PROF AD DAY 1

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NURSING

JURISPRUDENCE


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NURSING JURISPRUDENCE

department of law whichcomprise all legal rules andprinciples affecting the practiceof nursing.

NURSING LEGISLATION

the making of laws, or the bodyof laws already affecting thepractice of nursing.


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LAW

a rule of civil conductprescribed by the supremepower in a state commanding

what is right and prohibitingwhat is wrong.

Sum total of rules and

regulations by which society isgoverned


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TYPES OF LAW

PRIVATE OR CIVIL LAWbody of law that deals withrelationship among private

individuals PUBLIC LAW

body of law for the welfare of thegeneral public; relationshipbetween individuals and thegovernment and governmentagencies


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LEGAL RIGHT

a claim which can be enforced

by legal means against aperson whose duty is to respectit.

COURT

An agency in the governmentwherein the administration ofjustice is delegated.


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COURT MECHANISM

LAWSUIT- proceeding in courtfor a purpose.

Purpose:

Enforce a right

Redress a wrong


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QUESTION

If you think that a person has donesomething seriously wrong to you, thecorrect 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


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PARTIES TO A CASE

Complainant VS Defendant:Civil case

Plaintiff VS Accused: Criminalcase

Witness- an individual held upon

to give necessary details eitherfor the accused or against theaccused


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The person who institutes legalproceeding is called:

A. Plaintiff

B. Respondent

C. DefendantD. Accused

QUESTION


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QUESTION

It is promulgated for thecommon good by one who haslegitimate authority:

A. Jurisprudence

B. Dilemma

C. LawD. Ethics


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QUESTION

A hospital filed a case ofdamages against a nurse forbreach of contract. Who is the

nurse in the case?

A. complainant

B. accused

C. defendant

D. plaintiff


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STATUTE OF LIMITATIONS

Refers to the length of timefollowing the event during whichthe plaintiff may file a suit.

Example:

negligence- filed within 2-3years from occurrence.


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DUE PROCESS

A fair and orderly process which aimsto protect and enforce a persons

right.

FUNDAMENTAL REQUIREMENTS

OF DUE PROCESS:1. Right to be informed

2. Right to remain silent

3. Right to competent counsel4. No use of violence, threat, torture

5. Right to know the witness face toface


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PHASES OF DUE PROCESS

PRE-TRIAL- eliminate mattersnot in dispute, agree on issues

or settle procedural matters.

TRIAL-facts are presented and

determined; law applied at theend.


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WRITTEN ORDERS OFCOURT

WRIT- legal notes from court

SUBPOENA- an order in court

Duces tecum (papers) bring

documents, objects, materials, chartto court

Ad testificandum (person) testify aswitness at a specified time and place

SUMMON- a writ commanding anauthorized person to notify a party toappear in court to answer a complaintmade against him.


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WARRANT- a writing from a

competent authority in pursuance oflaw, directing the doing of an actaddressed to a person competent to

do it

Warrant of arrest-a court order toarrest or detain a person

Search warrant- a court order tosearch for properties


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WITNESS

person giving necessary details


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Nurses as witness:

Could not divulge PRIVILEGEDCOMMUNICATION in a civil case-means that the nurse is incompetentto testify on the communicationsmade to him by the patients, all the

device given and all the informationgathered by observation during theseal of secrecy.

Exceptions:1. criminal case

2. with the patients consent3. patient sued doctor for damages


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Testimonies of Facts- factualinformation

no opinion unless an expertwitness

PERJURY- is the willful telling ofa lie under oath.


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HEARSAY EVIDENCE-rumors,not admissible in evidence

DYING DECLARATION orANTE MORTEMSTATEMENTS-consideredhearsay unless the dying person

is a victim of a crime.


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APPEALS- review of the case

by appellate court and whendecided by it, the final judgmentresults and matter is ended.

EXECUTION OF JUDGMENT

Failure to comply meanscontempt of court


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FELONIES

acts or omissions punishable bylaw.

Elements:1. Deceit-( dolo)

2. Fault-(culpa) - due toimprudence, negligence or lack offoresight/ skill


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Q: A crime can be committedwith the element of culpa if:

A. the person committed thecrime because of ignorance ofthe law

B. the person knows the actionis a crime and he chooses to doit

C. the person committed thecrime because he lacked thecompetency to act correctly


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Stages of felonies

1. Consummated all elementsexecuted, withsuccessful result

2. Frustrated all elementsexecuted but no

successful result3. Attempted not all elements

executed, nosuccessful result


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Degree of Feloniesdegree penalty fine

grave Capitalpunishment or

>6yrs & 1 day

above P6k

Less grave 1 month and 1day to 6 years

not > P 6 Kbut not

P 200


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Q: If the penalty is the deathpenalty, what is the degree of

the felony?

A. grave

B. less grave C. light felony


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Q: If the fine is exactly P200.,what is the degree?

A. grave

B. less grave C. light felony

CLASSIFICATION OF PERSONS


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CLASSIFICATION OF PERSONSCRIMINALLY LIABLE:

1. PRINCIPAL

a. By direct

participation-doer of theact


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b. By inducement-directly forceor induce others

c. By cooperation-indispensable


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2. ACCOMPLICE

-a person who cooperates

accessory before the fact-absent at the time crime iscommitted.


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3. ACCESSORY

accessory after the fact

a. Profits

b. Conceals/ destroys evidencec. Assists in the escape of the

principal


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Situation: Danaya is two-months pregnant. Her parentsdo not know this. Danaya

informed her friend Alenaabout the problem. Alenareferred Danaya to Pirena , an

abortionist. Danaya had anabortion.


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If those involved will becharged legally, who isconsidered as the principal?

a. Danaya b.Alena

c. Pirena d. None ofthem


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Who is considered as anaccomplice?

a. Danaya b.Alena

c. Pirena d. None ofthem


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If during the investigation, thepieces of evidence were notfound because Gurna the

maid of Pirena burned it.Gurna is consider as:

a. accomplice b.

accessoryc. principal d. co-principal


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A nurse is liable as anaccomplice in an abortion ifshe:

a. Assist in the escape of theoffender

b. Refers the pregnant mother to the

abortionistc. Conceals the evidence of the

crime

d. None of these


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Circumstances

affecting criminalliability

J-E-M-A-A


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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 ofpractice


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EXEMPTING Insane/imbecile

Performance of a lawful act causesinjury by mere accident

Under 9 y/o

Under compulsion of uncontrollable

force

Under impulse of uncontrollable fear

Failure to perform an act required by lawwhen prevented by some lawful cause


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MITIGATING 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


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G Treachery/taking advantage ofsuperior strength or position Price, reward, promise

Use of fire, poison, explosion

Calamities

Craft, fraud or disguiseemployed

Evident Premeditation

Cruelty


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E May increase/ decreasecriminal liability depending onthe nature and effects of the

crime

Relationship

IntoxicationDegree of instruction/

education


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DRILLS

1. Under compulsion ofuncontrollable force

2. There is sufficientprovocation

3. Act is committed with abuseof confidence

4. Fulfillment of a duty

5. Offender is over 70 years old


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6. Voluntary surrender

7. Disguise be employed

8. Defense of a stranger9. Acts under the impulse of an

uncontrollable fear

10. Offender is insane


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Q: Premeditating to commit acrime is considered as:

A. justifying

B. mitigating C. aggravating

D. exempting


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Q: When the defendant killssomeone accidentally:

A. justifying

B. exempting C. aggravating

D. mitigating


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QUESTION

A process whereby the BON onlycompel the personal attendance of awitness to bring with him to the court

books, papers and the like toelucidate the matters in issue:

A. Warrant

B. Subpoena

C. Subpoena duces tecum

D. Summons

LAWS THAT PROMOTE THE


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LAWS THAT PROMOTE THEWELFARE AND WELL-BElNGOF NURSES

P.D. 442- Labor Code

Defines among other things, hours ofwork, contract and nurse staffing in

industrial clinics

P.D. 807-Civil Service Law

Provide for the recruitment and

selection of employees in governmentservice; qualification standards;personnel evaluation system; andpersonnel discipline


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R.A. 7305- Magna Carta for PublicHealth Workers

Has provisions on benefits, rights andresponsibilities of public healthworkers

R.A. 8344 No Deposit Policy

Prohibits hospitals and clinics fromdemanding advance payments/cashdeposits before patients are admitted

or treated


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LEGAL CONCEPTS AND


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LEGAL CONCEPTS ANDISSUES IN NURSING

LIABILITY: is an obligation or debtthat can be enforced by law

A person who is liable for malpractice

is usually required to pay fordamages.

DAMAGES: refer to compensation inmoney recoverable for a loss of

damage

PROFESSIONAL


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PROFESSIONALNEGLIGENCE

Negligence failure to dosomething which a reasonable &prudent person should have

done. 2 types:

1. Commission wrong doing

2. Omission total neglect ofcaredidnt do anything

ELEMENTS OF


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ELEMENTS OFNEGLIGENCE

4DS

Duty for nurse

Dereliction (breach of duty)Damages as result

Direct result (injury, harm or

death)


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OR

An injury incurred within the

Breadth of duty of the nursewhere

Cause of injury is the failure toperform the

Duty!


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SPECIFIC EXAMPLES

Burns resulting from hot water bags, heatlamps, vaporizers, sitz bath

Objects left inside the patients body;sponges suction tips

Falls of the elderly, confused, unconscious,sedated patients

Falls of children whose bed rails were notpulled up and locked

Mistaken identity- drug given to the wrongpatient

Wrong medicine, wrong concentration,wrong route, wrong dose

Defects in the equipment


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QUESTION

Which of the following situations would

possibly cause a nurse to be sued due tonegligence?A. Nurse gave a client wrong medication,and an hour later, client complained ofdyspnea

B. While preparing a medication, the nursenotices that instead of 1 tablet, she put twotablets into the clients medicine cup

C. As the nurse was about to administermedication, the client questioned why the

medication is still given when in fact thephysician discontinued it.D. Nurse administered 2 tablets ofanalgesic instead of 1 tablet as prescribed.Patient noticed the error and complained.


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QUESTION Wilfred, 30 years old male, was brought to the

hospital due to injuries sustained from avehicular accident. While being transported tothe X-ray department, the straps accidentallybroke and the client fell to the floor hitting tohis head. In this situation, the nurse is:

A. not responsible because of the doctrine ofrespondent superior

B. free from any negligence that caused harmto pt.

C. liable along with the employer for the use ofa defective equipment that harms the client

D. totally responsible for the negligence


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QUESTION

Which of the following statements if made bythe nurse, would you consider him/her as aprudent nurse?

A. careful giving of medication in a central

line

B. very cautiously asks supervision all thetime

C. follows the doctors order even when she

thinks it is wrong

D. questions wrong order of the doctor


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QUESTION

Which of the following actions by anurse would be considerednegligence?A. Playing cards with an 8 y/o boy

with diabetesB. Instructing a 6 y/o asthmatic toblow on a pin wheelC. Massaging the abdomen of a 5

y/o with Wilms tumorD. Obtaining a blood test on a 6 dayold infant


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QUESTION

A nurse may be found negligent if:

1. a patient is injured

2. the nurse did not follow the

standard3. failure to do the duty

4. the injury incurred by the pt. is

foreseeableA. 1,2,3 C. 1,2,4

B. All of the above D. 2,3,4


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QUESTION

Monica shared with the interviewerher most recent experiences about arestless pediatric patient whom sheputs up the side rails of the bed to

prevent accidental falls. Which of thefollowing attributes is shown byMonica?A. ResourcefulnessB. PrudenceC. HonestyD. Reliability

DOCTRINES OF


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DOCTRINES OFNEGLIGENCE

1. RES IPSA LOQUITOR- the things speak for itself

- the injury is enough proof of

negligence2. RESPONDEAT SUPERIOR

- Let the master answer for the actsof the subordinate

- The liability is expanded toinclude the master as well as theemployee


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3. FORCE MAJEURE

- Irresistible force; unforeseen orinevitable event

- No person shall be responsible forthose events which cannot be

foreseenEx. Flood, fire, earthquake

INCOMPETENCE: lack of ability,legal qualifications or fitness todischarge the required duty


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QUESTION

One of the important conditionsthat must be present in a negligentact to be considered as forcemajeure is:

A. The nurse is unable to predict thepossible occurrence of the actionhence, she cant prevent it

B. The injury is within the domain ofnursing practice

C. The patient did not voluntarilyparticipate in the actionD. The superior is also accountable for

the action


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QUESTION

When a staff nurse gives the wrongmedication to her patient, the headnurse and supervisor are also

made responsible for the error.This is based on what doctrine?

A. Respondent superior

B. Good Samaritan Act

C. Res ipsa loquitur

D. Force majeure


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QUESTION

When a nurse causes an injuryto the patient and the injurycaused becomes the proof ofthe negligent act, the presence

of the injury is said to exemplifythe principle of:A. Force majeure

B. Respondeat superiorC. Res ipsa loquitur

D. Holdover doctrine

MALPRACTICE


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MALPRACTICE

Doing acts or conducts that are notauthorized or licensed or competentor skilled to perform, resulting toinjuries or non-injurious

consequences Stepping beyond ones authority

Negligent act committed in thecourse of professional performance

RN exceeding the scope of nursingpractice & does an MDs job.

ELEMENTS OF


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ELEMENTS OFMALPRACTICE

Duty of the nurse

Dereliction or breach of duty

Direct result (injury or harm)

Damages

Exceeds the limits of thestandards of care

Foreseability of harm

MEDICATIONS &


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MEDICATIONS &PRESCRIPTIONS

1. Only registered medical, dental andveterinary practitioners areauthorized to prescribe drugs.

2. Prescription information (based on

R.A. 5921 of the Pharmacy Act)- allprescriptions must contain thefollowing information: Name of MD, PTR, PRC#, location of

clinic/ hospital

Name of patient, age, sex Information about drug frequency

duration Generic & brand name in prescription

R A 6675 G i A t f 1988


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R.A. 6675- Generics Act of 1988 All prescribed drug must be written in generic and

brand names or generic name but never thebrand name alone

Purpose: for the pt. to choose what brand theywant

3. Know rights in giving meds

4. Proper identification of pts name5. In cases of doubts and errors in medication,

refer to the physician.

6. Special training is required before a nurse

can administer IV injection.BON Resolution No. 8 states that whoadministers IV injection without training shallbe held liable whether causing or not aninjury or death to the patient)

7 Verbal or telephone order


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7. Verbal or telephone order

General rule:as possible avoid T.O.

whatever is not written is not an order

Exception:During extreme emergency only!

What to do?

1. Nurse should read back such order to thephysician to make certain the order hasbeen correctly written.

2. Such order should be signed by thephysician within 24 hours.

3. The nurse should sign the physiciansname per her own and note the time andorder was received.


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QUESTION

A telephone order is given for a client in

your ward. What is your most appropriateaction?

A. Copy the order on to the chart and signthe physicians name as close to his

original signature as possibleB. Repeat the order back to the physician,copy onto the order sheet and indicate thatit is a telephone order

C. Write the order in the clients chart and

have the head nurse co-sign itD. Tell the physician that you can not takethe order but you will call the nursesupervisor


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QUESTION

In an extreme situation andwhen no other resident or internis available, should a nurse

receive telephone orders, theorder has to be correctly writtenand signed by the physicianwithin:

A. 24 hours C. 48 hoursB. 36 hours D. 12 hours


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INTENTIONAL WRONGS

TORTS: A legal wrong,committed against a person orproperty

TYPES:

1. Unintentional- do not require

intent but do require the elementof harm.

Ex. Negligence and malpractice

2 Intentional- the act was done on


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2. Intentional the act was done onpurpose or with intent; noharm, injury or damage isneeded to be liable.

A. ASSAULT AND BATTERY

ASSAULT- an attempt or threat totouch another personunjustifiably; mental or

physical threatEx.- forcing a pt. to take his

medication or treatment

BATTERY- physical harm throughillf l hi f l hi


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willful touching of person or clothingwithout consent.Ex.giving of injection without ptsconsent

2. FALSE IMPRISONMENT- Unjustifiable detention of a personwithout a legal warrant- occurs when the person is notallowed to leave a health care facilitywhen there is no legal justification to

detain the client.- occurs when restraining devicesare used without an appropriateclinical need.

3 INVASION OF PRIVACY


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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

Divulge information from patients

chart to improper sources orunauthorized person

PRIVILEGEDCOMMUNICATION:Statements uttered in good faith; notpermitted to be divulged in court of

justice

Exceptions: Confidential


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Exceptions: Confidentialinformation can be revealed!

Pt. consent, if there is

Inform HCT for precautionarymeasures

Crimes, child abuse, BWS

Communicable disease- R.A.3573 (Law on Notifiable

Diseases)Ethics


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4. DEFAMATION Character assassination

There must be a third person whohears or read the comment before itcan be considered defamation

TYPES:

Slander-oral defamation

Libel-written words

Q S O


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QUESTION

The nurse writes the followingnote in the clients chart, thephysician is incompetent

because he ordered the wrongdrug dosage. This statementmay lead to a charge of:

A. Assault

B. Slander

C. Libel

D. Invasion of privacy

QUESTION


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QUESTION

Doing a nursing procedurewithout the patients informed

consent may bring the health

professional to the court of lawfor what violation?

A. Tort C. Negligence

B. Assault D. Battery

QUESTION


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QUESTION

Two janitors are having a heatedargument as to who shall disposethe waste of a patient with typhoidfever. The first one called the other

lazybone and pain in the neckwithin the hearing of the rest of thenurses. The case is:

A. Libel

B. SlanderC. Invasion of privacy

D. Negligence

QUESTION


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QUESTION

Allowing a person who is in noway involved in the care of thepatient to read the patients

chart constitutes which of thefollowing violations:

A. Invasion of pts privacy

B. Breach of trust

C. Malpractice

D. Violation of pts dignity

QUESTION


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QUESTION

Which of the following personscannot have the access to thepatient record?

A. physical therapist

B. lawyer of the family

C. the patient

D. speech therapist

QUESTION


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QUESTION

It is unethical to tell ones friendsand family members data aboutthe patient because doing so is

a violation of patients rights to:A. Informed consent

B. Confidentiality

C. Least restrictive environment

D. Civil liberty

QUESTION


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QUESTION

Should the accusation be writtenin the newsletter of the hospital,such liability is a/an:

A. Assault

B. Libel

C. Slander

D. Battery

QUESTION


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QUESTION

Confidentiality of patients identityand condition is one of the nursingresponsibilities in the hospital.Which of the following reasons caninformation be given without patientconsent EXCEPT:

A. Patient is charged with a crime

B. Patient has a TBC. Patient is a victim of child abuse

D. Patient with cancer

RESTRAINTS


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RESTRAINTS

Restraints are protective devicesused to limit the physical activity of aclient or to immobilize a client or anextremity.

TYPES: Physical restraints: restrict clients

movement through the application ofa devicee.g. restraint jacket, straps,

Chemical restraints: Medicationsgiven to inhibit a specific behavior ormovement.e.g. sedation, psychotrophic drug

RESTRAINTS SHOULD NOT


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BE USED PRN!!!

R-equires physicians order; consent

E-mergency, get MDs order ASAP

S-hortest duration, least restrictive type

T-o protect pt. and others

R-enew order every 24 hours

A-ssess every 15 to 30 minutes anddocument

I-ndividualized supervision

N-ever used as a punishmentT-otal documentation

S-eclusion as last step

ALTERNATIVES TO


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RESTRAINTS

Before restraints offer explanations, asksomeone to stay with the client, use clocks,calendars, TV & radio (to decreasedisorientation) or any relaxationtechniques.

Use LESS restrictive methods first.RESTRAINTS should always be the last.

Assign confuse and disoriented clients torooms near the nurses station.

Maintain toileting routines & instituteexercise and ambulation schedules as theclient condition allows.

QUESTION


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QUESTION

The nurse noticed that restrainingpatients is a common practice. Which ofthe following should she remember?A. Restraints are necessary so that thenurse could do more work for patients

B. Use of restraints is an effectiveintervention

C. Restraints require a physiciansorder

D. Refusal to be restrained is a groundfor terminating the nurse-patientrelationship


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CRIMES & OTHER ACTS


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CRIMES & OTHER ACTS

CRIME: An act committed or omittedin violation of the law

Two elements:

Criminal act Evil/criminal intent

Criminal Actions

Acts or offenses against public welfare

Misdemeanor- offenses or acts lessthan a felony

Felony- a public offense committed withdeceit and fault

Criminal negligence


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Criminal negligence

Reckless imprudence- person does an actfrom which damage results immediately

Simple imprudence- did not useprecaution and the damage was notimmediate

CLASSIFICATION

1. Manner of commission:

Deceit (dolo) with criminal intent

Fault (culpa) without; negligence

2 Stages of Execution


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2. Stages of Execution

1. Consummated all elementsexecuted, withsuccessful result

2. Frustrated all elementsexecuted but nosuccessful result

3. Attempted not all elementsexecuted, nosuccessful result

3 Degree of penalty and fine


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3. Degree of penalty and fine

graveCapitalpunishment or>6yrs & 1 day

above P6k

Less

grave

1 month and 1

day to 6 years

not > P 6 K

but notP 200

4 Degree of participation


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4. Degree of participation

PRINCIPALPrimary author

a. By direct participation- doer ofthe act

b. By inducement-directly force orinduce others

c. By cooperation- indispensable

ACCOMPLICEA person whocooperates

cooperates before the fact-absent at the time crime iscommitted.

ACCESSORY cooperates after the factProfits

Conceals/ destroys evidenceAssists in the escape of theprincipal

QUESTION


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QUESTION

A crime can be committed with theelement of culpa if:

A. the person committed the crime

because of ignorance of the lawB. the person knows the action is acrime and he chooses to do it

C. the person committed the crime

because he lacked the competencyto act correctly

D. all of these

QUESTION


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QUESTION

The nurse out of pity unhookedthe patient from a respirator.The patient died after 15

minutes. This type of felony is:A. Consummated

B. Frustrated

C. Attempted

D. Murder


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QUESTION

If the penalty is death, what is thedegree of the felony?

A. grave

B. less graveC. light felony

D. none of the above

SITUATION


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SITUATION

Danaya is two-months pregnant. Herparents do not know this. Sheinformed her friend Alena about theproblem. Alena then referred Danayato Pirena, an abortionist. Danayahad an abortion.

If those involved will be chargelegally, who is considered theprincipal?

A. Pirena C. AlenaB. Dayana D. None of them


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If during the investigation, the piecesof evidence were not found becauseGurna, the maid of Pirena burned it.Gurna is considered as:

A. AccompliceB. Accessory

C. Principal

D. Co-principal

QUESTION


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QUESTION

A nurse is liable as anaccomplice in an abortion if she;

A. Assist in the escape of the

offenderB. Refers the pregnant mother tothe abortionist

C. Conceals the evidence of the

crime

D. None of these

QUESTION


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QUESTION

A person uses the license ofanother person to practicenursing is liable for what?

A. negligenceB. malpractice

C. misdemeanor

D. invasion of privacy

QUESTION


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QUESTION

The receptionist of a clinic wasasked by police if a certain doctorcharged with murder was hiding inthe premises of the clinic. She liedabout it but unfortunately the doctorwas discovered inside the clinic.She could be charged with:

A. PrincipalB. Accessory

C. AccompliceD. Assistant


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Circumstancesaffecting criminal

liability

J-E-M-A-A

JUSTIFYING


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JUSTIFYING

SELF-DEFENSE Unlawful aggression

Reasonable necessity

Lack of sufficient provocation

Fulfillment of Duty

Obedience to an order fromsuperior

Order must be lawful Superior acting within the

scope of practice

EXEMPTING


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EXEMPTINGInsane/imbecilePerformance of a lawful act causes

injury by mere accident

Under 9 y/oUnder compulsion of uncontrollableforce

Under impulse of uncontrollablefear

Failure to perform an act requiredby law when prevented by somelawful cause

MITIGATING


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MITIGATINGUnder 18y/o or over 70 y/o

No intention to commit so grave awrong

Sufficient provocation/threat

preceding the actImmediate vindication of a grave

offense

Voluntary surrender

Deaf & dumb/ with physical defect

Suffer from such illness thatdiminishes willpower

AGGRAVATING


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AGGRAVATING

Treachery/taking advantage ofsuperior strength or position

Price, reward, promise

Use of fire, poison, explosionCalamities

Craft, fraud or disguise employed

Evident Premeditation

Cruelty

ALTERNATIVE


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ALTERNATIVE

May increase/ decreasecriminal liability depending onthe nature and effects of the

crimeRelationship

Intoxication

Degree of instruction/education

DRILLS


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DRILLS

1. Under compulsion ofuncontrollable force

2. There is sufficient

provocation3. Act is committed with abuse

of confidence

4. Fulfillment of a duty

5. Offender is over 70 years old


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6. Voluntary surrender

7. Disguise in being employed

8. Defense of a stranger

9. Acts under the impulse of anuncontrollable fear

10. Offender is insane

QUESTION


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QUESTION

Premeditating to commit a crimeis considered as:

A. justifying

B. mitigating

C. aggravating

D. exempting

QUESTION


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QUESTION

All of the following areexempting circumstancesexcept:

A. ImbecileB. 8 year old

C. performance of a lawful act

D. offender is deaf and dumb

QUESTION


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QUESTION

When a politician takes advantageof his power in the performance ofunlawful actions, this is consideredas:

A. justifying circumstance

B. exempting circumstance

C. mitigating circumstance

D. aggravating circumstance

QUESTION


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QUESTION

When the defendant killssomeone accidentally:

A. justifying

B. exempting

C. aggravating

D. mitigating


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CRIMESCONCERNING

THE NURSE

MORAL TURPITUDE


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Are acts contrary to the acceptedand customary rule of right

1. Rape:a.) Ordinary rape forcible penetration ofsex organ to a sex organb.) Sexual assault anything forciblyinserted to any orifice.

Intervention

Safety (emotional and physical)Report the incidenceReferral (if the father is the rapist, refer to

DSWD)

ANTI- RAPE LAW (RA 8353)


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R.A. 7877 Anti-sexual Harassment Act1. Any person who exercises authority2. Asking sexual favors in exchange of

another favor

2.MURDER- killing of another with intent

3. HOMICIDE- unintentional killing of another


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gperson

4. PARRICIDE

Killing of a person to whom you have arelationship

1. father

2. mother

3. brothers/sisters

4. ascendants

5. descendants

6. spouse

5. ABORTION- termination of product


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pof conception before the age of

viability.

6. INFANTICIDE

- the killing of an infant less thanthree days or 72 hours.

7. ROBBERY

Anyone who


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8. THEFT- -anyone who gets thepersonal property of another withoutthe latters permission.

- Anyone whogets the

personalproperty of

another with the

use offorce,violence or

intimidation.

9. SIMULATION OF BIRTH


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1. Pretend that a woman gave birth

2. Substitution or exchanging of babiesin the nursery

3. Intentionally putting wronginformation in the birth registration

form

P.D. 651 Birth Registration Act - requiresany person (RN,OB, midwife) who shall

assist in giving birth to report within 30 dayswithout penalty any live birth at Local CivilRegistrars Office.

10. DISPENSING OF PROHIBITEDDRUGS


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DRUGS

R.A. 6425 (1965) Dangerous Drugs Act

A. Prohibited chemicals or substances thatare totally and absolutely cant be

consumed by human being.

Ex. Shabu, cocaine, cannabis

B. Regulated can use this drug - withappropriate prescription - MD withappropriated license

Ex.- Valium, dormicum

PENALTY FOR VIOLATINGTHE ACT


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For licensed health care providers

Fines

Imprisonment

Automatic revocation of license

THE ACT

GUIDELINES TO PREVENTCRIMINAL LIABILITY:


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CRIMINAL LIABILITY:

1. Be very familiar with the PhilippineNursing law

2. Be familiar with the laws affectingnursing practice

3. Know agency rules, regulations,policies

4. Upgrade skills and competence


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5. Develop good IPR with co-workers6. Consult superior as needed

7. Verify vague/ erroneous orders

8. Always keep doctor updatedregarding patient

9. Ensure accurate recording andreporting

10. Get informed consent11. Do not delegate responsibilities to

others

TIPS FOR AVOIDING LEGALPITFALLS:


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PITFALLS:

1. Patient Falls do proper

assessment

appropriateassistance

use protectivemeasures

document allnursing

interventions

2. Medication errors observe the rights of drug administration


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g g

Check drs order

Understand the medication you will administer

Consult drug handbook/ pharmacy

Not exempt from liability for following wrong drs

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 attentionof the doctor or superior

DRILLS


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1. A student nurse is overheardtalking in the cafeteria about aclient and his suicidal

tendencies.2. A nurse asks a client why he

chose Dr. Smith for her

physician when this doctor isalways rude to the staff.


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3. A client is told he must pay theremainder of his medical billbefore he can leave the facility.

4. A nurse told the client that shewill inject her with sedatives if hedoes not cooperate.

5. A nurse forcibly opened the

mouth of a pedia patient andgave his medication.


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6. A nurse takes the wallet of thepatient while the latter issleeping.

7. A nurse takes the wallet of thepatient with the use of violenceand intimidation.


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8. A nurse gives a potent injectionof morphine to a patient causinghis death.

9. A nurse poisons his client toend his life.

10. A patient died because of

wrong medication given.


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SEEYOUALL

AGAINTOMORROW

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