6541925 nursing jurisprudence

8/6/2019 6541925 Nursing Jurisprudence

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NURSINGJURISPRUDENCE

BY: ATTY DEIRDREE CODAMON- GALLMAN, RN



NURSING

JURISPRUDENCE- department of law which comprise

all legal rules and principlesaffecting the practice of nursing.



NURSING LEGISLATION the making of laws, or the body of

laws already affecting the practiceof nursing.



LAW a rule of civil

conduct

prescribed by thesupreme power ina statecommanding

what is right andprohibiting whatis wrong.



LEGAL RIGHT a claim which can

be enforced by

legal meansagainst a personwhose duty is torespect it.



COURT MECHANISM:

LAWSUIT-

proceeding incourt for apurpose.

Purpose:

1. to enforce a right2. to redress a

wrong



Q:If you think that a person hasdone something seriously wrong toyou, the correct action to do get

redress for the injury received is to:

A. systematically plan on how to

have a vindication for thedamage done

B. file a lawsuit against theperson for damage

C. hire someone to take revengefor you



Parties to cases: Civil case- Complainant/ defendant

Criminal case- Plaintiff/ accused



Q: The person who institutes

legal proceeding is called:

A. Plaintiff

B. respondent C. defendant

D. Accused



Q:A hospital filed a case of damagesagainst nurse for breach of contract.

Who is the nurse in the case?

A. complainant

B. accused C. defendant

D. plaintiff



STATUTE OF LIMITATIONS- the length of time following the

event during which the plaintiffmay file a suit.

Example: negligence- filed within2-3 years from occurrence.



DUE PROCESS is a fair and

orderly processwhich aims toprotect andenforce a

persons right.



FUNDAMENTAL REQUIREMENTS OF DUEPROCESS:

1. Right to

be informed



2. Right to remain silent



3. Right to a competent

counsel



4. No use of violence, threat,

torture



PRE-TRIAL- eliminate matters notin dispute, agree on issues or settleprocedural matters.

TRIAL- facts are presented and

determined; law applied at theend.



SUMMONS- is a writ commandingan authorized person to notify aparty to appear in court to answera complaint made against him.

WARRANT- presented by an

arresting officer



SUBPOENA- is an order thatrequires a person to attend at aspecific time and place to testify asa witness.

SUBPOENA DUCES TECUM- is a

subpoena that requires a witnessto bring documents/ papers in hispossession.



A process whereby the BON only compel thepersonal attendance of a witness to bring withhim to the court books, papers and the like to

elucidate the matters in issue:

a.

Warrantb. Subpoena

c. Subpoena duces tecum

d. Summons



WITNESS- person giving

necessary details



Nurses as witness:

Could not divulge PRIVILEGEDCOMMUNICATION in a civil case- meansthat the nurse is incompetent to testify on thecommunications made to him by the patients,all the device given and all the informationgathered by observation during the seal of secrecy.

Exceptions:1. criminal case2. with the patients consent3. patient sued doctor for damages



Q:For privileged communication in thedoctor, the nurse and the patient, the seal

of secrecy:

a. forever remains until removed bypatient

b. may be broken upon death of thepatient

c. may be disclosed when the patient is

insane

d. all of the above



Testimonies of Facts- factualinformation

no opinion unless an expert witness

PERJURY- is the willful telling of a lieunder oath.



HEARSAY EVIDENCE- rumors, not admissible in evidence

DYING DECLARATION or ANTEMORTEM STATEMENTS- consideredhearsay unless the dying person is a

victim of a crime.



APPEALS- review of the case byappellate court and when decided by it,

the final judgment results and matter isended.

EXECUTION OF JUDGMENT

Failure to comply means contempt ofcourt



FELONIES acts or omissions

punishable by law.

Elements:

1. Deceit-( dolo)

2. Fault-(culpa) -

due to imprudence,negligence or lack of foresight/ skill



Q: A crime can be committed

with the element of culpa if: A. the person committed the crime

because of ignorance of the law

B. the person knows the action is acrime and he chooses to do it

C. the person committed the crime

because he lacked the competency toact correctly



Stages of felonies1. Consummated all elements executed,

with successful result

2. Frustrated all elements executedbut no successful result

3. Attempted not all elementsexecuted, nosuccessful result



Degree of Felonies

degree penalty finegrave Capital

punishment or

>6yrs & 1 day

above P6k

Less grave 1 month and 1 day to 6 years

not > P 6 Kbut not<P200

Light felony 1 day to 30days

fine not >

P 200



Q: If the penalty is the deathpenalty, what is the degree of the

felony?

A. grave

B. less grave

C. light felony



Q: If the fine is exactly P200.,

what is the degree?

A. grave

B. less grave

C. light felony



CLASSIFICATION OF PERSONSCRIMINALLY LIABLE:

1. PRINCIPAL

a. By directparticipation-doer of the act



b. By inducement-directly force orinduce others

c. By cooperation- indispensable



2. ACCOMPLICE-a person who cooperates

accessory before the fact- absent at the time crime is committed.



3. ACCESSORY accessory after the fact

a. Profits

b. Conceals/ destroys evidence

c. Assists in the escape of the principal



Situation: Danaya is two-monthspregnant. Her parents do not know

this. Danaya informed her friend Alena about the problem. Alenareferred Danaya to Pirena , an

abortionist. Danaya had anabortion.



If those involved will be chargedlegally, who is considered as the

principal?

a. Danaya b.Alena

c. Pirena d. None of them



Who is considered as anaccomplice?

a. Danaya b.Alena

c. Pirena d. None of them



If during the investigation, thepieces of evidence were not found

because Gurna the maid of Pirenaburned it. Gurna is consider as:

a. accomplice b. accessory

c. principal d. co-principal



A nurse is liable as an accomplice inan abortion if she:

a. Assist in the escape of the offender

b. Refers the pregnant mother to theabortionist

c. Conceals the evidence of the crimed. None of these



Circumstances

affecting criminalliability

J-E-M-A-A



JUSTIFYINGJUSTIFYING SELFSELF--DEFENSEDEFENSE

Unlawful aggressionUnlawful aggression

Reasonable necessityReasonable necessity

Lack of sufficient provocationLack of sufficient provocation

Fulfillment of DutyFulfillment of Duty

Obedience to an order from superiorObedience to an order from superior Order must be lawfulOrder must be lawful

Superior acting within the scope ofSuperior acting within the scope ofpracticepractice



EXEMPTINGEXEMPTING Insane/imbecile

Performance of a lawful act causesinjury by mere accident

Under 9 y/o

Under compulsion of uncontrollableforce

Under impulse of uncontrollable fear

Failure to perform an act required bylaw when prevented by some lawful

cause



MITIGATINGMITIGATING UUnder 18y/o or over 70 y/onder 18y/o or over 70 y/o

NNo intention to commit so grave ao intention to commit so grave awrongwrong

SSufficient provocation/threat precedingufficient provocation/threat precedingthe actthe act

IImmediate vindication of a gravemmediate vindication of a graveoffenseoffense

V Voluntary surrenderoluntary surrender

DDeaf & dumb/ with physical defecteaf & dumb/ with physical defect

SSuffer from such illness that diminishesuffer from such illness that diminishes

willpowerwillpower



AGGRAVATING AGGRAVATING TTreachery/taking advantage ofreachery/taking advantage ofsuperior strength or positionsuperior strength or position

PPrice, reward, promiserice, reward, promise

UUse of fire, poison, explosionse of fire, poison, explosion

CCalamitiesalamities

CCraft, fraud or disguiseraft, fraud or disguiseemployedemployed

EEvident Premeditationvident Premeditation

CCrueltyruelty



ALTERNATIVE ALTERNATIVE May increase/ decrease criminalMay increase/ decrease criminal

liability depending on the natureliability depending on the nature

and effects of the crimeand effects of the crime

Relationship

Intoxication

Degree of instruction/ education



DRILLS1. Under compulsion of

uncontrollable force

2. There is sufficient provocation

3. Act is committed with abuse ofconfidence

4. Fulfillment of a duty

5. Offender is over 70 years old



6. Voluntary surrender

7. Disguise be employed

8. Defense of a stranger

9. Acts under the impulse of anuncontrollable fear

10. Offender is insane



Q: Premeditating to commit a

crime is considered as:

A. justifying

B. mitigating

C. aggravating

D. exempting



Q: When the defendant kills

someone accidentally:

A. justifying

B. exempting

C. aggravating

D. mitigating



CRIMES

CONCERNINGTHE NURSE



-the victim or

offender is the 1. father

2. mother

3. brothers/sisters

4. ascendants 5. descendants

6. spouse



The killing of another humanbeing



-The killing of another human being withany of the aggravating circumstances

provided by law.



treachery



- the killing of an

infant less than

three days

or 72 hours.



ACTS OF LASCIVIOUSNESS



MALICIOUS MISCHIEF



PHYSICAL INJURIES1. Serious Physical

Injuries

2. Less SeriousPhysical Injuries

3. Slight PhysicalInjuries



ANTI- RAPE LAW (R A 8353)



I.

A. MARITAL RAPE

B. STATUTORYRAPE



II. Anyone who inserts his penis intothe oral orifice of another by force

is liable under this law.



III. Anyone whoinserts anything

into the analorifice or genitaliaof another isliable under this

law.



ROBBERY- Anyone who gets

the personal

property ofanother with theuse offorce,violence or

intimidation.



THEFT-anyone who gets

the personal

property ofanother withoutthe latterspermission.



ASSAULT- imminent threat

of harmful/

offensive bodycontact



BATTERY- intentional,

unconsented

touching ofanother person.



ILLEGAL DETENTION/ FALSE

IMPRISONMENT- Deprive another

of his freedom of

movement or space.



Patient restraint



SIMULATION OF BIRTH 1. Pretend that

a woman gave

birth



2. Substitution orexchanging of

babies in thenursery



3. intentionallyputting wrong

information inthe birthregistration

form



DEFAMATION1. Slander- oral



2. Libel- written



Q: The nurse writes the following note inthe clients chart The physician isincompetent because he ordered thewrong drug dosage.This statementmay lead to a charge of:

a. Assault

b. slander

c. libel

d. Invasion of privacy



MISDEMEANOR An act less than a felony.

Q: A person uses the license of



Q: A person uses the license ofanother person to practice nursing.

Liable for What?

A. negligence

B. malpractice

C. misdemeanor

D. invasion of privacy



DRILLS1. A student nurse is overheard

talking in the cafeteria about a

client and his suicidal tendencies.2. A nurse asks a client why he chose

Dr. Smith for her physician when

this doctor is always rude to thestaff.



3. A client is told he must pay theremainder of his medical bill before he

can leave the facility.4. A nurse told the client that she will

inject her with sedatives if he does notcooperate.

5. A nurse forcibly opened the mouth of apedia patient and gave his medication.



8. A nurse gives a potent injectionof morphine to a patient causing

his death.9. A nurse poisons his client to endhis life.

10. A patient died because of wrongmedication given.



GUIDELINES TO PREVENT

CRIMINAL LIABILITY:1. Be very familiar with the

Philippine Nursing law

2. Be familiar with the laws affectingnursing practice

3. Know agency rules, regulations,

policies4. Upgrade skills and competence

Q T d kill



Q:To upgrade your skills, you

must: A. enrol in the graduate school

B. be a member of the PNA

C. attend seminars and trainings

D. renew license



5. Develop good IPR with co-workers6. Consult superior as needed7. Verify vague/ erroneous orders8. Always keep doctor updated regarding

patient9. Ensure accurate recording and

reporting

10. Get informed consent11. Do not delegate responsibilities to

others



LEGAL CONSIDERATIONS IN

CHARTING:1. Dont tamper with

medical records-(ARD)adding,rewriting anddestroying originalrecord

2. Observe agencysstandards ondocumentation

complete, concise,specific, usestandardabbreviation



TIPS FOR AVOIDING LEGAL

PITFALLS:1. Patient Falls

do proper assessment

appropriate assistance use protective measures

document all nursing

interventions



2. Medicationerrors

observe 7 Rs of drug

administration Check drs order Understand the

medication you willadminister

Consult drug

handbook/ pharmacy Not exempt from

liability for followingdrs order



A co-nurse confided that she has givena medication to the wrong patient.What will you do?

a. advise her to report the incident to the headnurse

b. advise her to keep quiet about what happened

c. accompany her to the head nurse to report the incident d. report her immediately to the head nurse



3. Equipmentinjuries

refuse to use a devicenot know how to operate

report adverse events

to superiors

monitor patient regularly

bring questionable

orders to the attention

of the doctor or superior



Failure to communicate promptly report

changes in the

patientssymptoms andsigns of distressto the Dr

properdocumentation

of allassessmentsand telephoneconversations

with the Dr



3. Void or inexistent- inexistent from thevery beginning therefore may not be

enforced. Ex: contrary to law.4. Illegal - expressly prohibited by law

like obtained through fraud, undueinfluence or duress.

5. Voidable/annullable- one of the partiesis incapable of giving consent



5. Formal- agreement among partiesand is required to be in writing by

special laws. Ex: marriage, Deed ofsale

6. Informal- concluded as a result of

a written document where the lawdoes not require the same to be inwriting.



Q: A nurse and a pregnant woman agreed



p g gthat the nurse will do home delivery for a

fee. What type of contract?

A. informal

B. implied

C. expressed

D. formal



The following constitute breach



The following constitute breach

of contract for nursing service:1. Prevention of performance

2. Failure of performance because of

inconvenience or difficulty

3. Abandonment of duty

4. Substitution of performance

Legal excuses in refusing or



Legal excuses in refusing or

failure to perform a contract:1. Discovery of material

misrepresentation

2. Where performance will be illegal3. Impossible by reason of illness

4. Impossible by death of patient or

nurse5. Made for other reasons

6. Contract is insufficient



Will an act whereby a

person ispermitted with

formalities of lawto control tocertain degree thedisposition of a

state to takeeffect after hisdeath.



DECEDENT- person whose property is

transmitted through succession.

TESTATOR- a decedent who left a will

HEIR- a person called to succession



TYPES OF SUCCESSION:

1. Testate- a person dies leaving a

will.

2. Intestate- a person dies withoutleaving a will.



TWO KINDS

1. Notarial will- acknowledged before a

notary public, with attestation clause

2. Holographic will- entirely written,dated and signed in the handwriting of

the testator

:



Bakekang, 59 years old, is sufferingfrom a debilitating disease but ofsound mind. She has asked you to help

her make a will. How should yourespond to the situation?a. let her dictate and write for herb. call her intended beneficiaries as witnesses

c. assist patient to consult a legal officerd. refuse request since it is not your duty



2. Note that the will is signed by the

testator.



3. Note that the witnesses shall bepresent at the time and sign in the

presence of testator.



GIFTS MORTIS CAUSA

disposing of giftsby a person in

anticipation ofdeath/ belief inapproachingdeath.



Limitations:

1. limited to personal properties

2. acceptance by the recipient

3. gifts are revocable and subject tothe claims of creditors without

proof of intent of defrauding them



BOARD QUESTIONS:

1. The nurse out of pity unhooked

the patient from a respirator. Thepatient died after 15 minutes. Thistype of felony is:

a. consummatedb. frustrated

c. attempted



4. When a politician takes advantageof his power in the performance

of unlawful actions, this isconsidered as:

a. justifying circumstance

b. exempting circumstancec. mitigating circumstance

d. aggravating circumstance



BOARD QUESTIONS:1. A client in a long term care facility refuses to

take his oral medications. The nurse threatensthe client and tells him that, if the medicationisnt taken, restraints will be applied. Thenurses statement constitutes which legal tort?

a. assaultb. batteryc. negligenced. right to refuse treatment



2. The nurse is at risk for lawsuit. Which of thefollowing actions will shield her frompossible lawsuits?

1. knowledge and implementation of standardsof care

2. documentation of actions accurately andconcisely

3. document outcome of care

4. following all doctors order

a. 1,2,4 b. 2 & 3 c. 1,2,3 d. 2,3,4



4. If that nurse divulges theinformation that she is caring for

the child of a patient withsexually transmitted disease, shecan be liable for:

a. libelb. slander

c. tort

d. invasion of privacy



6. Should the accusation be writtenin the newsletter of the hospital,

such liability is a:a. assault

b. libel

c. slanderd. battery

6541925 nursing jurisprudence

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