REPORT - Nursing Legal Aspects PDF

LEGAL ASPECTS AND
THE NURSE
2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES
“ The Philippine Nursing Act of 2002 is
the best guide the nurse can utilize
as it defines the scope of nursing
practice.
REPUB LI C ACT NO. 9173, SECTION 28
PROFESSIONAL
NEGLIGENCE
“ The term “negligence” refers to the commission
or omission of an act, pursuant to a duty, that a
reasonably prudent person in the same or
similar circumstance would or would not do, and
acting or the non-acting of which is the
proximate cause of injury to another person or
his property.
ELEMENTS OF PROFESSIONAL NEGLIGENCE
· Existence of a duty on the part of the person
charged to use due care under circumstances,
· Failure to meet the standard of due care,
· The foreseeability of harm resulting from failure to
meet the standard, and
· The fact that the breach of this standard resulted
in an injury to the plaintiff.
“ ARTICLE 19 OF THE CIVIL CODE
One shall act with justice, give every man his
due, observe honesty and good faith.
“ ARTICLE 20 OF THE CIVIL CODE
Those who, in the performance of their
obligations through negligence cause any
injury to another, are liable for damages.
“ LIABILITY FOR NEGLIGENCE
Shall be imposed upon a nurse who has
failed to behave as a reasonable, prudent
nurse would act in the particular
circumstance.
“ INCIDENT REPORTS
Clarifies cause and preventive actions, and
are used for medico-legal purposes.
SPECIFIC EXAMPLES
OF NEGLIGENCE
SPECIFIC EXAMPLES OF NEGLIGENCE
· Failure to report observations to attending
physicians.
· Failure to exercise the degree of diligence which
the circumstances of the particular case demands.
· Mistaken identity.
· Wrong medicine, wrong concentrations, wrong
route, wrong dose.
SPECIFIC EXAMPLES OF NEGLIGENCE
· Defects in the equipment such as stretchers and
wheelchairs may lead to falls thus injuring the
patients.
· Errors due to family assistance.
· Administration of medicine without a doctor’s
prescription.
THE DOCTRINE OF
RES IPSA LOQUITUR
“ RES IPSA LOQUITUR
The thing speaks for itself.
Means that the injury could not have
happened if someone was not negligent that
no further proof is required.
3 CONDITIONS REQUIRED TO ESTABLISH A
DEFENDANT’S NEGLIGENCE:
· That the injury was of such nature that it would
not normally occur unless there was a negligent
act on the part of someone;
· That the injury was caused by an agency within
control of the defendant; and
· That the plaintiff himself did not engage in any
manner that would tend to bring about the injury.
MALPRACTICE
“ The term “malpractice” in the usual sense
implies the idea of improper of unskillful care
of a patient by a nurse. It denotes stepping
beyond’s authority with serious
consequences. It is the term for negligence
or carelessness of professional personnel.
“ The term “malpractice” is used
properly only when it refers to a
negligent act committed in the
course of professional performance.
LESNI K, 19 6 2
THE DOCTRINE OF
FORCE MAJEURE
“ FORCE MAJEURE
An irresistible force, one that is unforeseen
or inevitable.
“ No person shall be responsible for those
events which cannot be foreseen, or which,
though foreseen, are inevitable, except in
cases expressly specified by law.
FORCE MA JEURE, CIVIL C ODE OF THE PHILIPPINES
THE DOCTRINE OF
RESPONDEAT SUPERIOR
“ RESPONDEAT SUPERIOR
Let the master answer for the acts of the
subordinate.
“ The liability is expanded to include the
master as well as the employee and not a
shift of liability from the subordinate to the
master.
“ INCOMPETENCE
Is the lack of ability, or legal qualifications
and being unfit to discharge the required
duty.
LIABILITY OF NURSE FOR THE WORK OF:
· Nurse trainees and nurse volunteers
· Nursing aides
· Nursing students (under R.A. 9173)
· Should always be under the supervision of their clinical instructors.
· Should be given assignments that are at their level of training,
experience, and competency.
· Should be advised to seek guidance especially if performing a
procedure for the first time.
· Should be oriented to the policies of the nursing unit where they are
assigned.
· Frequent conferences with students will reveal their problems which
they may want to bring to the attention of their CI or vice versa.
“ ADVOCACY
Is helping others to grow and self-actualize
by informing them of their rights and
ascertaining that they have the right
information on which to base their decisions.
THE CODE OF ETHICS FOR
REGISTERED NURSES
A RT I C L E I I I ( R EG I ST E R E D N U R S ES A N D P R ACT I C E ) S ECT I O N 8 ( E T H I CA L
P R I N C I P L E ) A N D S ECT I O N 9 ( G U I D E L I N ES TO B E O B S E R V E D
I. REGISTERED NURSES ARE THE
ADVOCATES OF THE PATIENTS
They shall take appropriate steps to safeguard their rights
and privileges. RNs must:
a. Respect the patients’ “Bill of Rights” in the delivery of
nursing care.
b. Provide the patients and their families with all
pertinent information except those which may be
deemed harmful to their well-being; and
c. Uphold the patients’ rights when conflict arises
regarding management of their care.
II. NURSES SHOULD BE ABLE TO ADVOCATE
FOR THEMSELVES AND THE PROFESSION
With regard to [Art. VI (Registered Nurses and the Profession)]:
a. Their working conditions - the administration of the
agency must provide for safe working conditions;
b. Their contributions to the improvement of the socio-
economic conditions and the general welfare of nurses
through appropriate legislation;
c. Adequate compensation according to law; and
d. Asserting the implementation of labor and work
standards.
MEDICAL ORDERS, DRUGS,
AND MEDICATIONS
“ Only validly registered medical, dental, and
veterinary practitioners, whether in private
institution/corporation or in the government,
are authorized to prescribe drugs.
REPUB LI C ACT NO. 6675
“ Prescriptions made by unauthorized persons
constitute illegal practice of medicine,
dentistry, or veterinary medicine and is
punishable under R.A. 2832 or the Medical
Act of 1959, R.A. 4419 (Dental Act), R.A. 382
(Veterinary Act).
ALL PRESCRIPTIONS MUST CONTAIN:
I N AC C O R D A N C E W I T H R . A . 5 9 2 1 , 1 9 O R T H E P H A R M ACY ACT
· Name of prescriber
· Office address
· Professional registration number
· Professional tax receipt number
· Patient’s name, age, sex
· Date of prescription
IV THERAPY AND LEGAL
IMPLICATIONS
“ In the administration of intravenous
injections, special training shall be required
according to protocol established.
PHILIPP INE NURSING ACT OF 1991, SECTION 28
“ Any registered nurse without such training
and who administers intravenous injections
to patients, shall be held liable, either
criminally under Sec. 30, Art. VII of said law
or administratively under Sec. 21, Art. III or
both.
BOA RD OF NURSING RESOL UTION NO. 8
SCOPE OF DUTIES AND RESPONSIBILITIES
OF NURSING IN IV THERAPY:
· Interpretation of the doctor’s orders for IV therapy;
· Performance of venipuncture, insertion of needs,
cannulas, except TPN and cutdown;
· Preparation, administration, monitoring, and
termination of IV solution such as additives, IV
meds, and IV push;
· Administration of blood/blood products as ordered
by physicians.
· Recognition of solution and medicine
incompatibilities;
· Maintenance and replacement of sites, tubings,
dressings, in accordance with established
procedures;
· Establishment of flow rates of solutions,
medicines, blood and blood components;
· Utilization of thorough knowledge and proficient technical ability
in the use/care, maintenance, and evaluation of intravenous
equipment;
· Nursing management of Total Parenteral Nutrition, out-patient IV
care;
· Maintenance of established infection control and aseptic
nursing interventions; and
· Maintenance of appropriate documentation, associated with the
preparation, administration, and termination of all forms of IV
therapy.
TELEPHONE ORDERS
RISKS WHEN TAKING TELEPHONE ORDERS
· May be misunderstood or misinterpreted by the
receiving nurse;
· Messages may sound unclear or garbled;
· Mispronunciation of words;
· Orders are not signed by the physician
RESPONSIBILITIES OF THE NURSE TAKING
TELEPHONE ORDERS
· Read back the order to the physician to make sure the
order has been correctly received.
· Ask the physician to sign the telephone order within
24 hours since it was given.
· Sign the name of the physician per her own and note
the time the order was received.
CONSENT TO MEDICAL AND
SURGICAL PROCEDURES
“ Consent is defined as a “free and rational act
that presupposes knowledge of the thing to
which consent is being given by a person
who is legally capable to give consent.”
NATURE OF CONSENT
· Is a written authorization that changes a specific act
from non-consensual to consensual. It serves as proof
against any liability that may arise due to an alleged
unlawful touching of a patient.
· The nurse primarily secures the consent upon
admission.
· Initial consent is usually for diagnostic procedures
and initial treatment deemed necessary by the medical
staff.
INFORMED CONSENT
· The diagnosis and explanation of the condition;
· A fair explanation of the procedures to be done and
used and the consequences;
· A description of alternative treatments and
procedures;
· A description of the benefits to be expected;
· Material rights if any; and
· The prognosis, if the recommended care, procedure is
refused.
PROOF OF CONSENT
· Written consent should be signed to show that the
procedure is the one consented to and that the person
understands the nature of the procedure, risks
involved, and the possible consequences.
· Signed special consent is necessary before any

medical or surgical procedure.
WHO MUST CONSENT
· Patient is the one who gives consent.
· If he/she is incompetent or physically unable and is

not an emergency case, consent must be taken from
another who is authorized to give it in his behalf.
CONSENT OF MINORS
· Parents, or someone standing in their behalf.
· Parental consent is not needed if the minor is

married or otherwise emancipated.
CONSENT OF MENTALLY ILL
· Patients who are mentally incompetent cannot
legally consent to medical or surgical treatment.
· Consent must be taken from the parents or legal

guardian.
EMERGENCY SITUATIONS
· No consent is necessary because inaction at

such time may cause greater injury.
REFUSAL TO CONSENT
· A patient who is mentally and legally competent
has the right to refuse the touching of his body or
to submit to a medical or surgical procedure no
matter how necessary, nor how imminent the
danger to his life of health if he fails to submit to
treatment.
“ If after the explanation, he still refuses to sign
the consent form, he should be made to fill out
the release form to protect the hospital and/or
agency and its personnel from any liability that
may result from his refusal. If he refuses to sign
the release form, this should be noted in his
chart.
CONSENT FOR STERILIZATION
· Husband and wife must consent to the procedure
if the operation is primarily to accomplish
sterilization.
· If procedure is medically necessary (abruptio

placentae), patient’s consent alone is sufficient.
MEDICAL RECORDS
IMPORTANCE OF MEDICAL RECORDS
· Saves duplication in future cases and aids in prompt
treatment.
· Supplies rich material for medical and nursing
research.
· Serves as a legal protection for the hospital, doctor,
and nurse by reflecting the disease or condition of the
patient and his management.
“ If it was not charted, it
was not observed or done.
MEDICAL RECORDS IN LEGAL PROCEEDINGS
· Used to give important evidence in legal proceedings
such as police investigations, determining cause of
death, extent of injury incurred by the patient, etc.
· It is usually the medical records librarian, by virtue of a

subpoena duces tecum, who testifies that the patients’
records are kept and protected from unauthorized
handling and change.
LEGAL RISKS FOR
DEFECTIVE EQUIPMENT
NURSE’S RESPONSIBILITIES
· Make sure that the equipment used in procedures and
treatments is not defective.
· Document times equipment is requested to show that

you were able to foresee the improper functioning of
equipment which might cause possible injury to
patients.
INTENTIONAL WRONGS
NURSE’S RESPONSIBILITIES
· A nurse may be held liable for intentional

wrongs. Intentional tortuous acts may arise in
the performance of her duties.
TORTS
“ A tort is a legal wrong, committed against a
person or property independent of a contract
which renders the person who commits it liable
for damages in a civil action. The person who
has been wronged seeks compensation for the
injury or wrong he has suffered from the
wrongdoer.
EXAMPLES OF TORTS
· Assault and battery
· False imprisonment or illegal detention
· Invasion of right to privacy and breach of
confidentiality
· Defamation
CRIMES, MISDEMEANORS,
AND FELONIES
“ Crime is defined as an act committed or
omitted in violation of the law. Criminal
offenses are composed of two elements:
1) criminal act, 2) evil/criminal intent.
“ CONSPIRACY TO COMMIT A CRIME
Exists when two or more persons agree to
commit a felony and decide to do it. Persons
who commit felonies are either principals,
accomplices, or accessories.
“ CRIMINAL ACTIONS
Deal with acts or offenses against public
welfare. These may vary from minor offenses
and misdemeanors to felonies.
“ CRIMINAL NEGLIGENCE
May be classified into reckless
imprudence and simple imprudence.
“ CRIMINAL INTENT
The state of mind of a person at the time the
criminal act is committed, that is, he/she
knows that an act is not lawful and still
decided to do it anyway.
“ CLASSES OF FELONIES
Felonies are classified according to the
degree of the acts of execution which
produces the felony into consummated,
frustrated, and attempted felonies.
“ CONSUMMATED FELONY
When all the elements necessary for its
execution and accomplishment are
present.
“ FRUSTRATED FELONY
When the offender performs all the acts or
execution which will produce the felony as a
consequence but which nevertheless, do
not produce it by reason of causes
independent of the will of the perpetrator.
“ ATTEMPTED FELONY
When the offender commences the
commission of the same directly by overt
acts, and does not perform all the acts or
execution which shall produce the felony.
“ CLASSES OF FELONIES
Felonies are also classified according to the
degree of punishment attached to the felony
whether grave, less grave, or light felony.
“ GRAVE FELONY
Those to which the law attaches the capital
punishment (death) or penalties which in any of
their periods are afflictive (imprisonment
ranging from 6 years and one day to life
imprisonment or a fine not exceeding ₱ 6,000).
“ LESS GRAVE FELONY
Those which the law punishes with penalties
which in their maximum period are correctional
(imprisonment ranging from one month and one
day to 6 years, or a fine not exceeding ₱ 6,000
but not less than ₱ 200).
“ LIGHT FELONY
Those infractions of law for the commission of
which the penalty of arresto menor (imprisonment
for 1 to 30 days or a fine not exceeding ₱ 200 or
both of which are imposed). These are punishable
only when they have been consummated, with the
exception of those committed against a person or
property.
CIRCUMSTANCES AFFECTING
CRIMINAL LIABILITY
I. JUSTIFYING CIRCUMSTANCES
A person may not incur criminal liability under the following
circumstances:
1.1. When he/she acts in defense of his/her person or rights

provided that -
a. There is an unlawful aggression on the part of the
offended or injured party;
b. There is reasonable necessity for the means employed by
the person defending himself/herself to prevent such
aggression; and
c. There is lack of sufficient provocation on the part of the
person defending himself.
1.2. When he/she acts in defense of the person or the rights
of his/her spouse, ascendants, descendants, or legitimate
or natural or adopted brothers or sisters, or relatives by
affinity in the same degrees and those by consanguinity
within the fourth civil degree, provided that the first and
second requisites prescribed in the next preceding
circumstance are present, and further requisite, in the case
of provocation was given by the person attacked, that the
one making defense had no part therein.
1.3. When he/she acts in defense of the person or
rights of a stranger provided that the first and
second requisites mentioned in the first
circumstance and that the person defending is not
induced by revenge, resentment, or other evil
motives.
1.4. When any person who, in order to avoid an evil
or injury, does an act which causes damage to
another provided that the evil sought to be avoided
actually exists, the injury feared is greater than that
done to avoid it and there is no other practical and
less harmful means to prevent it.
1.5. When he/she acts in the fulfilment of a duty
or in lawful exercise of a right or office.
II. EXEMPTING CIRCUMSTANCES
a. An imbecile or an insane person;
b. A person under 9 years of age;
c. A person over 9 years of age and under 15 unless he/she acted
with discernment;
d. Any person who, while performing a lawful act with due care,
causes an injury which is merely an accident without fault or
intention of causing it;
e. Any person who acts under the compulsion of an irresistible
force;
f. Any person who acts under the impulse of an uncontrollable fear
of an equal or greater injury; and
g. Any person who failes to perform an act required by law, when
prevented by some lawful or insuperable cause.
III. MITIGATING CIRCUMSTANCES
a. Circumstances which are otherwise justifying or exempting were
it not for the fact that all requisites necessary to justify the act or
to exempt the offender from criminal liability in the respective
cases are not attendant.
b. When the offender has no intention to commit so grace a wrong
as the one committed.
c. When the offender is under 18 years of age or over 70 years old.
d. When sufficient provocation or threat on the part of the offended
party immediately precedes the act.
e. When the act is committed in the immediate vindication of a
grave offense to the one committing the felony, his/her spouse,
ascendants, descendants, legitimate, natural or adopted brothers
and sisters, or relative by affinity within some degree.
f. When a person acts upon an impulse so powerful as naturally to
have produced an obfuscation.
g. When the offender voluntarily surrenders himself to a person in
authority or his agents, or that he/she voluntarily confesses his/her
guilt before the court prior to the presentation of the evidence for the
prosecution.
h. When the defender is deaf and dumb, blind or otherwise suffering
from some physical defect which thus restricts his/her means of
action, defense, or communication with his/her fellow beings.
i. When the offender is suffering from such illness as would diminish
the exercise of his/her willpower without, however, depriving him/her
of consciousness of his/her acts.
IV. AGGRAVATING CIRCUMSTANCES
a. When the offender takes advantage of his public position;
b. When the crime is committed in contempt of or with insult to
public authorities;
c. When the act is committed with insult or in disregard of the
respect of the offended party on account of his/her rank, age, or
sex or that it is committed in the dwelling of the offended party, if
the latter has not given provocation;
d. When the act is committed with abuse or confidence or obvious
ungratefulness;
e. When the crime is committed in a place of worship;
f. When the crime is committed on the occasion of a conflagration,
shipwreck, earthquake, epidemic, or other calamity or misfortune;
g. When the crime is committed in consideration of a price, reward, or
promise;
h. When the crime is committed by means of inundation, fire, poison,
explosion, standings of a vessel or intentional damage thereto,
derailment of a locomotive, or the use of any other artifice involving
great waste and ruin;
i. When the act is committed with evident premeditation or after an
unlawful entry;
j. When graft, fraud, or disguise is employed; and
k. When the wrong done in the commission of the crime is
deliberately augmented by causing other wrongs not necessary for
its commission.
IV. ALTERNATIVE CIRCUMSTANCES
Are those which must be taken into consideration as
aggravating or mitigating according to the nature and
effects of the crime and other conditions attending its
commission. These are the relationship, intoxication, and
degree of instruction and education of the offender.
RELATIONSHIP
Is aggravating in physical injuries inflicted by a descendant upon an
ascendant. It is mitigating when an accused aided his/her brother in
the fight against the offended party. Relationship is inherent in
parricide or infanticide.
INTOXICATION
Intoxication of the offender shall be taken into consideration as a
mitigating circumstance when the offender has committed a felony in
a state of intoxication, if the same is not habitual or subsequent plan
to commit said felony. When the intoxication is habitual or intentional,
it shall be considered as an aggravating circumstance.
EDUCATION
Illiteracy is not in itself sufficient to be considered mitigating. There
must be lack of sufficient intelligence and knowledge of the full
significance of one’s act. Lack of education is not mitigating in:
a. Rape
b. Forcible abduction
c. Arson
d. Treason
e. In crimes against chastity like seduction ad acts of
lasciviousness
f. Those acts committed in a merciless or heinous manner
“ MORAL TURPITUDE
Iniquity, corrupt; an act of baseness, vileness or
depravity in social or private duties in which a
man owes to his fellow man or in society in
general, an act contrary to the accepted and
customary rule of right and duty between men.
“ MURDER
Unlawful killing of a human being with intent
to kill. Nurses should keep in mind that death
resulting from a criminal abortion is murder.
Euthanasia is also considered murder.
“ HOMICIDE
Is the killing of a human being by another. It may
be committed without criminal intent, by any
person who kills another, other than his father,
mother, or child or any of his ascendants or
descendants, or his spouse, without any of the
circumstances attendant the crime of murder
enumerated above being present.
“ ABORTION
Means the expulsion of the product of
conception before the age of viability. In law,
any person who, with the intention of
prematurely ending a pregnancy, wilfully,
and unlawfully does any act to cause the
same is guilty of procuring abortion.
“ INFANTICIDE
The killing of a child less than three (3)
days of age.
“ PARRICIDE
Killing his/her own father, mother or child
whether legitimate or illegitimate, or any of
his/her ascendants or descendants or his/
her spouse.
Penalty: reclusion perpetua to death
“ ROBBERY
The taking of personal property of another
person from him or in his presence.
“ CONTROLLED SUBSTANCES
RA 6425 or the Dangerous Drugs Act of 1972 covers
the administration and regulation of the
manufacture, distribution, and dispensing of
controlled drugs.
Penalty:
Medical professionals may have licenses revoked +
imposed fine and/or imprisonment
“ SIMULATION OF BIRTH, SUBSTITUTION OF ONE
CHILD FOR ANOTHER, OR ABANDONMENT OF A
LEGITIMATE CHILD
One who enters in a birth cert. a birth that did not
occur. It is the substitution of one child for another
or concealing or abandoning a legitimate child with
intent to cause such child to lose his/her civil status.
Penalty: prision mayor (6 years and 1 day to 12 years)

POINTS TO OBSERVE IN ORDER TO AVOID
CRIMINAL LIABILITY
· Be very familiar with the Philippine Nursing Law.
· Be aware of laws that affect nursing practice.
· At the start of employment, get a copy of your job
description, the agency’s rules, regulations, and
policies.
· Upgrade your skills and competence.
· Accept only such responsibility that is within the
scope of your employment and your job
description.
· Do not delegate your responsibility to others.
· Determine whether your subordinates are
competent in the work you are assigning them.
· Develop good interpersonal relationships with
your co-workers, whether they be your
supervisors, peers, or subordinates.
· Consult your superiors for problems that may be
too big for you to handle.
· Verify orders that are not clear to you or those
that seem to be erroneous.
· The doctors should be informed about the
patient’s conditions.
· Keep in mind the value and necessity of keeping
accurate and adequate records.
· Patients are entitled to an informed consent.
WILLS
“ WILL
A legal declaration of a person’s intentions upon
death. It is called a testamentary document
because it takes effect after the death of its
maker.
Validation of a will in court is known as probate.

One who administers the provision of the will is
known as the administrator.
“ HOLOGRAPHIC WILL
A will which is written, dated and signed by
the testator. It is subject to no other form and
may be made in or out of the Philippines and
need not be witnessed.
“ NUNCUPATIVE WILL
Also called nuncupation; An oral/verbal will.
Restrictions:
· It will be made during the person’s last illness;
· Done in the place which he died;
· One or more witnesses be asked;
· It will be put in writing within a given number of
days;
· It will be offered for probate within a specified time.
“ DECEDENT
A person whose property is transmitted
through succession whether or not he left a
will. If he/she left a will, he/she is called a
testator or testatrix.
“ HEIR
A person called to succession either by the
provision of a will or by operation of law.
TESTAMENTARY CAPACITY AND INTENT
· Testator must have the expressed intention of
making a will. He/She must be of right age, be of
sound mind and have clear thinking ability at the
time of execution.
· Testator shall name the person who will be in-
charge of carrying out the provisions of the will.
· Properties must be disposed in accordance with
legal requirements.
· Will must be signed by the testator, attested and
signed by at least three witnesses in his presence
and of one another.
· Will must be acknowledged before a notary public
by the testator and witnesses.
· Witnesses to the wills shall be of sound mind, >18
years of age, not blind/deaf/dumb and literate.
· A married woman may make a will without the
consent of her husband and without the authority
of the court. She may dispose by will all of her
separate property as well as her share of the
conjugal partnership or absolute community
property.
THE NURSE’S OBLIGATIONS IN THE
EXECUTION OF A WILL
· Note the soundness of the patient’s mind,
· There was freedom from fraud or undue influence
(not induced to make someone beneficiary),
· The patient was above 18 years of age.
· The will was signed by the testator, witnesses
were all present at the same time and signed the
will in the presence of the testator.
· For the nurse’s protection, she should make a
notation on the patient’s chart of the apparent
mental and physical condition of the patient at the
time of making the will and also the fact of his
making the will.
GIFTS
FOUR LEGAL REQUIREMENTS FOR A GIFT
· It must consist of personal property;
· There must be an intention to make the gifts;
· There must be an indication of transfer of control
over such property; and
· There must be acceptance by the recipient
“ GIFTS CAUSA MORTIS/
DONATIO CAUSA MORTIS
Gifts made by a person because of
anticipation of death or belief in approaching
death.
LEGAL PROCEDURE
AND TRIAL
“ TRIAL
Judicial procedure to ascertain facts by
hearing evidence, determine relevant facts,
apply appropriate principle of law and pass
judgment.
Procedure: commencement, pleading,

pretrial, trial and execution.
COMMENCEMENT OF THE ACTION
Involves determining what kind of legal action to
take and the venue where the case will be
presented.
Complaint must be made within a specific time or

the right to complain may be lost forever.
PLEADING
Presentation of statement of facts of each party or
pleading to the court.
First pleading is generally known as a complaint or

petition.
Less serious crimes (misdemeanors) = complaints

More serious crimes (felonies) = indictments
PRETRIAL
Informal discussion between the judge and the
attorney to eliminate matters not in dispute, agree
on issues and settle procedural matters relating to
the trial.
Cases are often settled at this point.
TRIAL
Facts of the cases are determined, principles of law
relating to those facts are applied and a conclusion
as to liability is reached.
The judge determines the facts and applies the law.
“ SUBPOENA
A court summon served directing a witness to
appear and give testimony on the date and time
ordered.
SUBPOENA DUCES TECUM

Served to a witness requiring him to bring records,
papers and the like which may be in his possession
and which may help clarify the matter in issue.
“ TESTIMONY OF FACTS
As a witness, the nurse should face the judge or jury
and speak clearly, adequately, and intelligently. She
should testify only on what she knows based on facts.
TESTIMONY OF OPINION
May only be given by expert witnesses or one who
is qualified to testify based on special knowledge,
skill, experience, and training.
“ HEARSAY EVIDENCE
A repetition of what the witness has heard others say.
It is not admissible in court.
PRIVILEGED COMMUNICATIONS
Statements uttered in good faith. These are not
permitted to be divulged in a court of justice. (e.g.
communication between physician and patient)
“ EVIDENCE
May be established by records, documents, exhibits,
objects, etc. Testimony is one type of evidence.
ANTE-MORTEM STATEMENTS
Dying declarations; Considered hearsay evidence
except when made by a victim of a crime.
APPEALS
An appellate court reviews the case, and when the
case is decided by it, the final judgment results and
the matter is ended.
EXECUTION OF JUDGMENT
Generally, lawsuits against hospitals or physicians
and nurses involve recovery of money damages.
The defendant is compelled to execute the
judgment.
Failure to obey will be regarded as contempt of

court and will results in fine or imprisonment.
REFERENCES
Professional Nursing in the Philippines,

12th Ed., Ch. 12
LY D I A M . V E N ZO N , R N , M A N , P h D , F P C H A
R O N A L D M . V E N ZO N , R N , M A N

REPORT - Nursing Legal Aspects PDF

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LEGAL ASPECTS AND

· Signed special consent is necessary before any

· If he/she is incompetent or physically unable and is

· Parents, or someone standing in their behalf.

· Parental consent is not needed if the minor is

· Consent must be taken from the parents or legal

· No consent is necessary because inaction at

· If procedure is medically necessary (abruptio

· It is usually the medical records librarian, by virtue of a

· Document times equipment is requested to show that

· A nurse may be held liable for intentional

1.1. When he/she acts in defense of his/her person or rights

Penalty: reclusion perpetua to death

Penalty: prision mayor (6 years and 1 day to 12 years)

Validation of a will in court is known as probate.

Procedure: commencement, pleading,

Complaint must be made within a specific time or

First pleading is generally known as a complaint or

Less serious crimes (misdemeanors) = complaints

Cases are often settled at this point.

The judge determines the facts and applies the law.

SUBPOENA DUCES TECUM

Failure to obey will be regarded as contempt of

Professional Nursing in the Philippines,

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