Medical Record
  3. Right to have a copy
88
Q

Storage of Patient Chart during admission

A

Nurse’s Station

89
Q

Storage of Patient Chart after discharge

A

Medical Record Station

90
Q

Who has permission to Patient Chart during admission

A

Patient

91
Q

Who has permission to Patient Chart after discharge

A

Medical/Hospital Director

92
Q

Purpose of Patient Chart

A
  1. Vehicle of communication
  2. Education
  3. Evidence in Court
93
Q

How many years is the disposal of all medical records?

A

Beyond 15 years

94
Q

How many years is the disporal of X-ray films, research

A

10 years

95
Q

Hallmark of Nursing Responsibility

A

Accurate Documentaiton of acts and outcomes

96
Q

Worst enemy of RN & MD

A

Innacurate documentation of actions & documentations

97
Q

A order from the court that commands the RN to Testify in Court/Depone

A

Subpoena Ad Testificandum

98
Q

A order from the court that commands the RN to bring physical documents

A

Subpoena duces tecum

99
Q

A order from the court that commands the RN to file an answer to the complaint made against you

A

Summon

100
Q

Patient’s Chart is used as evidence in court

A

Exhibit

101
Q

Enlightened Consent

A

Informed Consent

102
Q

Legal capacity to enter into a contract

A

Capacity

103
Q

Ability to understand the info after explanation

A

Competency

104
Q

4 Components of Informed Consent

A
  1. Capacity
  2. Competency
  3. Voluntary
  4. Documentation of the consent
105
Q

2 types of informed consent

A
  1. Implied Consent
  2. Expressed Consent
106
Q

Patient agrees to the treatment without interposing any objections

A

Implied Consent

107
Q

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

A

Doctrine: Doctrine of Emergency
MD will document nature of incident

108
Q

Written and signed consent

A

Expressed consent

109
Q

Role of RN for informed consent

A

Secure -> before
Witness -> during

110
Q

Who can give informed consent?

A
  1. Patient above 18 y/o
  2. Parents of the Patient
  3. Parental Release (Emancipated Minors)
111
Q

Who cannot give informed consent?

A
  1. Minors
  2. Medicated with sedatives
  3. Mentally Ill
  4. Malay ay wala (unconscious)
112
Q

Can a pregnant minor give informed consent

A

Yes, a pregnant minor can give informed consent as they are considered a Emancipated minor

In-House Review (3 decks)

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