Professional Documents
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NURSING JURISPRUDENCE
PCHS BSN IV
PCHS BSN IV
Refers to a negligent act committed in the course of professional performance TORT o DEFINITION: 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. TYPES: Unintentional- negligence and malpractice Intentional- willful act that violate another rights o Assault is the imminent threat of a harmful or offensive bodily contact. o Battery is an intentional, unconsented touching of another person o Defamation is when the person discusses another individual in terms that diminish reputation Libel Slander o Invasion of privacy is the violation of a persons right to be left alone o False imprisonment is the fringement of upon an individuals freedom of movement. CRIMES o DEFINITION: It is an act committed or omitted in violation of the law. ELEMENTS: Criminal act Criminal intent Conspiracy Exists when two or more persons agree to commit a felony and decide to do it. Criminal Liability Nurse may incur criminal liability or subject herself to criminal prosecution either by committing a felony or by performing an act which would be an offense against person or property. Ignorance of the law is not an excuse for failure to comply therewith. o Classification of criminally liable persons: Principal- takes a direct part in the execution of the act
PCHS BSN IV
Accomplice- cooperates in the execution of the offense by previous or simultaneous act. Accessory- has the knowledge of the commission of the crime without having participated. Points in order to avoid criminal liability: o Be very familiar with the Philippine nursing law. o Beware of laws that affecting nursing practice o At the start of employment, get a copy of your job description, the agencys rules, regulations and policies. o Upgrade you skills and competence o Accept only such responsibility that is within the scope of your employment and your job description. o Do not delegate your responsibilities to others. o Determine whether your subordinates are competent in the work you are assigning them. o Develop good interpersonal relationships with your co-workers, whether they be your supervisors, peers or subordinates. o Consult your superior for problems that maybe too big for you to handle. o Verify orders that are not clear to you or those that seem to be erroneous. o The doctors should be informed about the patients conditions o Keep in mind the values and necessity of keeping accurate and adequate records o Patients are entitled to an informed consent.
LEGAL SAFEGUARDS, WRITTEN CONSENT, INCIDENT REPORTS, CONTRACTS, NURSES AND WILLS
WRITTEN CONSENT o Consent of a patient or other recipient of services based on the principles of autonomy and privacy; this has become the requirement at the center of morally valid decision making in health care and research. o CRITERIAS: competence to understand and to decide, voluntary decision making disclosure of material information
PCHS BSN IV
recommendation of a plan comprehension of terms decision in favor of a plan, Authorization of the plan. A person gives informed consent only if all of these criteria are met. If all of the criteria are met except that the person rejects the plan, that person makes an informed refusal. INCIDENT REPORT o a document, usually confidential (protected from discovery by a plaintiff in a lawsuit), describing any accident or deviation from policies or orders involving a patient, employee, visitor, or student on the premises of a health care facility. o written document describing inadvertent trauma to a patient, errors or omissions in care, or untoward events happening to staff or visitors. Such a report should be filed as soon after the event as possible. CONTRACTS o Meeting of minds between two persons where they bird themselves to give something or to render some services. NURSES AND WILLS o An act whereby a person is permitted by law to control to a certain degree the disposition of his state, to take effect after his death. o By estate if it is meant the interest which a person has in lands but when personal properties are included- last will and testament. o Decedent is a person whose property is transmitted through succession whether he left will or not; if he left a will he is a TESTATOR. o Will must be written using dialect known and be witnessed by three persons. o Be made by a person 18 years old and is not prohibited by law. o Joint mutual wills are prohibited o Witnesses to wills should be: 18 years old sound mind not deaf or dumb able to read and write a domicile of the Philippines not convicted by falsification of public document not convicted of perjury
PCHS BSN IV