Legal Responsibilities of Nursess

Like any member of the professions, a registered Nurse has many

legal responsibilities to assume in the practice of her profession. It is of importance to a
practicing nurse that she knows the legal responsibilities infused in the various places of
her professional practice so that she may properly conduct herself in the lawful
discharge of her functions. A registered Nurse who knows her legal responsibilities will
find it easier to avoid incurring criminal liabilities. To know what these responsibilities
are, she needs to have a mastery of the law.
In order to avoid lawsuits, Nurses must perform only duties within
the scope of Nursing practice and those which he/she has adequate knowledge and
skills. If you are unaware of what to do, consult your superior and due remember “ASK
WHEN IN DOUBT”.

Definition of Legal Terms

A Nurse is not required to be well versed in legal terminologies to carry on her

practice in the community or in dealing with people at large. However an understanding
of the meaning and concept of the common legal terms related to the protection or
enforcement of legal rights would be useful to a Nurse. Some of the Familiar legal terms
which a Nurse may encounter in her professional practice are the following:

1. Subpoena duces tecum - subpoena which does not only command the personal
attendance of a witness but also to bring with him and produce to the court
books, papers and other documents, which maybe in his possession and which
may tend to clarify the matter in controversy.
2. Summon - Is a written order commanding the sheriff to notify a person to
appear in court on a specified date in order to answer a complaint made against
him.
3. Venue - is the place where the party to arrest may require the asset to be tried;
relates to the particular district or city on which the proper court may hear and
determine the case
4. Court of Justice - is the body in the government to which public administration
of justice is entrusted. It is a place where justice is judicially administered
 5. Subpoena - a formal order issued by a court of other authority empowered to
issue the same, commanding a witness to be present before said court or such
other authority and to give testimony
6. Search Warrant - is a written order signed by a magistrate (public officer), and
directed to a peace officer, commanding him to search for personal property and
bring it before a magistrate
7. Remedy - judicial means to enforce a right or redress (obtain compensation or
satisfaction for) a wrong doing or an injury
8. Damage - means a loss, injury or harm caused to one’s person, property or
rights by the negligence, design accident or wrongful act or omission of one
another
9. Legal Right - the right to which the state gives it’s sanction (approval); it is a
claim which can be enforced by legal means

Writ - written commend issued in the name of a sovereign, state, court, of law, etc.

Writ of Certiorari - writ of issuing from a superior court calling up the record of a
proceeding of an interior court for a review

Mandamus - writ need by a higher court to a lower one or to one operation or

individual requiring that a specified thing to be done

Evidence - is the means of ascertaining in a judicial proceeding the truth respecting the
matter of fact

Kinds of Evidence:

1. Object or Real Evidence - are objects which maybe exhibited to, examined, or
ordered by the court
Example: The weapon used by the offender
2. Documentary Evidence - documents as evidence consists of writings or any
materials containing words, letters, numbers, figures or other modes of written
experiences
3. Testimonial Evidence - declaration of witnesses. A witness can testify only to
those facts which he/she has personal knowledge, hearsay evidence or repetition
of that the witness say from what others have heard or not admissible.
A Nurse called to a witness may refuse to answer questions. If a Nurse sees that the
question and her answer to it may lead to incriminate herself or incriminating
admissions, she has right to refuse to answer on the basis on her constitutional rights
against self incrimination. A Nurse acting as a witness must answer questions truthfully
because he or she is under oath.

Privilege Communication - a private communication made by a patient to a Nurse. It is

inadmissible in court as evidence.

Dying Declaration - declaration of dying person provided such person knows that he is
about to die, maybe received in a case where his death is a subject of inquiry as
evidence of the crime and surrounding circumstances of his death. It is a duty of a Nurse
who attended a patient and heard his dying declaration to record it in the patients
accurately and correctly.

10.Damages - refers to a sum of money which the law awards to a person to

compensate him for his loss, injury or harm caused by the negligence, design
(plant), accident or wrongful act or omission of another; monetary compensation
for such loss, injury or harm.

Plea - refers to the answer of the defendant to the complaints. The defendant may
plea “guilty” or “not guilty”.

Affidavit - statement in writing or declaration writing made upon oath before on an

theorized office such as notary public.

Persons involved in Lawsuit

11.Plaintiff or Complainant - the accuser; one who initiates the lawsuit

12.Convicted - a person was found guilty after a trial
13.Defendant or Respondent - the accused; one who is being tried in court
14.Acquitted - a person was found to be innocent or not guilty after a trial
15.Witness - one who testifies for or against the defendant

Verdict - the decision of the jury after hearing accidence in a case of civil or criminal
law; judgement after examination of evidence
Due process of law means “a law which hears before it condemns; which proceeds upon
inquiry and renders judgement only after a trial.”

Two classes of Criminal Negligence under the Revised Penal Code:

1. Reckless Imprudence or Reckless Negligence

A person is guilty of this if he does an act or fails to do an act, voluntarily but

without malice, from which act or omission a material damage results because of
his inexcusable lack of precaution, taking into consideration his employment or
occupation, degree of intelligence, physical condition, and other circumstances
regarding persons, time and place.

2. Simple imprudence or single negligence

A person is guilty of this if he shows lack of precaution in these cases in which the
damage about to be caused is not immediate or in which the impending danger is
not evident or manifest.

Three essential conditions for negligence to occur:

1. Existence of a duty on the part of a person charged to protect the complaining

party from the injury received
2. Failure to perform that duty
3. An injury resulting from such failure

Specified Examples of Negligence

1. Failure to report observations to attending physician

2. Failure to exercise the degree of diligence which the circumstances of the
particular care demands
3. Mistaken identity
4. Wrong medicine, wrong concentration, wrong route, wrong dose
5. Defects in the equipment such as stretchers and wheelchairs which may lead to
injury of patients as causing patient to fall and be injured
6. Errors due to family assistance
7. Administration of medicine due to doctor’s prescription
DOCTRINES which Determine the liabilities for Damage due to
Negligence

1. Doctrine of ”Res Ipsa Loquitor”

-literally means the thing speaks for itself.

As a legal doctrine, the “les ipsa loquitor” rule means that when it is shown that the
person charged with negligence had the exclusive management of the thing which
caused the injury to the patient and that the accident which caused the injury will not
ordinarily happen if the person has used proper care, the accident itself can be
evidenced that such accident arose from want of proper care.

Three (3) conditions are necessary for the application of “res ipsa loqiutor” doctrine
namely:

1. The accident must be of a kind which does not ordinarily occur if someone has
not been negligent
2. The accident must be caused by an instrumentally within the exclusive control of
the person charged with the negligence
3. The accident must not have been due to any voluntary action or contribution on
the part of the injured party

2. Doctrine of “respondeat superior”

-literally means “let the superior answer, let the principal answer for the act of his
agent”.

As a legal doctrine, the meaning of the maxim “respondeat superior” is that

principal or master should be answerable for the acts of his agent or servant.

It simply states that when a person acts through the agency of another; then, in
legal contemplation, he is himself acting so as to take him responsible for the
sects of his agent.

The doctrine applies only when the relation of master and servant exists between
the offender and the person being sued for damages for the injuries caused by
 the offender in the course of his employment. The doctrine does not apply if the
injury occurs when the servant is acting outside the legitimate scope of his
authority.

3. Doctrine of “force majeure”

A “force majeure” is an “irresistible or superior force”. It is a fact or accident

which human prudence can neither foresee nor prevent. It is a fortuitous event,
or an accident produced by physical cause which is irresistible.

Circumstances as floods, fire, earthquakes, accidents, fail under this doctrine and
midwives who fail to render service during these circumstances are not held
negligent.
 NURSES AND CRIMINAL LIABILITIES

CRIMINAL LIABILITY

Like any other citizen, a Nurse may incur any criminal liability or subject herself to
criminal prosecution either by committing a felony or by performing an act which would
be an offense against a person or property. Ignorance of the law is not an excuse for
failure to comply there with.

FELONIES- acts or omission punishable by law and they maybe committed not only by
means of deceit but also by means of fault.

There is deceit when the act is performed with the deliberate intent and there is fault
when the wrongful acts results from imprudence, negligence, lack of foresight, or lack of
skill.

The term “deliberate intent” includes two other elements without which there can be
no crime arising from a criminal act or omission. These are freedom and intelligence. A
person who acts without freedom cannot act with deliberation. Likewise, without
intelligence, a person is incapable of distinguishing what act is good or bad or what act is
right or wrong.

CLASSES OF FELONIES

1. According to the degree of the Acts of Execution which could produce the Felony:

1. Consummated - when all the elements necessary for its execution and
accomplishment are present.
2. Frustrated - when the offender perform all the acts of execution which would
produce the felony as a consequence, but, which nevertheless, do not produce it
by reason of cause independent of the will of the perpetrator or person who
commits an evil deed, the offender has performed all the acts necessary for the
commission of the crime but the criminal objective was not achieved.
3. Attempted - when there is an attempt to commit a felony when the offender
commences the commission with the same directly by overacts, and does not
 perform all the acts of execution which would produce the felony, by a reason of
cause or accident, other than his own spontaneous desistance (stopping act by a
natural feeling or impulse). The offender commences to do the criminal act and
the criminal objective was not achieved.

Consummated felonies as well as those which are frustrate and attempted are
punishable.

II According to the Degree of Punishment Attached to the Felony

1. Grave Felonies - are those to which the law attaches the capital punishment
(death ) or penalties which in any of their periods are affiliative, punishable by
imprisonment ranging from 6 years and 1 day to life imprisonment to a fine
exceeding P6,000.00.
2. Less Grave - are those which the law punishes with penalties, which in their
maximum period, are affiliative, punishable by imprisonment ranging from
1month and 1 day to 6 years or a fine of P200.00 to P6,000.00.
3. Light - are those in fraction of the law for the commission of which the penalty of
arresto menor, punishable by imprisonment ranging from 1 day to 30 days and/or
a fine not exceeding to P200.00.

CONSPIRACY TO COMMIT A CRIME

A conspiracy exists when two or more persons come to an agreement concerning the
commission of a felony and decide to commit it.

In conspiracy, no formal agreement between the parties to do the act is necessary; it is

sufficient that the minds of the parties meet understandingly so as to commit the
offense charged, although such agreement is not manifested by any formal words, a
mutual implied understanding is sufficient, so far as the combination or the conspiracy is
concerned, to constitute offense.

Once conspiracy is proven, each and every one of the conspirators must answer the acts
of the others, provided that such acts are the results of a common plan or purpose; it is
immaterial that the co-conspirators took no direct in the execution of the criminal act or
lent no cooperation in its commission by another act without which the crime could not
been accomplished.
Classifications of Persons Criminally Liable

When there are several persons who are parties to a crime, their criminal liability is not
necessarily equal, for while many might have taken part of the commission of a crime,
they may not have equal participation in the execution of the criminal act. It is not just
that they should share the same criminal responsibility. Consequently, the law classifies
persons criminally liable for felonies into:

1. Principals of a Crime - are those who take direct part in the execution of the act,
or those who directly force or induce others to commit it, or those who cooperate
in the commission of the offense by another act without which the crime would
not have been accomplished
2. Accomplices - are those persons, whose not being principals by direct
participation , inducement or cooperation through another act essential to the
consummation of the crime, cooperate in the execution of the offense by
previous or simultaneous acts. In criminal law, accomplices are also known as
“accessories before the fact”.

Example: a Nurse advices a pregnant woman as to where she may go to submit to

criminal abortion may be guilty of the said crime as a n accomplice, that is,
“accessory before the fact” although she may not be present when the abortion
was performed.

3. Accessories - are those, who, having knowledge of the commission of the crime
and without having participated therein, either as principal or accomplice, take
part subsequently to its commission in any of the following manners:

a. By profiting themselves or assisting the offenders to profit by the effects of the

crime
b. By concealing or destroying the body of the crime or the effects of the
instruments, thereof, in order to prevent discovery.
c. By harbouring, concealing, assisting in the escape of the principal of the crime,
provided the accessory had acted with the abuse of his public functions, or the
authority of the crime is guilty of treason, parricide, murder or an attempt to take
the life of the chief executive, or is known to be habitually guilty of some other
crime. Thus class of accessories are known and designated in criminal law as
“accessories after the fact”.
 Example: A Nurse, who, having the knowledge of the commission of the criminal
abortion, refuses to divulge the same or testify therein when lawfully called upon to do
so by proper authorities in the interest of justice, may render herself criminally liable to
the commission of the crime. In this case she will be an “accessory after the fact”.

Circumstances Affecting Criminal Liability

I. Justifying Circumstances - (justified-means lawful, rightful)

Circumstances surrounding the commission of the crime maybe justified, by

reason of which the offender does not render himself criminally liable ( no
liability).
1. One who acts in defense of her person or rights, does not incur any criminal
liability provided that the following circumstances concur:
a) Unlawful aggression on the part of the offended party
b) Reasonable necessity of the means employed by the offender (person defending
himself) to prevent or repel such aggression
c) Lack of sufficient provocation on the part of the offender

2. Anyone who acts in defense of the person or rights of his spouse or relatives does
not likewise incur any criminal liability, provided, that there is unlawful aggression
on the part of the offended or the injured party, that there reasonable necessity
of the means employed by the defender to prevent or repel such aggression, and
that incase of provocation was given by the offender’s relative, the defender had
no part therein.

3. Anyone who acts in defense if the person or rights of the stranger does not also
incur any criminal liability, provided, that there is unlawful aggression on the part
of the offended or injured party, that there is reasonable necessity of the means
employed by the offender to prevent or repel such aggression, and that the
defender is not induced by revenge, resentment or other evil motive.

4. Any person who acts in obedience to an order issued by a superior for some
lawful purpose.
Two requisites are necessary to exempt an offender failing within the purview of this
provision from criminal liability, namely:

1. The order if his superior must be lawful, that is, to say, the superior giving the
order must be acting within the scope of his official authority.

2. The order must be for some lawful purpose

II. EXEMPTING CIRCUMSTANCES-( to exempt means to exclude)

There are certain circumstances under which the law exempts a person for
criminal liability for the commission of a crime. The following persons, under
the circumstances stated, are expressly exempted by the law from criminal
liability for the crime they may have committed.

1. An embecile or an insane person, unless the latter has acted during a lucid
interval
2. A person under 9 years of age
3. A person under 9 years of age and under 15, unless he has acted with
discernment. (good judgement or insight)
4. Any person, who, while performing a lawful act with due care, causes an injury by
mere accident, without fault or intention of causing it.
5. Any person that acts under the compulsion of an irresisitible force
6. Any person who acts under the impulse of an uncontrollable fear of an equal
greater injury.
7. Any person who fails to perform an act acquired by law when prevented by some
unlawful or inseparable cause

III. Mitigating Circumstances- lessen the criminal liability of the offender.

1. Circumstances which are, otherwise, justifying or exempting were it nor for the
fact that all the requisites necessary to justify the act or to exempt the offender
from criminal liability in the respective cases are not attendant.

2. That the offender is under eighteen years of age or over seventy (70) years old.
3. That the offender had no intention of committing so grave as wrong as that
committed.

4. That sufficient provocation or threat on the part of the offended party

immediately preceded the act.

5. That the act was committed in the immediate vindication of grave offense to the
one committing the felony, his spouse, attendants, descendants, legitimate,
natural or adopted brothers or sisters, or relatives by affinity, within the same
degrees.

6. That of having acted upon an impulse not powerful as naturally to have produced
passion or obfuscation.

7. That the offender had voluntarily surrendered herself to a person in authority or

his agents, or that he had voluntarily confessed his guilt, before the court prior to
the presentation of the evidence for the prosecution.

8. That the offender is deaf and dumb, blind, or otherwise, suffering from physical
defect which, thus, restricts his means of action, defense or communication with
his fellow beings.

9. Such illness of the offender as would diminish the exercise of his willpower
without, however, depriving him of his consciousness of his acts.

IV. Aggravating Circumstances- Increase the criminal liability of the offender and
make his guilt more severe.

1. That advantage be taken by the offender of his public position

2. That the crime be committed in contempt of or with insult to public authorities.

3. That the act be committed with abuse of confidence or obvious ungratefulness

4. That the act be committed in the occasion of a conflagration, shipwreck,

earthquake, epidemic or other calamity or misfortune.
 5. That the crime be committed in consideration of a price, reward or promise

6. That the crime be committed by means of inundation, fire, poison, explosion,

stranding of vessel or intentional damage, thereto, derailment of a locomotive, or
by the use of any other office involving great waste and ruin.

7. That the act be committed with evident premeditation

8. That graft, fraud, or disguise be employed.

9. That the wrong done in the commission of the crime be deliberately augmented
by causing other wrong not necessary for its commission.

V. Alternative Circumstances

Alternative Circumstances are those which must be taken into consideration either as
aggravating or mitigating, depending on the nature or effects of the crime and on the
other condition attending the commission of the same, these alternative circumstances
are the relationship, intoxication, and the degree of instruction, and education of the
offender.

Relationship, as an alternative circumstance, is taken into consideration when the

offended party is spouse, ascendant or descendant, brother or sister (whether
legitimate, natural, or adopted) relative by affinity in the sane degree of the offender.

The intoxication of the offender, as an alternative circumstance, is taken into

consideration, as a mitigating circumstance when the offender has committed felony in
a state of intoxication provided that the same is not habitual or subsequent to the plan
to commit said felony.
 CRIMES AFFECTING NURSES

Crimes Against Persons

MURDER- is a crime committed by a person who kills another, other than his father,
mother, or child, or any of his ascendants or his spouse. Any person guilty of murder
shall be punished by a penalty ranging from reclusion temporal in its maximum period
(imprisonment for 17 years, 4 months and 1 day to 20 years to death, if crime is
committed with any of the following attendant circumstances:

1. With treachery, taking advantage of superior strength, with the aid of mean or
means to weaken the defense, or with the aid or means of the person to ensure
or afford immunity.

2. In consideration of price, reward or promise.

3. By means of inundation, fire, poison, explosion, shipwreck, standing of a vessel,

derailment or assault upon a street car or locomotive, fall of airship, by means of
motor vehicles, or with the use of any other means involving great waste or ruin.

4. On occasion of any of the calamities enumerated in the preceding paragraph of an

earthquake, eruption of a volcano, destructive cyclone, epidemic or any other
public calamity.

5. With evident premeditation.

6. With cruelty by deliberately and inhumanely augmenting the suffering of the

victim, or outgoing or scoffing at his person or corpse.

HOMICIDE- is the killing of any creature. It is not necessarily a crime; it may committed
without criminal intent and without criminal consequences, as where it is done in self-
defense. Under the law homicide is the crime committed by any person or any
ascendants, or his spouse without any circumstances attendant to the crime
enumerated above being present. The penalty for homicide is imprisonment from 10
years and one day to 20 years.
PARRICIDE- is the crime committed by the one who kills his father, mother, or child,
whether legitimate or illegitimate, or any of his ascendants or descendants. Or his
spouse; any person convicted of the crime of infanticide; if the crime is committed by
the mother of the child for the purpose of concealing her dishonor, she shall suffer the
penalty of imprisonment ranging from 2 years, 4 months and 1 day to 6 years.

ABORTION- legal jurisprudence defines it as the “expulsion of the fetus at a period of

utero-gestation (pregnancy within the womb) so early that it has not acquired the
power of sustaining an independent life, or the unlawful destruction, or the bringing
forth, prematurely of the fetus or unborn offspring of a pregnant woman at any time
during its natural birth.

In the Philippines the practice of abortion is a crime punishable with heavy penalties.

Euthanasia- mercy killing which painlessly putting an end to the life of a terminally ill
patient or patient suffering from incurable disease.

Crimes Against Liberty and Security

ILLEGAL DETENTION- (false imprisonment)- refers to unjustifiable detention of a person

without legal warrant.

In so far, as nurse or midwives are concerned, this crime may arise in connection with
the enforcement of quarantine regulations or isolations of patients. Any private
individual who shall detain another or in any other manner, deprive him of his liberty,
shall suffer the penalty of reclusion perpetua (life imprisonment) or death, if he
committed the crime under the following circumstances:

1. The detention had lasted for more than 5 days.

2. The offender was stimulating public authority (pretending to ne government

authority) when he committed the crime.

3. Serious physical injuries had been inflicted on the detained or kidnapped victim,
or threats to kill him had been made.

4. The detained or kidnapped victim is a minor, female or a public officer.

Crimes Against Civil Status of a Person

SIMULATION OF BIRTH- is a crime against the civil status of a person for which the
imposes the penalty for imprisonment from 6 years and 1 day to 12 years and a fine not
exceeding P1,000.00 entering a birth certificate that did not occur.

SUBSTITUTION OF A CHILD- replacing one child with one another. Same penalties with
Simulation of Birth.

Concealing or abandoning a legitimate child with the intent of cause such child to lose
its civil status.

DEFAMATION- character assassination, be it written or spoken.

CRIMES AGAINST HONOR

SLANDER- oral defamation of a person by speaking unprivileged or false words for

which his reputation is damaged.

LIBEL- is printed defamation by written words, cartoons of such representation that

cause a person to be avoided, ridiculed or held in contempt or tend to injure him in his
work.

Remarks that are directed between two persons do not constitute defamation. There
must be third person to hear or read the comment before it can be considered
defamation.

PERJURY- false swearing under oaths, telling a lie under oath.

EXAMPLE: If a midwife is asked to become a witness in a court proceeding, she should

speak only the truth , otherwise, she will be liable for Perjury.

FORGERY- altering a written document for deceit.

ASSAULT- is an unjustifiable attempt to touch another person or the threat to do so in
such circumstances as to cause the other reasonably to believe that it will be carried
out.

BATTERY- is an intentional unconsented touching of another person. It is , therefore,

important that before a patient can be touched, examined, or treated, and subjected to
medical and/or surgical procedure, he must give a consent to this effect. If consent has
not been secured, the person performing the procedure may be liable for Battery.

When a person comes to the hospital, it is implied that he consents to be treated.

However, he may refuse certain contacts. If he refuses an injection and the nurse gives
this anyway, the latter can be charged for battery.

A person who gets injured while being restrained my cause the midwife or the nurse to
be liable for Assault and Battery.

MISDEMEANOR- a general name for a criminal offense which does not, in law, amount
to the grade of felony.
Applied to all those crimes and offenses for which the law has not provided a particular
name.

MALPRACTICE- improper or unskillful care of a patient by a midwife. It also denotes

stepping beyond one’s authority with serious consequences.

Examples:

1. Prescribing medicines is within the scope of medical practice

2. Dispensing medicines without the written order of the physician is also
considered Malpractice

NEGLIGENCE- it is negligence of such a character, or occurring under such

circumstances, as to be punishable as a crime by statue; or such a flagrant and reckless
disregard of the safety of others, or willful indifference to the injury liable to follow, as
to convert an act otherwise lawful into a crime when it results in personal injury or
death.

MALFEASENCE- the committing of illegal acts by a public official