ACDV PROF AD 2. Obtain complete information from the Dr.

concerning his
Terminologies: diagnosis
3. Receive information from his Dr. necessary to give informed
Accessory Accessory after the fact. consent
Accomplice Accessory before the fact. 4. Refuse treatment
Assault An unjustified attempt/threat to cause bodily harm. 5. Every consideration of his privacy
Attempted Crime when there is an attempt to start the offense but 6. Confidentiality
it was thwarted. 7. Request for hospital services
Battery An intentional touching of another person without consent. 8. Obtain information with regards to the hospital to another health
Consumated crime when all elements of a crime are executed and is care
successful. 9. Be advised if the hospital proposes to perform human
Defendant The accused person in a criminal case. experimentation
Doctrine of res ipsa loquitur Speaking for oneself. 10. Expect reasonable continuity of care
Doctrine of respondent superior an employer is liable for the act 11. Receive an explanation of his bill
of his employees. 12. Know the hospital rules
False Imprisonment Illegal confinement of an individual.
Felonies Acts or omissions punishable by law. HISTORY OF THE LAWS ON NURSING IN THE PHIL.
Force Majeure Acts of God; irresistible or superior force; Natural
Causes. YEAR LAW SALIENT FEATURES
Frustrated Crime When all elements of the crime are present but 1919 R.A. - Created the Board Examiners for Nurses under
are unsuccessful. 2808 the Department of Interior.
Good Samaritan Law Provides immunity from civil liability when a - Scheduled the licensure examine for nurses on
person provides assistance in an emergency. the 2nd Monday of June and December.
Illegal detention Deprivation of freedom of movement or space. (1920 first nursing board exam)
Malpractice Professional misconduct or any unreasonable lack of skill 1950 R.A. 546 - Placed the Board Examiners for Nurses under
in the performance. the office of the President.
Misdemeanor An act less than felony, e.g. misrepresentation 1953 R.A. 877 - 1st comprehensive nursing law
Negligence Doing that thing which a reasonably prudent person - required registration as a nurse before one can
should have not done. practice nursing in the Phil.
Plantif The party who institutes/initiates legal proceedings. 1966 R.A. - upgraded the educational qualification of
Principal Person who participates in a crime 4704 nursing board members to masters degree in
Sexual harassment Committed by a person who, having the nursing.
authority over another in a work. - set an age limit of 65 yrs for BON members
Simulation of birth Pretending that a woman gave birth when in - scope of nursing practice broadened
truth and in fact she did not. - lowered the minimum age requirement for
Subpoena requires a person to be present at a specific time and applicants to the licensure exam from 21 to 18
place to testify as a witness. yrs.
Subpoena duces tecum A subpoena requires a witness to bring 1991 R.A. - removed the age-limit requirement for BON
documents in his procession. 7164 members
Summon Commanding an authorized person to notify to appear in - required 10 yrs of continuous practice of
court to answer a complaint. nursing prior to appointment.
Telephone Orders Medical orders received through telephone by - required a special training for nurses to
nurses from doctors perform IV therapy
Trial Judicial process involving the presentation of facts. - required a member of the faculty in a college
of nursing to have at least 3 yrs of clinical
THE FILIPINO CLIENTS BILL OF RIGHTS practice in the field of specialization
- only students who are among the top 40% of
Client has the right to: the graduating high school class can be
1. Considerate and Respectful Care admitted in a nursing course.
 - required the graduate of the state colleges and
universities to render at least 1 yr of service to
the country before being allowed to work
overseas.
2002 R.A. - increased the BON members from 5 to 7
9173 - required a member of the faculty in a college
of nursing to have at least 1 yr of clinical
practice in a field of specialization and a
holders of masters degree in nursing or other
related field.
LEGAL ISSUES IN NURSING
ISSUES DESCRIPTION
Informed Agreement to do something or to permit something to
Consent be done on a client based on complete disclosure of
facts needed to enable the client to decide properly.
Assent the agreement by someone who is not
cognitively capable of giving an informed consent.
Elements of informed consent:
1. Complete information
2. Competence or ability to understand
3. Voluntariness
Malpractice Breach of professional standards of care
Negligence An act of omission is characterized by:
1. Existence of a duty on the part of the person
2. Failure to perform that duty
3. Injury resulting from such a failure
Contract An agreement entered into by consenting parties in
which one binds oneself to render professional
services for which proper compensation is provided.
Types:
1. Formal done in writing
2. Informal oral or spoken discussion
3. Implied performance of actions which
constitute an institution to enter into a
contract
4. Illegal prohibited by law
5. Void non-existent from the start
* Living will/instructive directive specifies the treatment that a client
wants or does not want, if he becomes unable to make decisions for
himself.
*Proxy/durable power of attorney; the client appoints a particular
person or surrogate to make medical decisions for him if he becomes
unable to do so.
*Telephone orders should be accepted by the nurse ONLY in extreme
EMERGENCY.
*If a nurse receives a telephone order, the following should be done:
- read back the order to the Dr. to ensure that the order has been
correctly received.
- write the Drs name and ones name and signature
- note the time
- make sure that the ordering Dr. signs his name as soon as he
arrives with 24hrs
*How to be protected from Malpractice Suits
1. Practice in accordance with standards
- Nursing Law (and other relevant laws)
- Established clinical practices/procedures
- Agency policies and procedures
- Legal concepts and principles
2. Be careful not to encroach on medical practice
3. Follow established practices/protocols
- Observe agency policies and procedures
- Always put clients right and welfare first
- Upgrade technical/clinical skills
- Document properly

KEY POINTS

*Informed consent requires full understanding of the benefits and risk of

procedure.
*Advanced directive is a document prepared by a competent individual