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NURSING JURISPRUDENCE Review Atty. Anabelle C. De Veyra, RN, MM Instructor

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Page 1: Nursing Jurisprudence Review

NURSING JURISPRUDENCE Review

Atty. Anabelle C. De Veyra, RN, MMInstructor

Page 2: Nursing Jurisprudence Review

Learning objectives• In preparation for the board examination, this review

class will help the students retain basic information related to nursing practice and develop broader perspectives through:– Knowing the concepts of jurisprudence, theories,

principles, and laws in relation to the practice of nursing– Understanding the legal, moral and ethical responsibilities

and liabilities of the professional nurse – Discussing the nursing law especially the scope of nursing

practice– Identifying the doctrines in determining negligence– Hopefully, applying or observing some of these laws and

principles even as nursing students, at the clinical areas.

Page 3: Nursing Jurisprudence Review

Order of Presentation

• Introduction• Nursing Jurisprudence, sources, functions• RA 9173• Negligence• Relevant legal doctrines in nursing

practice • Ethics

Page 4: Nursing Jurisprudence Review

Roles and functions of the Nurse

• Caregiver• Communicator• Teacher• Client advocate• Counselor• Change agent

• Leader• Manager• Case manager• Research Consumer• Other expanded roles

Page 5: Nursing Jurisprudence Review

CAREGIVER

Assist the client physically and psychologically while preserving the client’s dignity

Full care, partial care, supportive-educative care, direct care or delegated care

Care giving encompasses the physical, psycho-social, developmental, cultural, and spiritual levels

Page 6: Nursing Jurisprudence Review

COMMUNICATOR

• Communication is integral in nursing• Communicate with the client, support persons, other

health professionals, people in the community• Quality communication to meet client’s health care

needs• Clear• Accurate

Page 7: Nursing Jurisprudence Review

TEACHER

• Helps client learn about their health and the health care procedures they need to perform to restore or maintain their health

• Assesses the clients’ learning needs and readiness to learn

• Sets specific learning goals together with the client

• Enacts teaching strategies and measures learning• Teacher to other health care providers

Page 8: Nursing Jurisprudence Review

CLIENT ADVOCATE

• Advocate is one who expresses and the defends the cause of another

• Acts to protect the rights and dignity of the client

• Relay clients’ wishes for information to the physician

• Supports clients in their decision, giving them full or at least mutual responsibility in decision making

Page 9: Nursing Jurisprudence Review

COUNSELOR• Counseling is a process of helping a client to

recognize and cope with stressful psychological or social problems, to develop improved interpersonal relationship and promote personal growth.

• Counseling aims to help healthy individuals with normal adjustment difficulties and focuses on helping the person develop new attitudes, feelings and behaviors by encouraging the client to look at alternative behaviors, recognize the choices and develop a sense of control.

Page 10: Nursing Jurisprudence Review

CHANGE AGENT

• Assists client modify in their own behavior• Acts to make changes in a SYSTEM such as

clinical care system• Initiates, innovates, motivates, influences

others• “status quo syndrome”

Page 11: Nursing Jurisprudence Review

LEADER

• Influences others to work together to accomplish a goal

• Initiative and the ability and confidence to innovate change, motivate, facilitate and mentor others

Page 12: Nursing Jurisprudence Review

MANAGER

• Given the authority, power and responsibility for planning, organizing, staffing, directing, controlling, budgeting

• Establish and evaluate standards• Control human, financial and material

resources.• Sets goals, make decisions and solve problems

Page 13: Nursing Jurisprudence Review

CASE MANAGER

• The nurse case manager works with the multidisciplinary health care team to measure the effectiveness of the case management plan and to monitor outcomes

• Works with primary or staff nurses to oversee the care of a specific caseload.

Page 14: Nursing Jurisprudence Review

RESEARCH CONSUMER

• Uses research to improve client care• Need to have awareness of the process and

language of research• Sensitive to issues related to protecting the

rights of the human subjects• Participate in the identification of significant

researchable problems• Be a discriminating consumer of research

findings

Page 15: Nursing Jurisprudence Review

The professional Nurse

NURSE

Authority Autonomy Accountability

POLITICS ETHICS

Page 16: Nursing Jurisprudence Review

Authority• Specialized education program

• Satisfy an indispensable social need• Theories, principles, models, frameworks• Core values

• Body of knowledge• Well defined and well organized body of specialized

knowledge• Well developed scientific techniques which is the result

of tested experience• Constantly enlarges the body of knowledge it uses and

improves its techniques of education and service by the use of scientific method.

• Give evidence of needed skills which the public does not posses.

Page 17: Nursing Jurisprudence Review

Nursing theories and modelsNursing Theorist Year Nursing Theory/model

Florence Nightingale 1859 Environmental Theory

Hildegard Paplau 1952 Interpersonal model

Faye Abdellah 1960 Patient-centered approaches to nursing

Ernestine Weidenbach 1964 Compassion and sensitivity

Page 18: Nursing Jurisprudence Review

Nursing theories and modelsNursing Theorist Year Nursing Theory/model

Virginia Henderson 1966 Nature of Nursing Model

Myra Levine 1969 Four Conservation Principles

Ida Jean Orlando 1972 Nursing’s unique and independent concerns

Dorothea Orem 1980 Self-care Deficit Theory

Page 19: Nursing Jurisprudence Review

Nursing theories and modelsNursing Theorist Year Nursing Theory/model

Dorothy E. Johnson 1980 Behavioral System Model

Imogene King 1981 Goal Attainment Theory

Betty Newman 1982 Health Care System Model

Sister Calista Roy 1984 Adaptation Model

Page 20: Nursing Jurisprudence Review

Nursing theories and modelsNursing Theorist Year Nursing Theory/model

Martha E. Rogers 1984 Unitary Human Beings

Lydia Hall Model of Nursing: Care, Core and Cure

Jean Watson 1988 Human Caring Theory

Rosemarie Risso-Parse 1981 Man-Living Health Model

Page 21: Nursing Jurisprudence Review

Theories and models

• Focus on health not merely on sickness• Clientele that includes people of all ages, as

individuals, families, and communities• The identification of “human responses to all

actual or potential health problems” as nursing phenomena of concern

Page 22: Nursing Jurisprudence Review

Theories and models

Core values• Competence• Commitment• Compassion• Confidence• conscience

Page 23: Nursing Jurisprudence Review

AUTONOMY

• Regulates itself and sets standards• Defines the scope of nursing practice• Describes its particular functions and roles• Determines goal and responsibilities in the

delivery of services• Independence at work, responsibility and

accountability

Page 24: Nursing Jurisprudence Review

ACCOUNTABILITY

• Hold on to a standard of conduct that is expected of reasonably prudent nurses

• Directly responsible to their immediate supervisors

• Directly answerable or liable for any mistake/misdeed committed to the client.

Page 25: Nursing Jurisprudence Review

The professional Nurse

NURSE

Authority Autonomy Accountability

POLITICS ETHICS

Page 26: Nursing Jurisprudence Review

Why study nursing jurisprudence?

• Nursing deals with human lives requiring total quality patient care.

• She is faced with critical decisions and critical actions or interventions

• The nurse in her practice needs to be guided of what is and what is not nursing.

• She has to understand her professional accountability, responsibility and liability.

Page 27: Nursing Jurisprudence Review

Why study nursing jurisprudence?

• “Ignorance of the law excuses no one from compliance.”– Conclusive presumption– Public policy– Public necessity– Expediency

Page 28: Nursing Jurisprudence Review

Functions of Nursing Jurisprudence

• Provides a framework for establishing which nursing actions in the care of clients are legal.

• Differentiates the nurse responsibilities from that of the other health professionals.

• Helps establish the boundaries of independent nursing action

• Assists in maintaining a standard of nursing practice by making nurses accountable under the law.

Page 29: Nursing Jurisprudence Review

Elements of Law

–Authority–Expressed or pronounced–Right to enforce

Page 30: Nursing Jurisprudence Review

Nursing Jurisprudence: Sources

• Formal Instruments• Constitution• General laws• Special laws• Ordinances • Executive Orders• Court decisions

• Informal Instruments• Directives• Pronouncements• Resolutions• Memorandums• Theories• Customs and traditions

Page 31: Nursing Jurisprudence Review

Law

• Law– Rule of conduct promulgated by a controlling

authority which may be enforced.– Governs the relationship of private

individuals with government, and with each other.

– Commands us to do what is good and prohibits us to do what is wrong

Page 32: Nursing Jurisprudence Review

Kinds of Law

• according to authorship•Divine Law•Human Laws

Page 33: Nursing Jurisprudence Review

Human Laws• Public – laws that deals with the relationship

between individuals and the government and governmental agencies– Criminal Law– International Law

• Private - laws that deals with the relationship among private individuals– Civil Law– Contracts– Remedial law

Page 34: Nursing Jurisprudence Review

History of the Nursing Law

• Act 2493 of 1915• Act 2808 0f 1919• RA 877 of 1953

• RA 4643• RA 4704 of 1966• RA 6136

• RA 7164 of 1991• RA 9173 of 2002

Page 35: Nursing Jurisprudence Review

Specific Law: RA 9173

• Nursing law in the Philippines• October 21, 2002 signed into law by PGMA• December 31, 2003 – effectivity of the

implementing laws, rules and regulations thru PRC Resolution No. 425 s. 2003.

• Primary duty to implement the law:• Profession Regulation Commission (PRC)• Professional Regulatory Board of Nursing (PRBON)

Page 36: Nursing Jurisprudence Review

Parts of RA 9173

Article Number

Description Number of Sections

I Title Section 1II Declaration of Policy Section 2III Organization of the Board of Nursing Sections 3-11IV Examination and Registration Section 12-24V Nursing Education Sections 25-27VI Nursing Practice Sections 28-29VII Health Human Resource Production,

Utilization and DevelopmentSections 30-34

VIII Penal and Miscellaneous Provisions Sections 35IX Final Provisions Sections 36-41

Page 37: Nursing Jurisprudence Review

State Policy on the Nursing Profession

• Policy of the State to assume responsibility for the protection and improvement of the nursing profession.

• Measures of protection and improvement of the nursing profession:– Relevant nursing education– Humane working conditions– Better career prospects– Dignified existence of the Philippine nurses

Page 38: Nursing Jurisprudence Review

Examples of measures of protection instituted by the State

• Nursing education program shall provide a sound general and professional foundation for the practice of nursing.

• Delivery of quality basic health services• Delivery of quality basic health services through an

adequate nursing personnel system.• People’s right to health (Constitution)• Social justice and human rights (Constitution)

Page 39: Nursing Jurisprudence Review

Nursing Regulation • Professional Regulatory Board of Nursing

• Composition, qualification, and term of office• Powers, duties and functions of the Board• Legal liabilities of board members

» Administrative» Criminal» Civil

• Examination and Registration • Licensure examination• Qualification and requirements for licensure examination• Scope and rating rule of examination• Refresher course• Oath-taking requirements• Registration by reciprocity• Special/temporary permit• Grounds for suspension and revocation of license

Page 40: Nursing Jurisprudence Review

Nursing Practice

• Scope of Nursing practice (Sec. 28)• Scope of nursing means the extent and range of

health care activities which a nurse can do or perform pursuant to law.

• Areas of nursing practice• Nursing education• Nursing service• Community Health Nursing

Page 41: Nursing Jurisprudence Review

Scope of Nursing practice

• When is a person deemed to be practicing nursing?

• When he/she singly or in collaboration with another, initiates and performs nursing services to individuals, families and communities in any health care setting.

» Singly refers to a nurse who is an independent practitioner» In collaboration with another refers to a nurse who is a

member of a health team• The law does not distinguish between services for free

and for fee, hence both services are included as nursing practice.

Page 42: Nursing Jurisprudence Review

Scope of Nursing practice• What nursing practice include?

• Nursing practice includes but not limited to nursing care during the following:

» Conception» Labor» Delivery» Infancy» Childhood» Toddler» Pre-school age» School age» Adolescence» Adulthood» Old age

Page 43: Nursing Jurisprudence Review

Scope of Nursing practice

• Primary responsibility of an independent nurse practitioner?

• Independent nurse practitioner is one who singly initiates and performs nursing services to individuals, families and communities in any health care setting.

• Primary responsibilities of an independent nurse practitioner

» Promotion of health» Prevention of illness

Page 44: Nursing Jurisprudence Review

Scope of Nursing practice• Primary responsibility of a health team member nurse?

• A health team member nurse practitioner is one who, in collaboration with another, initiates and performs nursing services to individuals, families and communities in any health care setting.

• Primary responsibilities of a health team member nurse practitioner:

– Must collaborate with other health care providers for the following:

» For the curative, preventive and rehabilitative aspects of care

» For the restoration of health» For the alleviation of suffering, and» When recovery is not possible, towards a peaceful

death.

Page 45: Nursing Jurisprudence Review

Duty of the nurse

• Provide nursing care through the utilization of the nursing process

• What is the nursing process?– A way of thinking as a nurse– Framework of interrelated activities resulting in competent

nursing care– Dynamic and cyclical in nature, requiring repeated review– A scientific problem-oriented approach to patient – Step by step activities embodied in a nursing care plan for the

effective, competent and responsible management of patient’s health problem

Page 46: Nursing Jurisprudence Review

Steps in the nursing process• Nursing assessment – objective and subjective observation using

the 5 senses• Nursing diagnosis – preparing a description of actual and potential

health problems that changes the patient’s life processes or functions based on subjective and objective observations

• Nursing plan – pertains to the blueprint for action developed by a nurse based on nursing diagnosis. It contains the patient’s health goal the course of actions intended to help the patient achieve his goal.

• Nursing implementation – or intervention is the carrying out of actions as stated in the nursing care plan or the patient’s plan of care

• Nursing evaluation – is the critical assessment of whether the patient’s goal has been achieved within the time frame and what changes are made in the patient’s plan of care, if

Page 47: Nursing Jurisprudence Review

Nursing care, what does it include?• Traditional and innovative approaches• Therapeutic use of self• Executing health care, techniques and procedures• Essential primary health care• Comfort measures• Health teachings, and• Administration of written prescription for:

• Treatment• Therapies• Oral, topical and parenteral medications• Internal examinations during labor in the absence of antenatal bleeding

and delivery• Suturing of perineal lacerations

Page 48: Nursing Jurisprudence Review

Other duties of the nurse

• Duty of the nurse to establish linkages with community resources and establish coordination with the members of the health team

• Duty of the nurse to provide health education to individuals, families and communities

Page 49: Nursing Jurisprudence Review

Other duties of the nurse

• Duty of the nurse to teach, guide and supervise nursing students:

• Nursing education programs• Administration of nursing services in varied settings

such as hospitals and clinics

Page 50: Nursing Jurisprudence Review

Other duties of the nurse

• Duty of the nurse to undertake consultation services

• Duty of the nurse to engage in activities requiring nursing knowledge and decision making skills

• Duty of the nurse to undertake nursing and human resource development, training and research for the development of advance nursing practice

Page 51: Nursing Jurisprudence Review

Duties of the nurse while in the practice of nursing in all settings:

• Observe the Code of Ethics for Nurses• Uphold the standards for safe nursing practice• Observe the Code of Technical Standards for

Nurses• Maintain competence by continual learning

through continuing professional education

Page 52: Nursing Jurisprudence Review

Prohibited acts (Section 35 RA 9173)

• Practice without a professional license or permit or not declared exempt from examination

• Using the license or permit of another registered nurse

• Using invalid or suspended or revoked or expired professional license or permit

Page 53: Nursing Jurisprudence Review

Prohibited acts (Section 35 RA 9173)

• Giving any false evidence to the Board of Nursing to obtain a professional license or permit or not declared exempt from examination

• Falsely posing or advertising as a registered nurse or using any other means that tend to convey the impression that he/she is a registered and licensed nurse

Page 54: Nursing Jurisprudence Review

Prohibited acts (Section 35 RA 9173)

• Appending to her/his name BSN, RN without actually having been conferred the degree or registration

• Abetting or assisting the illegal practice of a person who is not lawfully qualified to practice nursing

Page 55: Nursing Jurisprudence Review

Prohibited acts (Section 35 RA 9173)

• Undertaking in-service educational programs without permit or clearance from the Board of Nursing and the Professional Regulation Commission

• Conducting review classes for both local and foreign examination without permit or clearance from the PRBON and PRC

Page 56: Nursing Jurisprudence Review

Practice without a license, exception

• Nursing students perform any or all acts set forth in Sec 28 provided the following conditions are present:

• The nursing student performs a nursing function(s)

• Under direct supervision of a nursing faculty

• Faculty is qualified

Page 57: Nursing Jurisprudence Review

Imposable Penalties

Upon the discretion of the Court, the imposable penalties are:

• Fine – Php50,000 to 100,000.00• Imprisonment – 1 year to 6 years• Both fine and imprisonment

Page 58: Nursing Jurisprudence Review

Areas of legal responsibilities and liabilities:

• Criminal• Violations of the Nursing Law and general and special laws

• Civil• Negligence• Torts – malfeasance, misfeasance, non-feasance

• Administrative• Violations of office policies, rules and regulations• Violations of contractual obligations• Disciplinary actions

• Malpractice• Unethical misconduct

Page 59: Nursing Jurisprudence Review

Criminal offenses

• Crimes against persons:• Parricide• Murder• Homicide• Giving assistance to suicide (euthanasia)• Infanticide• Abortion of all kinds• Mutilation• Physical injuries

Page 60: Nursing Jurisprudence Review

Criminal offenses

• Crimes against chastity:• Rape• Acts of lasciviousness• Seduction• Abduction• Adultery• Concubinage • Sexual Harassment (special law)

Page 61: Nursing Jurisprudence Review

Criminal offenses

• Crimes against personal liberty:• Kidnapping• Illegal detention/false imprisonment• Abandonment of persons in danger• Abandonment of one’s own victim• Threats• Grave coercion• Assault/battery

Page 62: Nursing Jurisprudence Review

Criminal offenses

• Crimes against property:• Robbery • Theft or larceny• Swindling or estafa• Malicious mischief

Page 63: Nursing Jurisprudence Review

Criminal offenses

• Crimes against the civil status of person:• Simulation of birth• Substitution of one’s child for another

• Concealment or abandonment of a legitimate child

• Usurpation of another’s civil status• Bigamy

Page 64: Nursing Jurisprudence Review

Criminal offenses

• Crimes against honor:• Libel• Oral defamation or slander• Slander by deed

Page 65: Nursing Jurisprudence Review

NEGLIGENCE

Page 66: Nursing Jurisprudence Review

Neglect

• Failure• Omit/miss• Absence• Disregard• Forget, overlook• Error, exclude, ignore

Page 67: Nursing Jurisprudence Review

Negligence

• Fault to use reasonable care• Failure to do or not to do in observing the

necessary protection of interests and wellness of the client

• The degree of care, precaution and vigilance which a reasonably prudent person would do under like circumstances but because of deficiency or excess of the demandable action, such client or patient suffers an injury or death

Page 68: Nursing Jurisprudence Review

Prudent

• Just• Alert • Careful, vigilant, watchful, • Safe• Rational• Circumspect• Considerate

Page 69: Nursing Jurisprudence Review

Who is a reasonably prudent person?

• Foresee harm as a reasonable consequence of the course to be pursued.

• Refrain from that course or take precautions against harmful results

• Avoid inflicting injuries on others• Anticipate the harm

Page 70: Nursing Jurisprudence Review

Elements of Negligence

• Duty of care• Breach or failure of duty of care• Resulting damage (injury or death)• Factual and causal connection between

the failure of duty of care and the resulting injury (proximate cause)

Page 71: Nursing Jurisprudence Review

Characteristics of “Duty of Care”

• Commensurate to the patient’s needs

• The more vulnerable the patient, there is a higher the risk of harm, requires greater care to protect the patient from harm

Page 72: Nursing Jurisprudence Review

Duty of Care

• Standards of Care• Skills and learning commonly possessed by the nurse

• Standards are used to evaluate the quality of care nurses provide

• Also used as legal guidelines for nursing practice

Page 73: Nursing Jurisprudence Review

Categories of Standards of Care

• Internal Standards of Care– Nurse’s job description– Education– Expertise– Institutional policies and procedures

• External Standards of Care– Nursing Law – scope of nursing practice– Standards issued by the PNA, ANSAP, ORNAP,

MCNAP, etc– Code of Ethics

Page 74: Nursing Jurisprudence Review

Proximate Cause

• that act or omission • which is the natural and continuous

sequence,• unbroken by any efficient intervening

cause• produces an injury, and• without which the result would not have

occurred

Page 75: Nursing Jurisprudence Review

Types of Negligence

• As a crime (culpa criminal)• Felony committed by culpa or fault due to

imprudence, lack of foresight, lack of skills, negligence

• As torts (culpa contractual)• Negligence – malfeasance, misfeasance, non-

feasance• As quasi-delict (culpa aquiliana)

• No pre-existing contractual relations• Negligence, lack of due care

Page 76: Nursing Jurisprudence Review

Culpa criminalNegligence is direct, substantive, independent of a contract

No pre-existing obligation except the duty to never harm othersProof needed is proof beyond reasonable doubt

Defense of a good father of a family in the selection and supervision of employees is not a proper defense because the employee’s guilt becomes the employer’s civil guilt, if the former is insolventAccused is presumed innocent until the contrary is proven, so the burden of proving negligence of the accused is at the prosecution side

Page 77: Nursing Jurisprudence Review

Culpa contractualNegligence is merely incidental to the performance of an obligation already existing because of a contractThere is a pre-existing obligation (a contract – express or implied)Proof needed is only preponderance of evidence

Defense of a good father of a family in the selection and supervision of employees is not a proper and complete defense because we follow the respondeat superior rule or command responsibility or master-servant ruleContract must be proven and that it was carried out

Page 78: Nursing Jurisprudence Review

Culpa aquilianaNegligence is direct, substantive and independent

No pre-existing obligation except the duty to be careful in all human actuationsProof needed is only preponderance of evidence

Defense of a good father of a family in the selection and supervision of employees is a proper and complete defense as employers or guardians are concerned (vicarious liability)Ordinarily, the victim has to prove negligence of the defendant because his action is based on the alleged negligence of the latter.

Page 79: Nursing Jurisprudence Review

A nurse may be considered negligent in the care of her patient if, as required in the due performance of her duties, she neglected to do that which she ought to have done, or did that which she ought not to have done, or if she failed to exercise that degree of care which a reasonable prudent nurse, in the practice of her profession, would have exercised under like circumstances.

Nursing Negligence

Page 80: Nursing Jurisprudence Review

Doctrines in Negligence• Respondeat superior• Respondeat Superior as Bonus

pater familias• Damnum absque injuria• Doctrine of Force Majeure• Doctrine of Stare Decisis

Page 81: Nursing Jurisprudence Review

Other common errors

• Malfeasance• Misfeasance• Nonfeasance• Doctor’s order rule• Advance directives or living will

Page 82: Nursing Jurisprudence Review

Doctrine of Respondeat Superior

• “Let the master answer for the acts of the subordinate”

• Bonus pater familias – the relationship of the nurse and her employer as her good father of a family, whereby the employer ultimately becomes liable on his own negligence in selecting employees

Page 83: Nursing Jurisprudence Review

RESPONDEAT SUPERIOR

• Master-servant rule• The liability is not only to the

employee but also expanded to the employer upon finding that he has been negligent in the selection of his employees

Page 84: Nursing Jurisprudence Review

RESPONDEAT SUPERIOR

• Doctrine of vicarious liability– When one acts through the agency of

another, then, in contemplation of the law, he himself is acting so as to make him responsible for the acts done by his agent or subordinate.

• Captain of the ship rule

Page 85: Nursing Jurisprudence Review

Example of Respondeat Superior

• Hiring under board nurses as a measure to cut down hospital expenses

• Captain of the ship rule – surgeons are liable if an abdominal pack is left inside the abdomen of patient

Page 86: Nursing Jurisprudence Review

Res Ipsa Loquitor

• “the thing speaks for itself:• Doctrine of common knowledge

whereby the injury itself is a sufficient proof of the negligent act

• There is no further explanation beyond the obvious facts as shown

Page 87: Nursing Jurisprudence Review

How determined• The thing causing the accident lies within the

exclusive control of the person complained of (defendant).

• That the defendant has a better opportunity to know the condition and management of the thing under his control than the victim (complainant/plaintiff)

• That the accident would not have happened had the defendant use the thing in the proper and careful manner.

Page 88: Nursing Jurisprudence Review

Examples of negligence – REs Ipsa Loquitor

• Scalpel or sponge left inside the abdomen• Burns• Defective equipment• Infection/bedsore• Contractures• Falls

Page 89: Nursing Jurisprudence Review

Elements required to prove negligence under this res ipsa doctrine:

• The harm would not ordinarily have occurred without someone’s negligence

• The instrumentality of the harm was under the exclusive control of the defendant at the time of the likely negligent act, and

• The plaintiff did not contribute to the harm by his own negligence

Page 90: Nursing Jurisprudence Review

Damnum Absque Injuria

• Although there was physical damage, there was no legal injury

• The victim is not entitled to recover for damages or compensation for the loss or injury

• There is intervention of extraordinary circumstance beyond her control when performing the lawful act prudently, hence no liability

Page 91: Nursing Jurisprudence Review

Doctrine of Force Majeure

• Refers to an event which cannot be foresee, or which being foreseen is inevitable

• Event is independent of the will of the actor

• The victim is not entitled to recover for damages or compensation for the loss or injury

Page 92: Nursing Jurisprudence Review

Doctrine of Stare Decisis

• To stand by that which is decided•This means that the court stands by its previous decision or precedent

•Stay in decision is applied to cases with similar facts as the decided case

Page 93: Nursing Jurisprudence Review

Other common mistakes

• Malfeasance – performance of an act which ought not to be done

• Misfeasance – improper performance of some act which might lawfully be done

• Nonfeasance – omission of some act which ought to be performed

Page 94: Nursing Jurisprudence Review

Other common mistakes

• Doctor’s order rule•Verbal or telephone or text message orders

•Written orders• Advance directives or living will

•DNR

Page 95: Nursing Jurisprudence Review

Best legal defenses of a nurse in negligence

• Prevention to commit negligent acts• Knowing and understanding and following

with care the standards of safe nursing practice, established protocols and hospital policies

• Proper documentation of actions or observations with clarity and accuracy

• Exercise necessary protection and precaution as they assume all risks of harm, infections and contaminations

Page 96: Nursing Jurisprudence Review

Some cases to readReference: Philippine Nursing Law, Jurisprudence and Ethics by A. Dionesio

• Somera Case• Maki v. Murray Hospital• Ybarra v. Spanggard• Ales v. Ryan et al• Nicholson v. Sisters of Charity of Providence• Ratliffe v. Wesley Hospital• Aderhold v. Bishop• Borwege v. City of Owatonna

Page 97: Nursing Jurisprudence Review

Other sources of negligence:

• Doctor’s order rule• Verbal or telephone or text message orders• Written orders

• Advance directives or living will• DNR

• Breached of confidentiality• Documentation• Abbreviation

Page 98: Nursing Jurisprudence Review

Seal of Secrecy

• Information obtained forever remains secret even after death of the patient

• It can only be broken in any of the following:• Criminal cases• Consent of patient• Patient sued the physician• Communicable diseases• Members of the health team, if such

information is relevant to his care

Page 99: Nursing Jurisprudence Review

Best legal defenses of a nurse in negligence

• Prevention to commit negligent acts• Knowing and understanding and following with care

the standards of safe nursing practice, established protocols and hospital policies

• Proper documentation of actions or observations with clarity and accuracy

• Exercise necessary protection and precaution as they assume all risks of harm, infections and contaminations

Page 100: Nursing Jurisprudence Review

Ethical Responsibilities• Health is a fundamental right of every individual.• The Filipino nurse believes in the worth and dignity

of each human being• Responsibilities encompasses promotion of health,

prevention of illness, alleviation of sufferings and restoration of health.

• However, when recovery is not possible, assistance towards a peaceful death shall be the obligation of the nurse

Page 101: Nursing Jurisprudence Review

Ethical Responsibilities: Nurses and People

• Values, customs, and spiritual beliefs held by individuals shall be respected.

• Individual freedom to make rational and unconstrained decisions shall be respected.

• Personal information acquired in the process of giving nursing care shall be held in strict confidence.

Page 102: Nursing Jurisprudence Review

Ethical Responsibilities: Nurses and Practice

• Human life is inviolable.• Quality and excellence in the care of patients

are the goals of nursing practice.• Accurate documentation of actions and

outcomes of delivered care is the hallmark of nursing accountability.

Page 103: Nursing Jurisprudence Review

Ethical Responsibilities: Nurses and Practice

• Registered nurses are the advocates of the patients: they shall take appropriate steps to safeguard their rights and privileges.

• Respect the patient’s bill of rights.

Page 104: Nursing Jurisprudence Review

Rights of the patient

• Right to competent care• Freedom from harm• Right to informed consent• Right to withdraw from participation• Right to privacy• Right to confidentiality

Page 105: Nursing Jurisprudence Review

Ethical Responsibilities: Nurses and Practice

• Registered nurses are the aware that their actions have professional, ethical, moral and legal dimensions.

• They strive to perform their work in the best interest of all concerned.

• Perform their professional duties in conformity with existing laws, rules and regulations, measures and generally accepted principles of moral conduct and proper decorum.

Page 106: Nursing Jurisprudence Review

Ethical Responsibilities: Nurses and Practice

• Registered nurses do not allow themselves to be used in advertisement that should demean the image of the profession (indecent exposure, violation of dress code, seductive behavior, etc)

• Decline any gift, favor or hospitality which might be interpreted as capitalizing patients.

Page 107: Nursing Jurisprudence Review

Ethical Responsibilities: Nurses and Practice

• Not demand and receive any commission, fee or emolument for recommending or referring a patient to a physician, a co-nurse or another health care worker, not to pay any commission, fee or compensation to the one referring or recommending a patient to them for nursing care.

Page 108: Nursing Jurisprudence Review

Ethical Responsibilities: Nurses and Practice

• Avoid any abuse of the privilege relationship which exists with patients and of the privilege access allowed to their property, residence or workplace.

Page 109: Nursing Jurisprudence Review

Ethical Responsibilities: Nurses and Co-workers

• The Registered Nurse is in solidarity with other members of the health care team in working for the patient’s best interest.

• Maintains collegial and collaborative working relationships with colleagues and other health care providers.

• Honor and safeguard the reputation and dignity of the members of nursing and other professions.

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Ethical Responsibilities: Nurses and Co-workers

• Refrain from making unfair and unwarranted comments or criticisms on their competence, conduct, and procedures or not to do anything that will bring discredit to a colleague and to any member of other professions.

• Respect the rights of the co-workers.

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Ethical Responsibilities: Nurses and Society and Environment:

• The preservation of life, respect for human rights, and promotion of health environment shall be a commitment of a Registered Nurse.

• The establishment of linkages with the public in promoting local, national and international efforts to meet health and social needs of the people as a contributing member of society is a noble concern of the Registered Nurse.

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Ethical Responsibilities: Nurses and Society and Environment:

• Be conscious of the obligations as citizens and, as such, be involved in community concerns.

• Be equipped with knowledge of health resources within the community, and take active roles in primary health care.

• Lead their lives in conformity with the principles of right conduct and proper decorum.

• Project an image that will uplift the nursing profession at all times.

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Ethical Responsibilities: Nurses and the Profession:

• Maintenance of loyalty to the nursing profession and preservation of its integrity and ideal.

• Compliance with the by-laws of the accredited professional organization (PNA), and other professional organizations of which the Registered Nurse is a member.

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Ethical Responsibilities: Nurses and the Profession:

• Commitment to continual learning and active participation in the development and growth of the profession are commendable obligations.

• Contribution to the improvement of the socio-economic conditions and general welfare of nurses through appropriate legislation is a practice and a visionary mission.

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Ethical Responsibilities: Nurses and the Profession:

• Nurses must be members of accredited professional organization.

• Strictly adhere to the nursing standards.• Strive to secure equitable socio-economic and work

conditions in nursing through appropriate legislation and other means.

• Assert for the implementation of labor and work standards.

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Consent• Free and rational act that presupposes

knowledge of the thing to which consent is partly given to a person who is legally capable to give consent.

• It is an authorization by a patient or person authorized law to give consent on the patient’s behalf, that changes a touching from non consensual to consensual.

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Other Related Laws to the practice of nursing:

• Nurses benefits and privileges• Nurses responsibilities• Blood and Organ Donation• Drugs and Medicines• Environmental Welfare• Research

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Related Laws to the practice of nursing:

• Nutritional Concerns• Lifestyle• Women and Children• Elderly

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Laws related to nurses benefits and privileges

• RA 7305 – The Magna Carta of Public Health Workers (March 26, 1992)

• RA 7305 Implementing Rules and Regulations by DOH (May, 1999)

• RA 7883 – Barangay Health Workers Benefits and Incentives Act of 1995

• RA 7875 – National Health Insurance Act of 1995 (February 14, 1995

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Laws related to nurses benefits and privileges

• RA 6713 – Code of Conduct and Ethical Standards for Public Officials and Employees (March 25, 1989)

• PRC Resolution - Code of Ethics for Nurses (July 14, 2004)

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Laws related to nurses responsibilities:

• BP Bilang 702 – An Act Prohibiting the Demand of Deposits or Advance Payments for confinement or treatment of patients in Hospitals and Medical Clinics in certain cases.

• RA 8344 – An Act Penalizing the Refusal of Hospitals and Medical Clinics to Administer Initial Medical Treatment and Support in Emergency of Section Cases, Amending for the purpose BP 702. (June 5, 1997)

• RA 9173 – The Philippine Nursing Law of 2002 (October 21, 2002).

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Blood/organ Donation:

• RA 7805 – An Act to Advance Corneal Transplantation in the Philippines

• RA 7719 – National Blood Services Act of 1994 (May 5, 1994)

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Drugs and Medicines:

• RA 3720 – Food, Drug and Cosmetic Act (June 22, 1963)

• RA 6675 – Generics Act of 1988 (September 13, 1988)

• RA 8203 – Special Law on Counterfeit Drugs (September 4, 1996)

• RA 8423 – The Traditional and Alternative Medicine Act of 1997 (December 9, 1997)

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Environmental Welfare:

• Sanitation Code of the Philippines• RA 8749 – The Philippine Clean Air Act of 1999

(June 23, 1999)• RA 9003 – Ecological Solid Waste

Management Act of 2000 (January 26, 2001)

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Research:

• RA 9245 – Philippine Ear Research Act of 2003 (February 19, 2004)

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Nutritional Concerns:

• ASIN Law• RA 8976 – Philippine Food Fortification Act of

2000 (November 7, 2000)

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Lifestyle:

• RA 9211 – Tobacco Regulation Act of 2003 (June 23, 2003)

• RA 8504 – Philippine AIDS Prevention and Control Act of 1998

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Women and Children:• RA 7600 – Rooming-in and Breastfeeding Act of 1992• RA 9298 – Anti-Trafficking in Persons Act of 2003

(May 26, 2003)• RA 9231 – Amending RA 7610: Special Protection of

Children Against Child Abuse, Exploitation and Discrimination Act (December 19, 2003)

• RA 9255 – An Act Allowing Illegitimate Children to Use the Surname of their Father (February 24, 2004)

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Women and Children:• RA 9262 – Anti-Violence Against Women and the Children Act

of 2004 (March 8, 2004)• RA 9288 – Newborn Screening Act of 2004 (April 7, 2004)• Dept. Order No. 333 s. 2004 – Implementing Rules and

Regulations of RA 9288 (October 22, 2004)• RA 9165 – Comprehensive Dangerous Drugs Act of 2002• RA 7877 – Anti – Sexual Harassment Act

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Elderly:

• RA 7432 – An Act to Maximize the Contribution of Senior Citizens to Nation Building, Grant Benefits and Special Privileges, and for Other Purposes (April 23, 1992)

• RA 7876 – Senior Citizens Center Act of the Philippines (February 14, 1995)

• RA 9257 – Expanded Senior Citizens Act of 2003 (February 26, 2004)

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