legal responsibilities mo2k10

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Christian Anthony A. Raagas, St.N

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� That within my 30 minutes of discussion about the legal

responsibilities of health care providers, the class would be able

to:

� A. Define what is Tort

� B. Define and differentiate malpractice and negligence.

� C. Identify the elements of malpractice and negligence.

� D. Discuss the doctrines of negligence.� E. Discuss the common crimes concerning the nurse.

� F. Summarize all have been discussed.

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� A civil wrong for which remedy may be

obtained. A tort can be any of the following:

� The denial of a person·s legal right

� The failure to comply with a public duty

� The failure to perform a private duty that results in

harm to another.

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� - is a more general term referring to a deviation from

the standard of care that a reasonable and prudent

person would use in a particular set of circumstances.

� Reasonable and prudent - generally mean the

average judgment, foresight, intelligence, and skill that

would be expected of a person with similar trainingand experience

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� is a more specific type of negligence; deviations from a

professional standard of care; nurses, doctors, lawyers etc. may

be liable for malpractice.

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� In order to prove that malpractice or negligence has occurred

four elements must be established -- duty, breach of duty,

causation, and damages.

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� 1. Duty

� This is the first element that must be proven in a malpractice

case.

� In nursing, duty is the easiest to prove, especially in a hospital

setting. Since the nurse is an employee of the hospital, and the

patient is a "captive audience", duty arises.

� Duty in nursing usually involves standard of care for a nurse.

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� 2. Breach of duty

� once the standard of care has been established and a legalduty is shown, the injured party must prove that a breach of

this duty has occurred.

� For example water spilled in a hospital corridor may

result in a fall. Therefore the water should be

removed as soon as it is seen by whoever sees it first.

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� . Causation

�

proving causation, the third criterion of negligence can bedifficult. Causation means that the injury must have been

actually caused by the breach of duty.

two subconcepts:� Cause in fact - the cause of the damage was the breach of

duty. If it were not for the breach of duty, the injury would not

have occurred.

� Proximate cause -refers to legal cause - what the courts will

consider as a basis for liability.

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� 4. Damages

�- In order to recover damages in a malpractice action, actualdamages must have occurred to the injured party. In most cases

it is impossible to restore the patients to their original physical

condition. Therefore financial damages are awarded.

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� 1. RES IPSA LOQUITOR

� ´the things speak for itselfµ

� the injury is enough proof of negligence

�

� 2. RESPONDEAT SUPERIOR� Let the master answer for the acts of the subordinate

� The liability is expanded to include the master as well as the employee

�

� . FORCE MAJEURE

� Irresistible force; unforeseen or inevitable event� No person shall be responsible for those events which cannot be foreseen.

� Ex. Flood, fire, earthquake

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� 1. Rape:

� a.) Ordinary rape ² forcible penetration of sex organ to a sex

organ

�b.) Sexual assault ² anything forcibly inserted to any orifice.

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� 2. MURDER- killing of another with intent

� . HOMICIDE- unintentional killing of another person

� 4. PARRICIDE -Killing of a person to whom you have a

relationship:

� father

� mother

� brothers/sisters

� ascendants

� descendants

�

spouse

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� 5. ABORTION- termination of product of conception before

the age of viability.

� 6. INFANTICIDE - the killing of an infant less than three days

or 72 hours

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� 7. ROBBERY - Anyone who gets the personal property of

another with the use of force, violence or intimidation.

� 8. THEFT- -anyone who gets the personal property of another

without the latter·s permission.

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� 9. SIMULATION OF BIRTH

� Pretend that a woman gave birth

� Substitution or exchanging of babies in the nursery

� Intentionally putting wrong information in the birth registration

form

� P.D. 651 ² Birth Registration Act - requires any person (RN,OB, midwife)

who shall assist in giving birth to report within 30 days without penaltyany live birth at Local Civil Registrar·s Office

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� 10. DISPENSING OF PROHIBITED DRUGS

� R.A. 6425 (1965) ² Dangerous Drugs Act

� Prohibited ² chemicals or substances that are totally andabsolutely can·t be consumed by human being.

� Ex. Shabu, cocaine, cannabis

� Regulated ² can use this drug - with appropriate prescription -

MD with appropriated license� Ex.- Valium, dormicum

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� PENALTY FOR VIOLATING THE ACT

(For licensed health care providers )

� Fines

� Imprisonment

� Automatic revocation of license

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� A. Tort

� B. Define and differentiate malpractice and negligence.

� C. elements of malpractice and negligence.

� D. doctrines of negligence.

� E. common crimes concerning the nurse.

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TheEnd!ng