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?
Is

an 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 nonacting of which is the proximate
cause of injury to another
person to his property.

ELEMENTS OF PROFESSIONAL
NEGLIGENCE
1.

2.
3.
4.

Existence of a duty on the part of the

person charged to use due care under
circumstances
Failure to meet the standard of due
care
The foreseeability of harm resulting
from failure to meet the standard
The fact that the breach of this
standard resulted in an injury to the
plaintif

Errors due to family assistance

7. Administration of medicine
without a doctors prescription
6.

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.
2.

3.
4.
5.

Failure to report observations to attending

Physicians
Failure to exercise the degree of diligence
which the circumstances of the particular
case demands
Mistaken Identity
Wrong medicine, wrong concentration, wrong
route, wrong dose
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 someones 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 plaintif (injured party)

MALPRACTICE
Implies

the idea of improper or

unskillful care of a patient by a
nurse. It also denotes stepping
beyond ones 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 efort 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
patients 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-jobtraining by the Training staf. 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.

1.
2.

3.

4.

GUIDELINES TO AVOID
MISTAKES OF NURSING
STUDENTS
Nursing students should always be under

the supervision of their clinical instructors

They should be given assignments that
are at their level of training , experience,
and competency
They should be advised to seek guidance
especially if they are performing
procedure for the first time
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.

 The

LEGAL DEFENSE IN
NEGLIGENCE

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 patients 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, patients/clients
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.
2.
3.

4.

Interpretation of the doctors orders for IV

therapy
Performance of venipuncture, insertion of
needles, cannulas except TPN and cutdown
Preparation, administration, monitoring
and termination of intravenous solutions
such as additives, intravenous
medications, and intravenous push
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 physicians 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 patients
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

nurses 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.
2.
3.
4.
5.
6.

The diagnosis and explanation of the

condition
A fair explanation of the procedures to be
done and used and the consequences
A description of alternative treatments or
procedures
A description of the benefits to be expected
Material rights if any
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
patients 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 ofsprings.
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 nondiscoverable 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
sufered 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
individuals 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
physicians order. If a patient
or his legal guardian refuses
to be restrained, this should
be documented in the
patients medical record.

INVASION OF RIGHT TO
PRIVACY AND BREACH OF
CONFIDENTIALITY
The right to privacy is the right to be left

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 ones life without having
anyones name, picture or private afairs
made public against ones will.
Nurses may become liable for invasion of
right to privacy if they divulge information
from
a patients 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
ofenses 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 ofense by another act
without which it would not have been
accomplished.
Accomplices- are those who, not being
principals, cooperate in the execution of the
ofense by previous and simultaneous act.
Accessories- are those who, having the
knowledge of the commission of the crime.
Assisting the ofender 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 ofenses against
public welfare.
Misdemeanor- a general name for
criminal ofense which does not in
law amount to felony.
Felony- a public ofense 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
ofers evidence showing insanity,
necessity, compulsion, accident, or
infancy the court will decide if he did not
commit a criminal ofense 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 ofender 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 ofender 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
Afecting Criminal
Liability
PREPARED BY:
ailyn brillo pineda

Circumstances
afecting Criminal
Liability

J-E-M-A-A

Circumstances afecting 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 afecting 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 efects 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 ofense 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 ofender from criminal liability in
the respective cases are not attendant
2. When the ofender has no intention to commit
so grave a wrong as the one committed
3. When the ofender is under eighteen years of
age or over 70 years old

4.
5.

6.
7.

8.

When sufficient provocation or threat on the part of

the ofended party immediately precedes the act
When the act is committed in the immediate
vindication of a grave ofense to the one
committing the felony, his/her spouse, ascendants,
descendants, legitimate, natural or adopted
brothers, or relative by affinity within the same
degree
When a person acts upon an impulse so powerful
as naturally to have produced an obfuscation
When the ofender voluntarily surrenders himself
to a person in authority or confesses before the
court prior to the presentation of the evidence for
the prosecution
When the defender is deaf and dumb, blind or
otherwise sufering from physical defect

AGGRAVATING CIRCUMSTANCES
Are those attending the commission of a crime
and which increase the criminal liability of the
ofender or make his guilt more severe.
1. When the ofender 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 ofended 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
those

which may either

be appreciated as
mitigating or
aggravating according
to the nature and
efects of the crime and
other conditions
attending its
commission.

LACK OF EDUCATION IS NOT

MITIGATING IN:
1.
2.
3.
4.
5.
6.

Rape
Forcible abduction
Arson
Treason
In crimes against chastity like seduction
and acts of lasciviousness
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 sufer 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.
2.
3.

4.
5.

Be very familiar with the Philippine

Nursing Law
Beware of laws that afect nursing
practice
At the start of employment, get a copy of
your job description, the agencys rules,
regulations and policies
Upgrade your skills and competence
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 patients
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 persons
intentions upon death.
It is called testamentary document
because it takes efect 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

NURSES OBLIGATION IN
THE EXECUTION OF A
WILL
The nurse should note the soundness
of the patients 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 individuals 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 wellto-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 persons
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
Plaintif- 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 plaintif 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