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NCM 105 – Nursing

Jursiprudence
Ailyn B. Pineda
Lecturer
LEGAL CONCEPTS
AND ISSUES IN
NURSING
RESPONSIBILITY AND
ACCOUNTABILITY FOR THE
PRACTICE OF PROFESSIONAL
NURSING
 Nurses employed in an agency, institution
or hospital are directly responsible to their
immediate supervisors. Private duty
nurses, being independent practitioners,
are held to a standard of conduct that is
expected of reasonable prudent nurse
WHAT IS LIABILITY?
 Isan obligation or debt that can
be enforced by law. A person who
is liable for malpractice is usually
required to pay for damages.
Damages refer to compensation
in money recoverable for a loss of
damage.
PROFESSIONAL NEGLIGENCE
 “NEGLIGENCE” refers to the
commission or omission of an act,
pursuant to a duty, that a
reasonably prudent person in the
same or similar circumstance would
or would not to, and acting or the
non-acting of which is the
proximate cause of injury to
another person to his property.
ELEMENTS OF PROFESSIONAL
NEGLIGENCE
1. Existence of a duty on the part of the
person charged to use due care under
circumstances
2. Failure to meet the standard of due care
3. The foreseeability of harm resulting from
failure to meet the standard
4. The fact that the breach of this standard
resulted in an injury to the plaintiff
6. Errors due to family assistance
7. Administration of medicine
without a doctor’s prescription
THE DOCTRINE OF RES IPSA
LOQUITUR
 “The thing speaks for itself”
When the harm that resulted
from negligence and the
responsibility for the harm are
clear that anyone would agree
on it, the term res ipsa loquitur
is used
SPECIFIC EXAMPLES OF
NEGLIGENCE
1. Failure to report observations to attending
Physicians
2. Failure to exercise the degree of diligence
which the circumstances of the particular case
demands
3. Mistaken Identity
4. Wrong medicine, wrong concentration, wrong
route, wrong dose
5. Defects in the equipment such as stretchers
and wheelchairs may lead to falls thus injuring
the patients
CONDITIONS THAT ARE NECESSARY
FOR THE APPLICATION OF THE
DOCTRINE:
1. The accident must be a kind which ordinarily
does not occur in the absence
of someone’s negligence
2. The accident must be caused by an agency
or instrumentality within the exclusive control
of the defendant
3. The accident must not have been due to any
voluntary action or contribution on the part of
the plaintiff (injured party)
MALPRACTICE
 Impliesthe idea of improper or unskillful
care of a patient by a nurse. It also
denotes stepping beyond one’s authority
with serious consequences
EXAMPLES OF MALPRACTICE:
 Misdiagnosis of an illness, failure to
diagnose or relay diagnosis
 Birth Injuries
 Surgical Complications
 Prescription errors
 Failure to provide treatment
 Anesthesia related complications
 Failure to follow advance directive
 Failure of hospital or pharmacy to
dispense the right medicine, dosage
DOCTRINE OF FORCE MAJEURE
 It is an irresistible or superior force, one
that cannot be foreseen or prevented; a
fortuitous event, and “act of God”. No
person shall be held liable for
nonperformance of what was expected of
him/her if the cause of the
nonperformance was a force majeure (e.g.
devastating typhoons, earthquakes
and other calamities)
DOCTRINE OF
RESPONDEAT SUPERIOR
 Means “let the superior answer; let
the principal answer for the acts of his agent”
 The doctrine is founded on the principle that he
who expects to derive advantage from an act
which is done by another for him must answer for
any injury which a third person may sustain from
it. The doctrine rests upon the proposition that, in
doing the acts out of which the accident arose,
the servant was representing the master at the
time
EXAMPLES:
 The hospital will be held liable, if, in
an effort to cut down on expenses it
decides to hire underboard nurses or
midwives in place of professional
nurses, and these persons prove to be
incompetent
 The surgeon will be held responsible
in case a laparotomy pack is left in a
patient’s abdomen
INCOMPETENCE
 Is the lack of ability, legal qualifications or
fitness to discharge the required duty
 Although a nurse is registered, if in the
performance of her duty she manifests
incompetency, there is ground for
revocation or suspension of her certificate
of registration
LIABILITY OF NURSES FOR
THE WORK OF NURSING
AIDES
 Nursing aides perform selected nursing
activities under the direct supervision of
nurses. They usually given on-job-training
by the Training staff. Their responsibilities
usually pertains to the routine care of
chronically ill patients. They are therefore
responsible for their own actions.
LIABILITY FOR THE WORK
OF NURSING STUDENTS
 Under the Philippine Nursing
Act of 2002 R.A. 9173, nursing
students do not perform
professional nursing duties.
They are to be supervised by
their clinical instructors.
GUIDELINES TO AVOID
MISTAKES OF NURSING
1.
STUDENTS
Nursing students should always be under the
supervision of their clinical instructors
2. They should be given assignments that are at
their level of training , experience, and
competency
3. They should be advised to seek guidance
especially if they are performing procedure for
the first time
4. They should be oriented to the policies of the
nursing unit where they are assigned
5. Their performance should be assessed
frequently to determine their
strengths and weaknesses
6. Frequent conferences with the
students will reveal their problems
which they may want to bring to the
attention of their instructors or vice-
versa. Discussion of these problems
will iron out doubts and possible
solutions may be provided.
LEGAL DEFENSE IN
NEGLIGENCE
 The most common defense in a negligent
action is when nurses know and attain
that standard of care in giving service and
that they have documented the care they
give in a concise and accurate manner
 If the patient’s careless conduct
contributes to his own injury, the patient
cannot bring suit against the nurse.
MEDICAL ORDERS, DRUGS,
AND MEDICATIONS
 R.A. 6675 states that only validly registered medical,
dental, and veterinary practitioners, whether in
private institution/corporation or in the government,
are authorized to prescribe drugs.
 In accordance with R.A. 5921, or the pharmacy Act as
amended, all prescriptions must contain the following
information: name of the prescriber, office address,
professional registration number, professional tax
receipt number, patient’s/client’s name, age, and sex,
and date of prescription. R.A. 6675 requires that the
drugs be written in their generic names.
IV Therapy and Legal Implications
Philippine Nursing Act of 1991 Section 28
states that in the administration of
intravenous injection, special training
shall be required according to protocol
established
Board of Nursing Resolution No. 8
states that without such training and
who administers intravenous injections
to patients shall be held liable either
criminally under Sec 30 Art. VII of said
law or administratively under sec 21 Art
III or both (whether causing or not an
injury or death to the patient)
SCOPE OF DUTIES AND
RESPONSIBLITIES IN IV THERAPY
1. Interpretation of the doctor’s orders for IV
therapy
2. Performance of venipuncture, insertion of
needles, cannulas except TPN and cutdown
3. Preparation, administration, monitoring
and termination of intravenous solutions
such as additives, intravenous medications,
and intravenous push
4. Administration of blood/blood products as
ordered by the physicians
5. Recognition of solutions and medicine
incompatibilities
6. Maintenance and replacement of sites,
tubings, dressings, in accordance with
established procedures
7. Establishment of flow rates of solutions,
medicines, blood and blood components
8. Utilization of thorough knowledge and
proficient technical ability in the use/care,
maintenance, and evaluation of
intravenous equipment
9. Nursing management of total
parenteral nutrition, out-patient
intravenous care
10. Maintenance of established
infection control and aseptic
nursing interventions
11. Maintenance of appropriate
documentation, associated with
the preparation, administration
and termination of all forms of
intravenous therapy.
Telephone Orders
 Doctors should limit telephone orders to extreme emergency
where there is no alternative. The use of telephone in a non
emergency as a substitute for the physician himself can lead to
serious error and may border on malpractice.
 Nurse should read back such order to the physician to make
certain the order has been correctly written.
 Such order should be signed by the physician within 24 hours
 The nurse should sign the physician’s name per her own and
note the time and order was received
CONSENT TO
MEDICAL AND
SURGICAL
PROCEDURE
 Consent is defined as a “ free and rational act
that presupposes knowledge of the thing to
which consent is being given by a person who
is legally capable to give consent”
 Nature of consent- an authorization by the
patient or a person authorized by the law to
give the consent on the patient’s behalf.
 Informed Consent-A written consent should
be signed to show that the procedure is the one
consented to and that the person understands
the nature of the procedure
 The nurse’s responsibility in
witnessing the giving of
informed consent involves:
 (1) witnessing the exchange b/w
the client and the physician (2)
witnessing the client affix his
signature (3) establishing that
the client really understood.
ESSENTIAL ELEMENTS OF
INFORMED CONSENT:
1. The diagnosis and explanation of the condition
2. A fair explanation of the procedures to be done
and used and the consequences
3. A description of alternative treatments or
procedures
4. A description of the benefits to be expected
5. Material rights if any
6. The prognosis, the recommended care,
procedure is refused
WHO MUST
CONSENT?
Patient must consent in his own
behalf
If he is incompetent, or physically
unable, and is not in emergency
case, consent must be taken from
another who is authorized to give it
CONSENT
OF MINORS
Parents or someone standing in
their behalf, gives the consent to
medical or surgical treatment of a
minor. Parental consent is not
needed if the patient is married or
emancipated
CONSENT OF
MENTALY ILL
A mentally incompetent person
cannot legally consent to medical
or surgical treatment. The consent
must be taken from parents or
legal guardian
MENTAL COMPETENCY
 All
patients are presumed to
be competent unless declared
incompetent by a court of law.
Supporting documentation of the
patient’s behaviors, speech, decision
making and physical and mental
status are very useful in establishing
his/her mental competency
EMERGENCY
SITUATION
No consent is necessary because
inaction at such time may cause
greater injury. If time is available
and an informed consent is
possible, it is best that this be
taken to protect all the parties
REFUSAL TO
CONSENT
A patient who is mentally and
legally competent has the right to
refuse the touching of his body or to
submit to a medical or surgical
procedure no matter how
necessary, nor how imminent the
danger to his life or health if he fails
CONSENT FOR
STERILIZATION
Sterilization is the termination of
the ability to produce offsprings.
The husband and the wife must
consent to the procedure if the
operation is primarily to accomplish
sterilization. If emergency cases like
ectopic pregnancy and abruptio
MEDICAL RECORDS
 Was created as a means of
communication among health care
practitioners. Today medical records
serve two important functions: to provide
legal documentation, and obtain third
party payments (e.g. Medicare) They are
good evidence in legal suits but are not
admissible evidence against the patient.
 “ If information is not charted, it was not
done or observed”
CHARTING DONE BY
NURSING
STUDENTS
LEGAL RISKS FOR
SAFETY EQUIPMENT
The nurse should exercise
reasonable care in selecting
equipment to be used in patients.
Generally, a nurse is not liable for a
non-observable and non-
discoverable defect in the
WHAT IS A CONTRACT?
 Is
a meeting of minds between two
persons where they bind themselves
to give something or to render some
services. Practically anything could
be subjected to a contract as long as
these are not contrary to law, morals,
good customs, public order and
public policy.
Kinds of Contracts
 Formal Contracts- refers to an agreement
b/w parties and is required to be in writing.
E.g. marriage contracts
 Informal Contracts- one in which concluded
as the result of a written document where the
law does not require the same to be in writing.
 Express Contracts- The one in which the
conditions and terms of contract are given
orally or in writing by the parties concerned.
E.g. PDN under the doctrine of “facio ut des”
means I do that you may give.
 Implied Contracts- one that is concluded
as a result of acts of conduct of the parties
to which the law ascribes an objective
intentions to enter into a contract.
 Void contracts- one that is inexistent
from the very beginning and therefore
may not be enforced.
 Illegal contracts- one that is expressly
prohibited by law
Illegal Contracts
 Those that are made in protection of
the law
 Consent obtained by fraud
 Those obtained under duress
 Those obtained under undue influence
 Those obtained through material
misrepresentation
INTENTIONA
L WRONGS
A nurse may be held liable for
intentional wrongs
TORTS
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. A person who has been
wronged seeks compensation for
the injury or wrong he has
suffered from the wrong doer.
EXAMPLES OF TORT:
 ASSAULT AND BATTERY. Assault is a
unjustifiable attempt to touch another
person or even the threat of doing so
while Battery is the actual carrying out
of the threatened physical contact
 DEFAMATION of character occurs where
a person discusses another individual
in terms that diminish reputation. Libel
is written defamation. Slander is oral
Defamation
FALSE IMPRISONMENT

 Is the infringement of upon an individual’s


freedom of movement. It is making
someone wrongfully feel that he or she
cannot leave the place.
 The unjustifiable detention of a person
without a legal warrant within boundaries
fixed by the defendant by an act or violation
of duty intended to result in such
confinement.
USE OF
RESTRAINTS
 Restraints should be used
with caution and discretion.
All patients should have the
right to independence and
freedom of movement.
Restraints require a
physician’s order. If a patient
or his legal guardian refuses
to be restrained, this should
be documented in the
patient’s medical record.
INVASION OF RIGHT TO
PRIVACY AND BREACH OF
CONFIDENTIALITY
 The right to privacy is the right to be left alone,
the right to be free from unwarranted publicity
and exposure to public view as well as the right
to live one’s life without having anyone’s name,
picture or private affairs made public against
one’s will.
 Nurses may become liable for invasion of right to
privacy if they divulge information from
a patient’s chart to improper sources or
unauthorized persons
DEFAMATION
 Occurs when a person discusses another
individual in terms that diminish reputation.
 SLANDER- is oral defamation of a person by
speaking unprivileged or false words by which
his reputation is damaged
 LIBEL- is defamation by written words,
cartoons or such representations that cause a
person to be avoided, ridiculed or held in
contempt or tend to injure him in his work
CRIMES,
MISDEMEANORS, AND
FELONIES
 CRIME is defined as an act
committed or omitted in
violation of the law. Criminal
offenses are composed of two
elements: (1) Criminal Act (2)
Evil/criminal intent
 In criminal action, the state
seeks the punishment of the
wrongdoers
Conspiracy to commit a
crime
 Principals- are those who take a direct part in
the execution of the act, who directly force or
induce others to commit it; or who cooperate in
the commission of the offense by another act
without which it would not have been
accomplished.
 Accomplices- are those who, not being
principals, cooperate in the execution of the
offense by previous and simultaneous act.
 Accessories- are those who, having the
knowledge of the commission of the crime.
Assisting the offender to profit from the crime
either by disposing the body, concealing or
assisting in escape of the principal of the crime.
Criminal Actions
 Deal with acts or offenses against public
welfare.
 Misdemeanor- a general name for
criminal offense which does not in law
amount to felony.
 Felony- a public offense for which a
convicted person is liable to be
sentenced to death or be imprisoned in
a penitentiary or prison. It is committed
with deceit and fault.
Criminal Negligence
 Reckless Imprudence- when a
person does an act or fails to do
involuntary without malice, from
which damage results immediately.
 Simple Imprudence- means that
the person or nurse did not use
precaution and the damage was
not immediate or the impending
danger was not evident or manifest
Criminal Intent
 Is the state of mind of a person at the
time the criminal act is committed, that
is, he/she knows that an act is lawful and
still decided to do it anyway.
 Deliberate intent includes two other
elements without which there can be no
crime. These are freedom and
intelligence.
 When a person accused of the crime
offers evidence showing insanity,
necessity, compulsion, accident, or
infancy the court will decide if he did not
commit a criminal offense and will
declare the person not guilty.
Classes of Felonies
 Felonies are classified according to degree of
the acts of execution
 Consummated- when all the elements
necessary for its execution and
accomplishment are present.
 Frustrated- when the offender performs all the
acts or execution which will produce the felony
as a consequence but which nevertheless, do
not produce it by reason of causes
independent of the will of the perpetrator.
 Attempted- when the offender commences the
commission of the same directly by overt acts,
and does not perform the acts which shall
produce the felony.
 Consummated felonies as well as attempted
and frustrated are all punishable by law.
Felonies according to degree of
punishment
 Grave Felonies- are those to which the law
attaches the capital punishment or penalties which
in any of their periods are afflictive. (imprisonment
ranging from 6 yrs and 1 day with fine not exceeding
P6,000)
 Less Grave Felonies- are those which the law
punishes with penalties which in their maximum
period are correctional (imprisonment ranging from
1 month and 1 day to 6 yrs or fine not exceeding
6,000 but not below 200)
 Light Felonies- are those infractions of law for the
commission of which the penalty of “arresto menor”
(imprisonment for 1 day to 30 days or a fine not
exceeding 200 or both of which are imposed)
Circumstances
Affecting Criminal
Liability
PREPARED BY:
ailyn brillo pineda
Circumstances
affecting Criminal
Liability

J-E-M-A-A
Circumstances affecting Criminal
Liability
 Justifying
Circumstances
SELF-DEFENSE
These are the defenses in
which the accused is
deemed to have acted in
accordance with the law
and therefore the act is
lawful. Since the act is
lawful, it follows that there
is no criminal, no criminal
liability and no civil liability
Justifying Circumstances
A person may not incur criminal liability under the following
circumstance:
 There is no mens rea or criminal intent
 The circumstances pertain to the act and not to the actor. Hence all
who participated in the act will be benefited. Thus if the principal is
acquitted there will be no accomplices and accessories.
 These apply only to intentional felonies, not to acts by omissions or
to culpable felonies or to violations of special laws
 When he acts in defense of his rights
 When he acts in defense of his relatives rights
 When he acts in defense of a strangers rights and that the person
defending is not induced by revenge or evil motives.
 When any person who, in order to avoid an injury does an act which
causes damage to another provided that an evil sought to be
avoided actually exists.
 When he acts in the fulfillment of a duty or in lawful exercise of a
right or office.
Circumstances affecting Criminal
Liability
 ExemptingCircumstanc
es

These are defenses where


the accused committed a
crime but is not criminally
liable. There is a crime,
and there is civil liability 
but no criminal.
Exempting Circumstances
There are certain circumstances under which the law exempts a person
from criminal liability
 The basis is the lack of any of the elements which makes the
act/omission voluntary, i.e. freedom, intelligence, intent or due care.
 These defenses pertain to the actor and not the act. They are personal to
the accused in whom they are present and the effects do not extend to
the other participants. Thus if a principal is acquitted, the other
principals, accessories and accomplices are still liable.
 They apply to both intentional and culpable felonies and they may be
available in violations of special laws.
 An imbecile or an insane person, unless the latter has acted during a
lucid interval
 A person under nine years of age
 A person over nine years of age and under fifteen unless he acted with
discernment.
 A person while performing a lawful act with due care causes an injury
which is merely an accident.
 Any person who acts under the compulsion of an irresistible force
MITIGATING CIRCUMSTANCES
 Are those which do not constitute justification or
excuse of the offense in question, but which, in
fairness and mercy, may be considered as
extenuating or reducing the degree of moral
culpability.
1. Circumstances which are otherwise justifying or
exempting were it not for the fact that all
requisites necessary to justify the act or to
exempt the offender from criminal liability in the
respective cases are not attendant
2. When the offender has no intention to commit
so grave a wrong as the one committed
3. When the offender is under eighteen years of
age or over 70 years old
4. When sufficient provocation or threat on the part of the
offended party immediately precedes the act
5. When the act is committed in the immediate vindication of a
grave offense to the one committing the felony, his/her
spouse, ascendants, descendants, legitimate, natural or
adopted brothers, or relative by affinity within the same
degree
6. When a person acts upon an impulse so powerful as
naturally to have produced an obfuscation
7. When the offender voluntarily surrenders himself to a
person in authority or confesses before the court prior to
the presentation of the evidence for the prosecution
8. When the defender is deaf and dumb, blind or otherwise
suffering from physical defect
AGGRAVATING
CIRCUMSTANCES
 Are those attending the commission of a crime and
which increase the criminal liability of the offender
or make his guilt more severe.
1. When the offender takes advantage of his public
position
2. When the crime is committed in contempt of or with
insult to public authorities
3. When the act is committed with insult or disregard
of the respect of the offended party on account of
his rank, age, sex
AGGRAVATING
CIRCUMSTANCES
4. When the act is committed with abuse or
confidence or obvious ungratefulness
5. when a crime is committed in a place of worship
6. When the crime is committed on the occasion of a
conflagration, shipwreck, earthquake, epidemic or
other calamity or misfortune
7. When the crime is committed in consideration of a
price, reward or promise
8. When the crime is committed by means of
inundation, fire, poison, explosion, standings of a
vessel or intentional damage
AGGRAVATING
CIRCUMSTANCES
9. When the act is committed
with evident premeditation
or after unlawful entry
10. When craft, fraud, or
disguise is employed
when the wrong done in the
commission of the crime is
deliberately augmented by
causing other wrongs not
necessary for its commission
ALTERNATIVE CIRCUMSTANCES
 thosewhich may either
be appreciated as
mitigating or
aggravating according
to the nature and
effects of the crime and
other conditions
attending its
commission.
LACK OF EDUCATION IS NOT
MITIGATING IN:
1. Rape
2. Forcible abduction
3. Arson
4. Treason
5. In crimes against chastity like seduction
and acts of lasciviousness
6. Those acts committed in a merciless or
heinous manner
MORAL TURPITUDE

 is an act of baseness, vileness or


depravity in social or private
duties which a man owes to his
fellow man or to society in
general, an act contrary to the
accepted and customary rule of
right and duty between men
MURDER

- is the unlawful killing of a


human being with intent to
kill. It is a very serious crime.
Nurses should keep in mind
that death resulting from a
criminal abortion is murder.
Euthanasia is also
considered murder.
HOMICIDE
- is the killing of a human being in
another. It may be committed
without criminal intent, by any
person whom kills another, other
than his father, mother, or child or
any of his ascendants or
descendants, or his spouse, without
any of the circumstances attendant
the crime of murder enumerated
above being present.
ABORTION

- is illegal according to the


revised penal code. The
patient should assume
responsibility for her
abortion. She should be
made to sign a statement
relieving the hospital and
its personnel from liability
 INFANTICIDE- IS THE KILLING OF A CHILD LESS
THAN THREE DAYS OF AGE. The mother of the
child who commits this crime shall suffer
penalty of imprisonment ranging from two years
and four months and 1 day to 6 years
 PARRICIDE- is a crime committed by one who
kills her/his father, mother or child whether
legitimate or illegitimate, or any of his/her
ascendants or descendants or his/her spouse.
 ROBBERY- is a crime against a person or
property
CONTROLLED
SUBSTANCES
 R.A. 6425 known as the Dangerous Drug
Act of 1972 covers the administration and
regulation of the manufacture, distribution,
dispensing of controlled drugs.
 Persons authorized to prescribe or dispense
these drugs are required to register and
have a special license for this purpose
POINTS TO OBSERVE IN ORDER
TO AVOID CRIMINAL LIABILITY
1. Be very familiar with the Philippine Nursing
Law
2. Beware of laws that affect nursing practice
3. At the start of employment, get a copy of
your job description, the agency’s rules,
regulations and policies
4. Upgrade your skills and competence
5. Accept only such responsibility that is within
the scope of your employment and your job
description
6. Do not delegate your responsibility to others
7. Determine whether your subordinates are
competent in the work are assigning them
8. Develop good interpersonal relationships with
your co-workers, whether they be your
supervisors, peers, or subordinates
9. Consult your superiors for problems that may be
too big for you to handle
10. Verify orders that are not clear to you or those
that seem to be erroneous
11. The doctors should be
informed about the patient’s
condition
12. Keep in mind the value and
necessity of keeping accurate
and adequate records
13. Patients are entitled to an
informed consent
WILLS
 It is a legal declaration of a person’s
intentions upon death.
 It is called testamentary document because
it takes effect after the death of its maker
 DECEDENT- a person whose property is
transmitted through succession whether or
not he left a will. If he left a will he is called
a TESTATOR. If a woman TESTATRIX
 HOLOGRAPHIC WILL- a will that is written
and signed by the testator
 HEIR is a person called to succession either by the
provision of a will or by operation of law
 There should be a witness who knows the handwriting
and signature of the testator explicitly declares that
the will and the signature are in the handwriting of
the testator
 ORAL WILL is also called as NUCUPATIVE WILL or
NUNCUPATION it is during the last illness, that it is
done in the place in which a he dies, that he asked
one or more witness to the will, that the will be put in
writing within a given number of days, that it be for
probate within a specified time
NURSE’S OBLIGATION IN
THE EXECUTION OF A
WILL
 The nurse should note the soundness
of the patient’s mind and that there
was free from fraud or undue
influence and that the patient was
above 18 years or of age .
 The patient should write that the will
was signed by the testator, that the
witnesses were all present at the
same time and signed the will I the
presence of the testator
LIVING WILL
 Is an individual’s signed request to be
allowed to die when life can be supported
only mechanically or by heroic measures.
 It also includes the decision to accept or
refuse any treatment, service or procedure
used to diagnose or treat his/her physical
or mental condition and decisions to
provide
ADVANCE DIRECTIVE & HEALTH
CARE PROXY
The patient designates a health care
representative, usually a member of the
family, a friend or a family physician to make
decisions for him/her when he/she is unable,
due to physical or mental incapacity, accept or
refuse treatment, service or procedure used to
diagnose or treat his/her physical or mental
condition and decisions to provide, withhold or
withdraw life sustaining measures
WHAT SHOULD A NURSE
REMEMBER ABOUT WILLS?
 A nurse especially those taking care of well-to-do
patients should remember that the main
requisite for making a will is testamentary
capacity or sanity. The person who makes a will
should at least be 18 years old and is not
prohibited by law. The will is written and should
be witnessed by three credible witnesses, unless
it is holographic will. A Holographic will is one
that is entirely written, dated and signed by
hand. There is no legal reason for the nurse to
refuse to witness the preparation of a will.
WHAT IS AN INCIDENT
REPORT
 It is an administrative report that is
required of nurses if there are
violations of standards and policies
whether or not injury occurs.
 Through incident reports, hospital
administration can monitor quality of
patient care and institute some
measures to prevent similar incidents
in the future.
COMMON LEGAL TERMS THAT A
NURSE SHOULD KNOW:
 Affidavit- is a written statement made under
oath before a notary public or other person duly
authorized
 Contempt of Court- is the willful disobedience
to, or open disrespect for, the rules of court
 Defendant- the person being accused of a
wrongdoing; the therefore needs to defend
themselves
 Day in court- the right of a person to appear in
court and be heard concerning his
compliant/defense
 Due process- is fair and orderly process which
aims to protect and enforce a person’s rights
 False Testimony- is punishable both criminal
and civil law
 Hearsay Evidence- is evidence that is derived
from something the witness heard from others
 Inquest- is the legal inquiry into the cause or
manner of a death
 Perjury- is the willful telling of a lie under oath
 Plaintiff- the person who files the lawsuit and is
seeking for a perceived wrongdoing
 Prima facie Evidence- evidence, which
if unexplained or uncontradicted would
establish the fact alleged
 Privileged Communication- statements
uttered in good faith. These are not
permitted to be divulged in court justice.
 Statute of Limitations- define the
length of time following the event during
which the plaintiff may file the lawsuit
 Subpoena- is an order that requires a
person to attend at a specific time and
place to testify as witness
 Subpoena Duces Tecum- is a subpoena
that requires a witness to bring required
papers/ documents and the like which may
be in his possession
 Summons- is a writ commanding an
authorized person to notify a party to
appear in court to answer a complaint
made against them
 Warrant- is writing from a competent
authority in pursuance of law, directing
the doing of an act, and addressed to a
person competent to do it
GOD BLESS!!!
THE END