Report - Nursing Legal Aspects Pdf 4zb1p

LEGAL ASPECTS AND THE NURSE 2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES

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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

2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES

PROFESSIONAL NEGLIGENCE 2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES

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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. 2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES

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ARTICLE 19 OF THE CIVIL CODE

One shall act with justice, give every man his due, observe honesty and good faith.


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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.


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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.


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INCIDENT REPORTS

Clarifies cause and preventive actions, and are used for medico-legal purposes.


SPECIFIC EXAMPLES OF NEGLIGENCE 2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES

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. 2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES

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. · istration of medicine without a doctor’s prescription.


THE DOCTRINE OF RES IPSA LOQUITUR 2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES

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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. 2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES

MALPRACTICE 2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES

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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.


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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 2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES

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FORCE MAJEURE

An irresistible force, one that is unforeseen or inevitable.


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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 2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES

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RESPONDEAT SUPERIOR

Let the master answer for the acts of the subordinate.


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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.


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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. 2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES

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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 ED 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. ED 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. 2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES

II. NURSES SHOULD BE ABLE TO ADVOCATE FOR THEMSELVES AND THE PROFESSION With regard to [Art. VI (ed Nurses and the Profession)]: a. Their working conditions - the istration of the agency must provide for safe working conditions; b. Their contributions to the improvement of the socioeconomic 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. 2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES

MEDICAL ORDERS, DRUGS, AND MEDICATIONS 2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES

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Only validly ed 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


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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 2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES

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In the istration of intravenous injections, special training shall be required according to protocol established. PHILIPP INE NURSING ACT OF 1991, SECTION 28


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Any ed nurse without such training and who isters intravenous injections to patients, shall be held liable, either criminally under Sec. 30, Art. VII of said law or istratively 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, istration, monitoring, and termination of IV solution such as additives, IV meds, and IV push; · istration of blood/blood products as ordered by physicians. 2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES

SCOPE OF DUTIES AND RESPONSIBILITIES OF NURSING IN IV THERAPY: · 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; 2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES

SCOPE OF DUTIES AND RESPONSIBILITIES OF NURSING IN IV THERAPY: · 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, istration, and termination of all forms of IV therapy. 2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES

TELEPHONE ORDERS 2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES

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 2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES

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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 ission. · Initial consent is usually for diagnostic procedures and initial treatment deemed necessary by the medical staff. 2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES

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. 2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES

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.


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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 2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES

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.


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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. 2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES

LEGAL RISKS FOR DEFECTIVE EQUIPMENT 2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES

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. 2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES

INTENTIONAL WRONGS 2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES

NURSE’S RESPONSIBILITIES · A nurse may be held liable for intentional wrongs. Intentional tortuous acts may arise in the performance of her duties.


TORTS 2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES

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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 2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES

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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.


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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.


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CRIMINAL ACTIONS Deal with acts or offenses against public welfare. These may vary from minor offenses and misdemeanors to felonies.


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CRIMINAL NEGLIGENCE

May be classified into reckless imprudence and simple imprudence.


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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.


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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.


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CONSUMMATED FELONY When all the elements necessary for its execution and accomplishment are present.


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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.


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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.


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CLASSES OF FELONIES Felonies are also classified according to the degree of punishment attached to the felony whether grave, less grave, or light felony.


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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).


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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).


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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 2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES

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. 2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES

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. 2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES

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. 2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES

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. 2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES

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. 2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES

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 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; 2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES

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. 2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES

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. 2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES

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


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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.


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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.


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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.


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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.


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INFANTICIDE The killing of a child less than three (3) days of age.


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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


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ROBBERY The taking of personal property of another person from him or in his presence.


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CONTROLLED SUBSTANCES RA 6425 or the Dangerous Drugs Act of 1972 covers the istration and regulation of the manufacture, distribution, and dispensing of controlled drugs. Penalty: Medical professionals may have licenses revoked + imposed fine and/or imprisonment


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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 2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES

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 asg 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. 2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES

· 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 2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES

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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 isters the provision of the will is known as the .


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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.


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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.


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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.


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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 incharge 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. 2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES

· 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. 2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES

· 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 2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES

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


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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 2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES

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TRIAL

Judicial procedure to ascertain facts by hearing evidence, determine relevant facts, apply appropriate principle of law and 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 2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES

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.


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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. 2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES

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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. 2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES

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HEARSAY EVIDENCE

A repetition of what the witness has heard others say. It is not issible 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)


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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. 2018 · PROFESSIONAL NURSING IN THE PHILIPPINES: LEGAL ASPECTS AND THE NURSE BY DENISE FREDELUCES

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


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