Documente Academic
Documente Profesional
Documente Cultură
JURISPRUDENCE
NURSING JURISPRUDENCE
department of law which
comprise all legal rules and
principles affecting the practice
of nursing.
NURSING LEGISLATION
the making of laws, or the body
of laws already affecting the
practice of nursing.
LAW
a rule of civil conduct
prescribed by the supreme
power in a state commanding
what is right and prohibiting
what is wrong.
Sum total of rules and
regulations by which society is
governed
TYPES OF LAW
PRIVATE OR CIVIL LAW
body of law that deals with
relationship among private
individuals
PUBLIC LAW
body of law for the welfare of
the general public; relationship
between individuals and the
government and government
agencies
COURT
An agency in the government
wherein the administration of
justice is delegated.
LEGAL RIGHT
a claim which can be enforced
by legal means against a
person whose duty is to
respect it.
COURT MECHANISM
Purpose:
Enforce a right
Redress a wrong
QUESTION
If you think that a person has done
something seriously wrong to you, the
correct action to do get redress for the
injury received is to:
A. systematically plan on how to have a
vindication for the damage done
B. file a lawsuit against the person for
damage
C. hire someone to take revenge for you
D. nothing, just forget about it
PARTIES TO A CASE
Complainant VS Defendant:
Civil case
Plaintiff VS Accused: Criminal
case
Witness- an individual held upon
to give necessary details either
for the accused or against the
accused
QUESTION
A. Plaintiff
B. Respondent
C. Defendant
D. Accused
QUESTION
D. Force majeure
QUESTION
When a nurse causes an injury
to the patient and the injury
caused becomes the proof of
the negligent act, the presence
of the injury is said to exemplify
the principle of:
A. Force majeure
B. Respondeat superior
C. Res ipsa loquitur
D. Holdover doctrine
MALPRACTICE
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.
ELEMENTS OF
MALPRACTICE
What to do?
7. Nurse should read back such order to the
physician to make certain the order has
been correctly written.
8. Such order should be signed by the
physician within 24 hours.
9. The nurse should sign the physician’s
name per her own and note the time and
order was received.
QUESTION
A telephone order is given for a client in
your ward. What is your most appropriate
action?
A. Copy the order on to the chart and sign
the physician’s name as close to his
original signature as possible
B. Repeat the order back to the physician,
copy onto the order sheet and indicate that
it is a telephone order
C. Write the order in the client’s chart and
have the head nurse co-sign it
D. Tell the physician that you can not take
the order but you will call the nurse
supervisor
QUESTION
In an extreme situation and
when no other resident or intern
is available, should a nurse
receive telephone orders, the
order has to be correctly written
and signed by the physician
within:
A. 24 hours C. 48 hours
B. 36 hours D. 12 hours
INTENTIONAL WRONGS
TORTS: A legal wrong,
committed against a person or
property
TYPES:
1. Unintentional- do not require
intent but do require the element
of harm.
Ex. Negligence and malpractice
2. Intentional- the act was done
on purpose or with intent; no
harm, injury or damage is
needed to be liable.
2. FALSE IMPRISONMENT
- 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.
3. INVASION OF PRIVACY
Right to privacy is the right to be
left alone
Right to be free from unwarranted
publicity
Exposure to public view
TYPES:
Slander-oral defamation
Libel-written words
QUESTION
The nurse writes the following
note in the client’s chart, “the
physician is incompetent
because he ordered the wrong
drug dosage.” This statement
may lead to a charge of:
A. Assault
B. Slander
C. Libel
D. Invasion of privacy
QUESTION
Criminal Actions
Acts or offenses against public welfare
Misdemeanor- offenses or acts less
than a felony
Felony- a public offense committed with
deceit and fault
Criminal negligence
Reckless imprudence- person does an act
from which damage results immediately
Simple imprudence- did not use
precaution and the damage was not
immediate
CLASSIFICATION
1. Manner of commission:
Deceit (dolo) with criminal intent
Fault (culpa) without; negligence
2. Stages of Execution
1. Consummated all elements
executed, with
successful result
J-E-M-A-A
JUSTIFYING
SELF-DEFENSE
Unlawful aggression
Reasonable necessity
Lack of sufficient provocation
Fulfillment of Duty
Obedience to an order from
superior
Order must be lawful
Superior acting within the
scope of practice
EXEMPTING
Insane/imbecile
Performance of a lawful act causes
injury by mere accident
Under 9 y/o
Under compulsion of uncontrollable
force
Under impulse of uncontrollable
fear
Failure to perform an act required
by law when prevented by some
lawful cause
MITIGATING
Under 18y/o or over 70 y/o
Under 18y/o or over 70 y/o
No intention to commit so grave a
wrong
Sufficient provocation/threat
preceding the act
Immediate vindication of a grave
offense
Voluntary surrender
Deaf & dumb/ with physical defect
Suffer from such illness that
diminishes willpower
AGGRAVATING
Treachery/taking advantage of
superior strength or position
Price, reward, promise
Use of fire, poison, explosion
Calamities
Craft, fraud or disguise employed
Evident Premeditation
Cruelty
ALTERNATIVE
May increase/ decrease
criminal liability depending on
the nature and effects of the
crime
Relationship
Intoxication
Degree of instruction/
education
DRILLS
1. Under compulsion of
uncontrollable force
2. There is sufficient
provocation
3. Act is committed with abuse
of confidence
4. Fulfillment of a duty
5. Offender is over 70 years old
6. Voluntary surrender
7. Disguise in being employed
8. Defense of a stranger
9. Acts under the impulse of an
uncontrollable fear
10. Offender is insane
QUESTION
1. Rape:
a.) Ordinary rape – forcible penetration of
sex organ to a sex organ
b.) Sexual assault – anything forcibly
inserted to any orifice.
Intervention
Safety (emotional and physical)
Report the incidence
Referral (if the father is the rapist, refer to
DSWD)
ANTI- RAPE LAW (RA 8353)
4. PARRICIDE
Killing of a person to whom you have a
relationship
1. father
2. mother
3. brothers/sisters
4. ascendants
5. descendants
6. spouse
5. ABORTION- termination of product
of conception before the age of
viability.
6. INFANTICIDE
- the killing of an infant less than
three days or 72 hours.
7. ROBBERY
- Anyone who
gets the
personal
property of
another with the
use of
force,violence or
intimidation.
1. Patient Falls
do proper
assessment
appropriate
assistance
use protective
measures
document all
nursing
interventions
2. Medication errors
observe the rights of drug administration
Check dr’s order
Understand the medication you will administer
Consult drug handbook/ pharmacy
Not exempt from liability for following wrong dr’s
order
3. Equipment injuries
refuse to use a device you do not know how to
operate
report adverse events to superiors
monitor patient regularly
bring questionable orders to the attention
of the doctor or superior
DRILLS