Professional Documents
Culture Documents
Jursiprudence
Ailyn B. Pineda
Lecturer
LEGAL CONCEPTS
AND ISSUES IN
NURSING
RESPONSIBILITY AND
ACCOUNTABILITY FOR THE
PRACTICE OF PROFESSIONAL
NURSING
Nurses employed in an agency, institution
or hospital are directly responsible to their
immediate supervisors. Private duty
nurses, being independent practitioners,
are held to a standard of conduct that is
expected of reasonable prudent nurse
WHAT IS LIABILITY?
Isan obligation or debt that can
be enforced by law. A person who
is liable for malpractice is usually
required to pay for damages.
Damages refer to compensation
in money recoverable for a loss of
damage.
PROFESSIONAL NEGLIGENCE
“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 to, and acting or the
non-acting of which is the
proximate cause of injury to
another person to his property.
ELEMENTS OF PROFESSIONAL
NEGLIGENCE
1. Existence of a duty on the part of the
person charged to use due care under
circumstances
2. Failure to meet the standard of due care
3. The foreseeability of harm resulting from
failure to meet the standard
4. The fact that the breach of this standard
resulted in an injury to the plaintiff
6. Errors due to family assistance
7. Administration of medicine
without a doctor’s prescription
THE DOCTRINE OF RES IPSA
LOQUITUR
“The thing speaks for itself”
When the harm that resulted
from negligence and the
responsibility for the harm are
clear that anyone would agree
on it, the term res ipsa loquitur
is used
SPECIFIC EXAMPLES OF
NEGLIGENCE
1. Failure to report observations to attending
Physicians
2. Failure to exercise the degree of diligence
which the circumstances of the particular case
demands
3. Mistaken Identity
4. Wrong medicine, wrong concentration, wrong
route, wrong dose
5. Defects in the equipment such as stretchers
and wheelchairs may lead to falls thus injuring
the patients
CONDITIONS THAT ARE NECESSARY
FOR THE APPLICATION OF THE
DOCTRINE:
1. The accident must be a kind which ordinarily
does not occur in the absence
of someone’s negligence
2. The accident must be caused by an agency
or instrumentality within the exclusive control
of the defendant
3. The accident must not have been due to any
voluntary action or contribution on the part of
the plaintiff (injured party)
MALPRACTICE
Impliesthe idea of improper or unskillful
care of a patient by a nurse. It also
denotes stepping beyond one’s authority
with serious consequences
EXAMPLES OF MALPRACTICE:
Misdiagnosis of an illness, failure to
diagnose or relay diagnosis
Birth Injuries
Surgical Complications
Prescription errors
Failure to provide treatment
Anesthesia related complications
Failure to follow advance directive
Failure of hospital or pharmacy to
dispense the right medicine, dosage
DOCTRINE OF FORCE MAJEURE
It is an irresistible or superior force, one
that cannot be foreseen or prevented; a
fortuitous event, and “act of God”. No
person shall be held liable for
nonperformance of what was expected of
him/her if the cause of the
nonperformance was a force majeure (e.g.
devastating typhoons, earthquakes
and other calamities)
DOCTRINE OF
RESPONDEAT SUPERIOR
Means “let the superior answer; let
the principal answer for the acts of his agent”
The doctrine is founded on the principle that he
who expects to derive advantage from an act
which is done by another for him must answer for
any injury which a third person may sustain from
it. The doctrine rests upon the proposition that, in
doing the acts out of which the accident arose,
the servant was representing the master at the
time
EXAMPLES:
The hospital will be held liable, if, in
an effort to cut down on expenses it
decides to hire underboard nurses or
midwives in place of professional
nurses, and these persons prove to be
incompetent
The surgeon will be held responsible
in case a laparotomy pack is left in a
patient’s abdomen
INCOMPETENCE
Is the lack of ability, legal qualifications or
fitness to discharge the required duty
Although a nurse is registered, if in the
performance of her duty she manifests
incompetency, there is ground for
revocation or suspension of her certificate
of registration
LIABILITY OF NURSES FOR
THE WORK OF NURSING
AIDES
Nursing aides perform selected nursing
activities under the direct supervision of
nurses. They usually given on-job-training
by the Training staff. Their responsibilities
usually pertains to the routine care of
chronically ill patients. They are therefore
responsible for their own actions.
LIABILITY FOR THE WORK
OF NURSING STUDENTS
Under the Philippine Nursing
Act of 2002 R.A. 9173, nursing
students do not perform
professional nursing duties.
They are to be supervised by
their clinical instructors.
GUIDELINES TO AVOID
MISTAKES OF NURSING
1.
STUDENTS
Nursing students should always be under the
supervision of their clinical instructors
2. They should be given assignments that are at
their level of training , experience, and
competency
3. They should be advised to seek guidance
especially if they are performing procedure for
the first time
4. They should be oriented to the policies of the
nursing unit where they are assigned
5. Their performance should be assessed
frequently to determine their
strengths and weaknesses
6. Frequent conferences with the
students will reveal their problems
which they may want to bring to the
attention of their instructors or vice-
versa. Discussion of these problems
will iron out doubts and possible
solutions may be provided.
LEGAL DEFENSE IN
NEGLIGENCE
The most common defense in a negligent
action is when nurses know and attain
that standard of care in giving service and
that they have documented the care they
give in a concise and accurate manner
If the patient’s careless conduct
contributes to his own injury, the patient
cannot bring suit against the nurse.
MEDICAL ORDERS, DRUGS,
AND MEDICATIONS
R.A. 6675 states that only validly registered medical,
dental, and veterinary practitioners, whether in
private institution/corporation or in the government,
are authorized to prescribe drugs.
In accordance with R.A. 5921, or the pharmacy Act as
amended, all prescriptions must contain the following
information: name of the prescriber, office address,
professional registration number, professional tax
receipt number, patient’s/client’s name, age, and sex,
and date of prescription. R.A. 6675 requires that the
drugs be written in their generic names.
IV Therapy and Legal Implications
Philippine Nursing Act of 1991 Section 28
states that in the administration of
intravenous injection, special training
shall be required according to protocol
established
Board of Nursing Resolution No. 8
states that 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 (whether causing or not an
injury or death to the patient)
SCOPE OF DUTIES AND
RESPONSIBLITIES IN IV THERAPY
1. Interpretation of the doctor’s orders for IV
therapy
2. Performance of venipuncture, insertion of
needles, cannulas except TPN and cutdown
3. Preparation, administration, monitoring
and termination of intravenous solutions
such as additives, intravenous medications,
and intravenous push
4. Administration of blood/blood products as
ordered by the physicians
5. Recognition of solutions and medicine
incompatibilities
6. Maintenance and replacement of sites,
tubings, dressings, in accordance with
established procedures
7. Establishment of flow rates of solutions,
medicines, blood and blood components
8. Utilization of thorough knowledge and
proficient technical ability in the use/care,
maintenance, and evaluation of
intravenous equipment
9. Nursing management of total
parenteral nutrition, out-patient
intravenous care
10. Maintenance of established
infection control and aseptic
nursing interventions
11. Maintenance of appropriate
documentation, associated with
the preparation, administration
and termination of all forms of
intravenous therapy.
Telephone Orders
Doctors should limit telephone orders to extreme emergency
where there is no alternative. The use of telephone in a non
emergency as a substitute for the physician himself can lead to
serious error and may border on malpractice.
Nurse should read back such order to the physician to make
certain the order has been correctly written.
Such order should be signed by the physician within 24 hours
The nurse should sign the physician’s name per her own and
note the time and order was received
CONSENT TO
MEDICAL AND
SURGICAL
PROCEDURE
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- an authorization by the
patient or a person authorized by the law to
give the consent on the patient’s behalf.
Informed Consent-A 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
The nurse’s responsibility in
witnessing the giving of
informed consent involves:
(1) witnessing the exchange b/w
the client and the physician (2)
witnessing the client affix his
signature (3) establishing that
the client really understood.
ESSENTIAL ELEMENTS OF
INFORMED CONSENT:
1. The diagnosis and explanation of the condition
2. A fair explanation of the procedures to be done
and used and the consequences
3. A description of alternative treatments or
procedures
4. A description of the benefits to be expected
5. Material rights if any
6. The prognosis, the recommended care,
procedure is refused
WHO MUST
CONSENT?
Patient must consent in his own
behalf
If he is incompetent, or physically
unable, and is not in emergency
case, consent must be taken from
another who is authorized to give it
CONSENT
OF MINORS
Parents or someone standing in
their behalf, gives the consent to
medical or surgical treatment of a
minor. Parental consent is not
needed if the patient is married or
emancipated
CONSENT OF
MENTALY ILL
A mentally incompetent person
cannot legally consent to medical
or surgical treatment. The consent
must be taken from parents or
legal guardian
MENTAL COMPETENCY
All
patients are presumed to
be competent unless declared
incompetent by a court of law.
Supporting documentation of the
patient’s behaviors, speech, decision
making and physical and mental
status are very useful in establishing
his/her mental competency
EMERGENCY
SITUATION
No consent is necessary because
inaction at such time may cause
greater injury. If time is available
and an informed consent is
possible, it is best that this be
taken to protect all the parties
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 or health if he fails
CONSENT FOR
STERILIZATION
Sterilization is the termination of
the ability to produce offsprings.
The husband and the wife must
consent to the procedure if the
operation is primarily to accomplish
sterilization. If emergency cases like
ectopic pregnancy and abruptio
MEDICAL RECORDS
Was created as a means of
communication among health care
practitioners. Today medical records
serve two important functions: to provide
legal documentation, and obtain third
party payments (e.g. Medicare) They are
good evidence in legal suits but are not
admissible evidence against the patient.
“ If information is not charted, it was not
done or observed”
CHARTING DONE BY
NURSING
STUDENTS
LEGAL RISKS FOR
SAFETY EQUIPMENT
The nurse should exercise
reasonable care in selecting
equipment to be used in patients.
Generally, a nurse is not liable for a
non-observable and non-
discoverable defect in the
WHAT IS A CONTRACT?
Is
a meeting of minds between two
persons where they bind themselves
to give something or to render some
services. Practically anything could
be subjected to a contract as long as
these are not contrary to law, morals,
good customs, public order and
public policy.
Kinds of Contracts
Formal Contracts- refers to an agreement
b/w parties and is required to be in writing.
E.g. marriage contracts
Informal Contracts- one in which concluded
as the result of a written document where the
law does not require the same to be in writing.
Express Contracts- The one in which the
conditions and terms of contract are given
orally or in writing by the parties concerned.
E.g. PDN under the doctrine of “facio ut des”
means I do that you may give.
Implied Contracts- one that is concluded
as a result of acts of conduct of the parties
to which the law ascribes an objective
intentions to enter into a contract.
Void contracts- one that is inexistent
from the very beginning and therefore
may not be enforced.
Illegal contracts- one that is expressly
prohibited by law
Illegal Contracts
Those that are made in protection of
the law
Consent obtained by fraud
Those obtained under duress
Those obtained under undue influence
Those obtained through material
misrepresentation
INTENTIONA
L WRONGS
A nurse may be held liable for
intentional wrongs
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. A person who has been
wronged seeks compensation for
the injury or wrong he has
suffered from the wrong doer.
EXAMPLES OF TORT:
ASSAULT AND BATTERY. Assault is a
unjustifiable attempt to touch another
person or even the threat of doing so
while Battery is the actual carrying out
of the threatened physical contact
DEFAMATION of character occurs where
a person discusses another individual
in terms that diminish reputation. Libel
is written defamation. Slander is oral
Defamation
FALSE IMPRISONMENT
J-E-M-A-A
Circumstances affecting Criminal
Liability
Justifying
Circumstances
SELF-DEFENSE
These are the defenses in
which the accused is
deemed to have acted in
accordance with the law
and therefore the act is
lawful. Since the act is
lawful, it follows that there
is no criminal, no criminal
liability and no civil liability
Justifying Circumstances
A person may not incur criminal liability under the following
circumstance:
There is no mens rea or criminal intent
The circumstances pertain to the act and not to the actor. Hence all
who participated in the act will be benefited. Thus if the principal is
acquitted there will be no accomplices and accessories.
These apply only to intentional felonies, not to acts by omissions or
to culpable felonies or to violations of special laws
When he acts in defense of his rights
When he acts in defense of his relatives rights
When he acts in defense of a strangers rights and that the person
defending is not induced by revenge or evil motives.
When any person who, in order to avoid an injury does an act which
causes damage to another provided that an evil sought to be
avoided actually exists.
When he acts in the fulfillment of a duty or in lawful exercise of a
right or office.
Circumstances affecting Criminal
Liability
ExemptingCircumstanc
es