NURSING JURISPRUDENCE

Complainant VS Respondent

administrative case

"department" "bureaus" "boards" "commision" E.O 292 July 25,1987 President Cory aquino "Administrative Code 1987" PRC Executive (enforcement of rules) Quasi-judicial = RTC (cases) Quasi-legislative (rules and policies)

administrative law

an attempt or threat to touch another person unjustifiably; mental or physical threat Ex.- forcing a pt. to take his medication or treatment

assault

physical harm through willful touching of person or clothing without consent. Ex. - giving of injection without pt's consent

battery

Body of the prevailing jurisprudence or decision of the Supreme Court Legal doctrines and principles Legal guidance in the practice of all professions

case law

Plaintiff VS Defendan

civil case

Organization of family ®ulation of property (August 30,1950) R.A. No. 386 New Civil Code (NCC) E.O.209 = Family Code

civil law

Primary purpose fair /merit system in selection of public officers General purpose merit/ fitness = ensure maintenance of honest, efficient, progressive and courteous civil service

civil service law

"Law of the land" Philippine Constitution 1987 (conventional & rigid)

constitutional law

An agency in the government wherein the administration of justice is delegated.

court

LAWSUIT- proceeding in court for a purpose. Purpose: Enforce a right Redress a wrong

court mechanism

An act committed or omitted in violation of the law

crime

People VS Accused

criminal case

Act No. 3815 as ammended Revised Penal Code (RPC) December 8 1930 Injury or death of a patient Features of injury Classification of death

criminal law

refer to compensation in money recoverable for a loss of damage

damages

A fair and orderly process which aims to protect and enforce a person's right.

due process

Elements of Negligence 4Ds

duty for nurse dereliction (breach of duty) damages as result direct result (injury, harm or death) an injury inccured within the breadth of duty of the nurse where cause of injury is the failure to perform the duty

During extreme emergency only! T.O.

exception

the act was done on purpose or with intent; no harm, injury or damage is needed to be liable.

intentional

Restraints are protective devices used to limit the physical activity of a client or to immobilize a client or an extremity

restraints

a court order to search for properties

search warrant

Refers to the length of time following the event during which the plaintiff may file a suit. Example: negligence- filed within 2-3 years from occurrence.

statute of limitation

an order in court

subpeona

a writ commanding an authorized person to notify a party to appear in court to answer a complaint made against him.

summon

do not require intent but do require the element of harm.

unintentional

a writing from a competent authority in pursuance of law, directing the doing of an act addressed to a person competent to do it

warrant

a court order to arrest or detain a person

warrant of arrest

an individual held upon to give necessary details either for the accused or against the accused

witness

- Legal notes from the court

writ

Branches of Law directly applicable to Nurses

- constitutional law - criminal law - civil law - labor law - administrative law - civil service law - case law

2 types of negligence

1. Commission 2. Omission

LEGAL CONCEPTS AND ISSUES IN NURSING

1. LIABILITY 2. DAMAGES

LAWS THAT PROMOTE THE WELFARE AND WELL-BElNG OF NURSES

1. P.D. 442 - LABOR LAW 2. P.D. 807 - CIVIL SERVICE LAW

DOCTRINES OF NEGLIGENCE

1. RES IPSA LOQUITOR 2. RESPONDEAT SUPERIOR 3. FORCE MAJEURE

what are the 2 phases of due process?

1. pre trial 2. trial

what are the types of law

1. private or civil law 2. public law

FUNDAMENTAL REQUIREMENTS OF DUE PROCESS:

1. right to be informed 2. right to remain silent 3. right competent counsel 4. no use of violence, threat, torture 5. right to know the witness face to face

what are the written orders of court?

1. writ 2. warrant

Medications given to inhibit a specific behavior or movement. e.g. sedation, psychotrophic drug

Chemical restraints

wrong doing

Commission

Acts or offenses against public welfare Misdemeanor- offenses or acts less than a felony Felony- a public offense committed with deceit and fault

Criminal Actions

Two elements: of crime

Criminal act Evil/criminal intent

Character assassination There must be a third person who hears or read the comment before it can be considered defamation

DEFAMATION

with criminal intent

Deceit (dolo)

bring documents, objects, materials, chart to court

Duces tecum (papers)

what are the elements of practice

Duty of the nurse Dereliction or breach of duty Direct result (injury or harm) Damages Exceeds the limits of the standards of care Foreseability of harm

- Unjustifiable detention of a person without a legal warrant - occurs when the person is not allowed to leave a health care facility when there is no legal justification to detain the client. - occurs when restraining devices are used without an appropriate clinical need

FALSE IMPRISONMENT

- Irresistible force; unforeseen or inevitable event - No person shall be responsible for those events which cannot be foreseen Ex. Flood, fire, earthquake

FORCE MAJEURE

without; negligence

Fault (culpa)

as possible avoid T.O. "whatever is not written is not an order"

General rule

lack of ability, legal qualifications or fitness to discharge the required duty

INCOMPETENCE

Right to privacy is the right to be left alone Right to be free from unwarranted publicity Exposure to public view Divulge information from patient's chart to improper sources or unauthorized person

INVASION OF PRIVACY

failure to do something which a reasonable & prudent person should have done.

Negligence

total neglect of care - didn't do anything

Omission

Defines among other things, hours of work, contract and nurse staffing in industrial clinics

P.D. 442- Labor Code

Provide for the recruitment and selection of employees in government service; qualification standards; personnel evaluation system; and personnel discipline

P.D. 807- Civil Service Law

Statements uttered in good faith; not permitted to be divulged in court of justice

PRIVILEGED COMMUNICATION

restrict client's movement through the application of a device e.g. restraint jacket, straps,

Physical restraints

Confidential information can be revealed!

Pt. consent, if there is Inform HCT for precautionary measures Crimes, child abuse, BWS Communicable disease- R.A. 3573 (Law on Notifiable Diseases) Ethics

Prescription information (based on _________ of the Pharmacy Act)- all prescriptions must contain the following information: Name of MD, PTR, PRC#, location of clinic/ hospital Name of patient, age, sex Information about drug - frequency duration Generic & brand name in prescription

R.A. 5921

All prescribed drug must be written in generic and brand names or generic name but never the brand name alone Purpose: for the pt. to choose what brand they want

R.A. 6675- Generics Act of 1988

Has provisions on benefits, rights and responsibilities of public health workers

R.A. 7305- Magna Carta for Public Health Workers

Prohibits hospitals and clinics from demanding advance payments/cash deposits before patients are admitted or treated

R.A. 8344 "No Deposit Policy"

- "the things speak for itself" - the injury is enough proof of negligence

RES IPSA LOQUITOR

- Let the master answer for the acts of the subordinate - The liability is expanded to include the master as well as the employee

RESPONDEAT SUPERIOR

person does an act from which damage results immediately

Reckless imprudence-

did not use precaution and the damage was not immediate

Simple imprudence

types of defamation

Slander-oral defamation Libel-written words

testify as witness at a specified time and place

Ad testificandum (person)

P.D. No. 442 May 1,1974 Take effect Nov 1, 1974

labor law

Sum total of rules and regulations by which society is governed

law

a rule of civil conduct prescribed by the supreme power in a state commanding what is right and prohibiting what is wrong.

law

a claim which can be enforced by legal means against a person whose duty is to respect it.

legal right

is an obligation or debt that can be enforced by law A person who is liable for malpractice is usually required to pay for damages.

liability

Doing acts or conducts that are not authorized or licensed or competent or skilled to perform, resulting to injuries or non-injurious consequences Stepping beyond one's authority Negligent act committed in the course of professional performance RN exceeding the scope of nursing practice & does an MD's job.

malpractice

department of law which comprise all legal rules and principles affecting the practice of nursing.

nursing jurisprudence

the making of laws, or the body of laws already affecting the practice of nursing.

nursing legislation

eliminate matters not in dispute, agree on issues or settle procedural matters.

pre trial

body of law that deals with relationship among private individuals

private or civil law

body of law for the welfare of the general public; relationship between individuals and the government and government agencies

public law

A legal wrong, committed against a person or property

torts

facts are presented and determined; law applied at the end.

trial