Professional Adjustment

Joel John A. Dela Merced, RN, CRN

NURSING JURISPRUDENCE

NURSING JURISPRUDENCE


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

NURSING LEGISLATION


the making of laws

PARTIES TO A CASE
  

Complainant VS Defendant Plaintiff VS Accused Witness

STATUTE OF LIMITATIONS
 Refers

to the length of time following the event during which the plaintiff may file a suit.

WRITTEN ORDERS OF COURT



WRITWRIT- legal notes from court



SUBPOENA  Duces tecum bring documents, objects, materials, chart to court  Ad testificandum testify as witness at a specified time and place SUMMONSUMMON- to appear in court to answer a complaint made against him.

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

Warrant of arrest Search warrant

PROFESSIONAL NEGLIGENCE


Negligence failure to do something which a reasonable & prudent person should have done. 2 types: 1. Commission 2. Omission

ELEMENTS OF PROFESSIONAL NEGLIGENCE



4DS Duty for nurse Dereliction Damages as result Direct result

DOCTRINES OF NEGLIGENCE
1. RES IPSA LOQUITOR - the things speak for itself 2. RESPONDEAT SUPERIOR - Let the master answer for the acts of the subordinate

3. FORCE MAJEURE - Irresistible force; unforeseen or inevitable event

INCOMPETENCE: INCOMPETENCE: lack of ability,

legal qualifications or fitness to discharge the required duty

ELEMENTS OF MALPRACTICE
Duty of the nurse Dereliction Direct result Damages Exceeds the limits of the standards of care Foreseability of harm

INTENTIONAL WRONGS


TORTS: A legal wrong, committed against a person or property TYPES: 1. Unintentional- do not require Unintentionalintent but do require the element of harm.

2. Intentional- the act was done on Intentionalpurpose or with intent

A. ASSAULT AND BATTERY ASSAULTASSAULT- an attempt or threat to touch another person unjustifiably; mental or physical threat

BATTERYBATTERY- physical harm through willful touching of person or clothing without consent.

2. FALSE IMPRISONMENT - Unjustifiable detention of a person without a legal warrant

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

PRIVILEGED COMMUNICATION

Exceptions: Confidential information can be revealed! Pt. consent, if there is Inform HCT for precautionary measures Crimes, child abuse, Communicable disease- R.A. disease3573 (Law on Notifiable Diseases) Ethics

4. DEFAMATION


Character assassination

TYPES:  Slander-oral defamation Slander

LibelLibel-written words

CRIMES & OTHER ACTS



CRIME: An act committed or omitted in violation of the law Two elements:

 

Criminal act Evil/criminal intent Acts or offenses against public welfare MisdemeanorMisdemeanor- offenses or acts less than a felony FelonyFelony- a public offense committed with deceit and fault

Criminal Actions
 

CLASSIFICATION 1. Manner of commission:  Deceit (dolo) with criminal (dolo) intent  Fault (culpa) without; negligence

2. Stages of Execution
1. Consummated all elements executed, with successful result

2. Frustrated

all elements executed but no successful result not all elements executed, no successful result

3. Attempted

With intent to kill a four year old boy under her care, a nanny prepared a bowl of cereals and laced with poison sufficient, if substantial amount is taken to kill the boy.

3. Degree of penalty and fine grave

Less grave
Light felony Capital punishment or >6yrs & 1 day 1 month and 1 day to 6 years above P6k

not > P 6 K but not <P200 fine not > P 200

1 day to 30 days

4. Degree of participation
a. By direct participation- doer of participationPRINCIPAL the act Primary author b. By inducement-directly force or inducementinduce others c. By cooperation- indispensable cooperation-

factACCOMPLICE cooperates before the factA person who absent at the time crime is committed. cooperates

ACCESSORY

cooperates after the fact Profits Conceals/ destroys evidence Assists in the escape of the principal

Ms. A is four months pregnant and her boyfriend Mr. B decided that she must have an abortion. Mr. B sought the help of Mr. C who brought Mr. B (and Ms. A) to Mrs. D, an abortionist. After Mr. B paid the price he demanded, Mrs. D performed the abortion on Ms. A (although without Ms. As consent). After the fetus was expelled, Mr. E, a helper of Mrs. D, buried it to prevent the discovery of the crime.

Circumstances affecting criminal liability J-E-M-A-A

JUSTIFYING
    

SelfSelf-defense Defense of relatives Defense of strangers Avoidance of great evil or injury Fulfillment of duty, or lawful exercise of right or office Obedience to a lawful order

EXEMPTING


Imbecility or insanity Being 9 y/o or less of age Being over 9 y/o and under 15 y/o Accident Irresistible force Uncontrollable fear

MITIGATING


Incomplete justifying or exempting circumstances Being under 18 or over 70 y/o No intention to commit so grave a wrong Provocation or threat Vindication of a grave offense Passion or obfuscation

 

MITIGATING


Surrender or confession of guilt Physical defect Illness of the offender Similar and analogous circumstances

AGGRAVATING
       

Taking advantage of public position Contempt or insult to public authorities Disregard of rank, age or sex Dwelling of the offended party Abuse of confidence Palace of the chief executive In the presence of the chief executive Where public authorities are engaged in the discharge of their duties

   

   

Place dedicated to religious worship Nighttime Uninhabited place By a band On the occasion of calamities or misfortune With the aid of armed men Recidivism Habituality Price, reward or promise

         

Inundation, fire, poison, explosion Evident premeditation Craft, fraud or disguise Superior strength Means to weaken defense Treachery Ignominy Unlawful entry Breaking of wall With aid of minors or by means of motor vehicles 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

CRIMES CONCERNING THE NURSE

MORAL TURPITUDE


Are acts contrary to the accepted and customary rule of right

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 Report the incidence Referral

ANTIANTI- RAPE LAW (RA 8353)

R.A. 7877 Anti-sexual Harassment Act

2.MURDER2.MURDER- killing of another with intent 3. HOMICIDE- unintentional killing of another HOMICIDEperson 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 ABORTIONof 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. 8. THEFT- -anyone who gets the THEFTpersonal property of another without the latters permission.

9. SIMULATION OF BIRTH
1. Pretend that a woman gave birth 2. Substitution or exchanging of babies in the nursery 3. Intentionally putting wrong information in the birth registration form
P.D. 651 Birth Registration Act

THE HUMAN BODY

It takes your food seven seconds to get from your mouth to your stomach. One human hair can support 3 kg (6.6 lb). The average man's penis is three times the length of his thumb. Human thighbones are stronger than concrete. A woman's heart beats faster than a man's. There are about one trillion bacteria on each of your feet. Women blink twice as often as men. The average person's skin weighs twice as much as the brain. Your body uses 300 muscles to balance itself when you are standing still. If saliva cannot dissolve something, you cannot taste it. Women reading this will be finished now. Men are still busy checking their thumbs.

The End Thank you!!!!