hari far eastern university

8/8/2019 Hari Far Eastern University

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FAR EASTERN UNIVERSITYInstitute of NursingAY 2010 - 2011

RESOURCE UNIT IN

NURSING ETHICS & JURISPRUDENCENF Caizares, BSN, RN, MANNURSING ETHICSMain Concept:

Nursing Ethics is concerned with the principles and right conduct asthey apply tothe nursing profession. It reinforces the nurses ideals and motives inorder to

maximize the affectivity of their service.Nursing Jurisprudence is that department of law which comprises allthe legal rulesand principles affecting the practice of nursing. Italso includes the interpretation ofallthese rules and principles and their application to the regulation of the practice ofnursing.

Course Objectives:

At the end of 20 hours, the students should:1. Be sensitive to ethical considerations and face ethical issues andresponsibility in

health care, community work, and public issues.Specifically, the student will be able to:a.Explain bioethical concepts and principles and integrate them inclinical practice.b.Apply the steps in ethical decision-making when given an ethical

issuec.Analyze common bioethical issues affecting nursing practice

2. Be able to integrate a basic understanding of nursing law, develop skills in theapplication of legal, ethico-moral principles in nursing practice and recognize theimportance of these principles in the nursing profession.


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DEFINITION OF TERMS

1.Profession an occupation or calling requiring advance training and experience insome specific or specializedbody of knowledge which provides service to society inthat specific field.

2.Vocation an occupation of calling.3.Ethics refers to a standard to examine and understand moral life.4.Morality refers to social consensus about moral conduct for human

beings and

society.

5.Professional Ethics a branch of moral science concerned with theobligations

thata member of the profession owes to the public.6.Health Care Ethics the division of ethics that relates to human health.

7.Bio-Ethics a specific domain of ethics that focuses on moral issues in the field ofhealth care.

8.Nursing Ethics related to all the principles of right conduct as they applyto the

profession.

9. Nursing Profession the performance for a fee, salary or other reward orcompensation or professional nursing service to individuals, families and communitiesin various stages of development. The promotion of health, prevention of diseases,restoration of health andalleviation of suffering thru:

Utilization of Nursing Process

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Establishment of connection with community resources

Motivation of individuals, families and communities

Participation in teaching guidelines and supervision Undertaking nursing and health manpower

development

ETHICAL APPROACHESA. Teleological Approach orAct of Utilitarianism


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Teleology comes from the Greek word telos or goal or end.

This is expressed as the right thing to do is the good thing to do.

The teleologicalapproach is also termedas act utilitarianism where the good resides

in the promotion of happiness or the greatest net increase of pleasure over pain.Guidelines for makingethicaldecisions:

1. Consideration for people as human beings;2. Consideration of consequences;3. Proportionate good to come from choices;4. Propriety ofactual needs over ideal or potential needs;5. A desire to enlarge choices and reduce chance; and6. A courageous acceptance of the consequence of the decision.B. Deontological Approach or Duty-Oriented Theory

The basic rightness or wrongness of an act depends on the intrinsicnatures rather

than upon the situation or its consequences.

The word deontology came from the Greek word deon which meansduty.C. Virtue Ethics Approach

Virtue Ethics, known as aretaic ethics (from the Greek word arte) isfocused

primarily on the heart of the person performing the act.It focused on the traits and virtues of a good person such as courage,temperance,wisdom and justice.

Intellectual virtue is the power to deliberate about things good for oneself.

Moral virtues must be lived over time in order to be learned.

D. Divine Command Ethics

Is based on the theory that there is a Supreme or Divine being that sets downtherules to provide guidance to moral decisions.

UNIVERSAL PRINCIPLES OF BIOMEDICAL ETHICS

A. Autonomy


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Comes from the Greek word autos meaning self and nomos meaninggovernance.

It involves self-determination and freedom to choose and implement onesdecision, free from deceit, duress, constraint or coercion.

B. Veracity

To maximize the efficiency of health care, the patient and the health care

providers are bound to tell the truth.

The patient has the responsibility to provide, to the best of his knowledge,

accurate and complete information about his complaints, past illness,NFC JUNE 2010

3previous hospitalizations, medications taken, allergies, religious restrictions,and other matters relevant to his health.

C. Beneficence / Peace Education

The principle of beneficence promotes doing acts of kindness and mercythat directly benefit the patient.

These acts promote the health of the patient, prevent illness or

complications,alleviate suffering andassist towards peaceful death if theinevitable comes.D. Nonmaleficence

Is stated as an admonition in the negative form to remind health

practitioners to do no harm.

E. Justice

Refers to the right to demand to be treated justly, fairly and equally.

IMPORTANCE OF ETHICAL CODES

1. It is a systematic guide for developing ethical behavior.2. It answers normative questions of what beliefs and values should bemorallyaccepted.

NURSING CODE OF ETHICS

1. Importance:


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It strongly emphasizes the four-fold responsibility of nurse, the universality of thenursing practice, the scope of their responsibilities to the people they serve, to theirco-workers, to societyand environment,and to their profession.

2. Brief History:

a. 1982

The Philippine Nurses Association Special Committee, under the chairmanship ofDean Emeritus Julita V. Sotejo, developeda Code of Ethics for Filipino nurses.b. 1984

The Board of Nursing, Professional Regulation Commission adopted the Code ofEthics of the International Council for Nurses through Board Resolution No. 633adding promotion of spiritual environmentas the fifth- fold responsibility of the nurse.

This was enforced up to 1989.c. 1989

The Code of Ethics promulgatedby the Philippine Nurses Association was approvedby the Professional Regulation Commission and through Board Resolution No. 1955was recommended for use.

This was approved by the general assembly of the Philippine NursesAssociation during the Nurses Week convention on October 25, 1990.3. Amended Code of Ethics for Nurses

a. Pursuant to Section 3 of Republic Act No. 877, known as the Philippine Nursing Law,and Section 6 of PD No. 233, the amended Code of Ethics for Nurses recommendedand endorsed by the Philippine Nurses Association was adopted to govern the

practice of nursing in the Philippines.NFC JUNE 2010

4b. The Code was adopted under Republic Act 9173 and promulgated by theBoard of Nursing under Resolution No. 220 Series of 2004 last July 14, 2004.

PRINCIPLES:1.

Nurses and People

2.Nurses and Practice3.


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Nurses and Co-Workers4.

Nurses and the Society

a.

Contributing members of the societyb.Awareness for the call for change5.

Nurses and the Profession6.Responsibility of the Nurse to Patient

7.Responsibility of the Nurse to the Physician

8.Responsibility of the Nurse to her Colleagues9.

Responsibility of the nurse toward themselves

THE ICN CODE FOR NURSES [2006] & THE UNIVERSAL

PRINCIPLES IN NURSING

1. Nurses and People

Nursing care

Environment that respects the rights, values, and spiritual beliefs of patients

Informed consent/ information dissemination

Confidentiality

2. Nurses and Practice

Responsibility and accountability for nursing practice and the maintenanceof competence

Standard of care wherein the ability to provide care is not compromised

Assess individual competency

Maintain standards of personal conduct

Client safety with regard to the use of technology and scientific advances

3. Nurses and the Profession


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Assume the major role in determining and implementing acceptablestandards in practice, management, education and research

Be active in developing of core of research-based professional knowledge

Participate in creating and maintaining safe, equitable, social, and economicworking conditions in nursing through professional organization4. Nurses and Co-Workers

Cooperation and collaboration

Patient Protection from co-worker or other individuals

IMPLEMENTING RULES IN THE ICN CODE OF ETHICS1. Nurses shall perform professional duties in conformity with the existing

laws andgenerallyaccepted principles of moraland ethical conductand proper decorum2. Nurses must knowresponsibilities in the practice of the profession3. Solicitation, direct or indirect from patients is repugnant to the honorand dignityof nursing profession that constitutes unethical conduct4. Nurses must not allow the use of their names in the promotion of anycommercial

products or service

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RESPONSIBILITIES OF THE NURSE TO THE PATIENTS

1. Give him/her the kind of care his/her condition needs regardless of his/her

race,creed, color, nationality or status.2. The patients care shall be based on needs, the physicians orders, and the

ailment.3. The nurse shall involve the patient and/or his/her family so that he/she orany ofthe family can participate in his/her care.4. Know the patients Bill of Rights.

5. Be patient advocate. Treat patient in a manner that will show concernwhether the

patient is rich or poor.

6. Nurses should not leave a patient or any agency without proper permissionor


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resignation or without relief.7. Nurses should commit themselves to the welfare of those entrusted to theircare.

PATIENTS BILL OF RIGHTS

1. The patient has the right to considerate and respectful care.

2. The patient has the right to obtain from his physician complete and current informationconcerning his diagnosis, treatment, and prognosis in terms the patient can bereasonably expected to understand.3. The patient has the right to receive from his physician information

necessary togive informed consent prior to the start of any procedure and/or treatment.4. The patient has the right to refuse treatment and to be informed of the

medicalconsequences of his action.5. The patient has the right to every consideration of his privacy concerning

his ownmedical care program.6. The patient has the right to expect that all communications and records

pertainingto his care should be treated as confidential.

7. The patient has the right to expect within its capacity, a hospital must make

reasonable response to the request of a patent for services.8. The patient has the right to obtain information as to any relationship his hospital has toother health care and educational institutions insofaras his care is concerned.9. The patient has the right to be advised if the hospital proposes t engage inor

perform human experimentation affecting his care or treatment.10.The patient has the right to expect reasonable continuity of care.11.The patient has the right to examine and receive an explanation of his bill.12.The patient has the right to know what hospital rules and regulations apply

to hisconduct as a patient.

PATIENTS RESPONSIBILITIES

1. Providing information

2. Complying with instructions3. Informing the physician of refusal to treatment4. Paying hospital charges


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5. Following hospital rules and regulations6. Showing respectand consideration

NURSES BILL OF RIGHTS

1. Nurses have the right to practice in a manner that fulfills their obligations

tosociety and to those who receive nursing care.2. Nurses have the right to practice in environments that allow them to act inaccordance with professional standards and legally authorized scopes of

practice.

3. Nurses have the right to a work environment that supports and facilitates ethicalpractice, in accordance with the Code of Ethics for Nurses and its interpretativestatements.4. Nurses have the right to freely and openly advocate for themselves andtheir

patients, without fear of retribution.

5. Nurses have the right to fair compensation for their work, consistent withtheirknowledge, experience and professional responsibilities.

6. Nurses have the right to a work environment that is safe for themselves andtheir

patients.

7. Nurses have the right to negotiate the conditions of their employment,either

individuals or collectively, in all practice settings.

NURSES RESPONSIBILITIES IN RESEARCH ON HUMAN

SUBJECTS

1. Employment in settings where research is conducted.2. Vigilant protection of human subjects rights3. Scope of Application4. Supporting accrual of knowledge5. Informed consent6. Representation of Human Rights Committee

BASIC HUMAN RIGHTS OF RESEARCH SUBJECTS

1. Right to informed Consent2. The right to refuse and/orwithdrawfrom participation3. Right to privacy


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4. Right to confidentiality oranonymity of data5. Right to be protected from harmEXPERIMENTAL SUBJECTS BILL OF RIGHTS

1. To be told about the nature and purpose of the study.

2. To be toldabout the procedures to be followed in the research study,andwhetheranyof the drugs, devices, or procedures is different from whatwouldbe used in standard

practice.3. To receive a description of any side effects, discomforts, or risks that youcanreasonably expect to occur during the study.

4. To be told of any benefits that you may reasonably expect to from theparticipation in the study, if applicable.

5. To receive a description ofanyalternative procedures, drugs, or devices that mightbe

helpful,and their risks andbenefits compared to the proposed, drugs or devices.6. To be told of what sort of medical treatment, if any, will be available if any

complications should arise.7. To be given a chance to ask any questions concerning the research study

both

before agreeing to participate and at any time during the course of the study.8. To refuse to participate in the research study. Participation is voluntary. You may

refuse to answerany question or discontinue your involvement atany time withoutpenalty or loss ofbenefits to which you might otherwise be entitled. Your decision will

not affect your right to receive the care you would receive if you were not in theexperiment.

RESPONSIBILITIES OF THE NURSE TO THE PHYSICIAN

Section 28(a) of RA 9173 states that: It shall be the duty of the nurse to:

(a) Provide nursing care through utilization of the nursing process. Nursing care includes,but not limited to, traditionaland innovative approaches, therapeuticand innovativeapproaches, thera peutic use of self, executing health care techniques and

procedures, comfort measures, health teachings, and administration of written prescription for treatment, therapies, oral, topicaland parental medications, internalexamination during labor in the absence ofantenatalbleeding and delivery. In case ofsuturing or perineal laceration, special training shallbe providedaccording to protocolestablished.RESPONSIBILITIES OF NURSES TO THEIR COLLEAGUES

1. Establish good working relationships with co-workers.


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2. Nurses shall adjust themselves to the organization and know its policiesand

procedures.

RESPONSIBILITIES OF NURSES TO THEMSELVES

1. Develop their own skills.2. Their conduct mustbring credit to the profession.3. They shall endeavor to live a life thatwill uphold their self-respect.4. Wear uniform with respectand dignity(clean, neat hair style, moderate make-up,without jewelries)5. Must act in a manner that is worth emulating especially while they are on

duty.Special Concepts and Principles which Guide Client-health ProfessionalRelationship

1. Right to Health Care2. Right to Informed Consent3. Promise Keeping (Fidelity)4. Truth-Telling (Veracity)5. Confidentiality

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RESPONSIBILITIES OF THE NURSE TO THE PHYSICIAN

Section 28(a) of RA 9173 states that: It shall be the duty of the nurse to:

(a) Provide nursing care through utilization of the nursing process. Nursing care includes,but not limited to, traditionaland innovative approaches, therapeuticand innovativeapproaches, thera peutic use of self, executing health care techniques and

procedures, comfort measures, health teachings, and administration of written prescription for treatment, therapies, oral, topicaland parental medications, internalexamination during labor in the absence ofantenatalbleeding and delivery. In case of

suturing or perineal laceration, special training shallbe providedaccording to protocolestablished.RESPONSIBILITIES OF NURSES TO THEIR COLLEAGUES

1. Establish good working relationships with co-workers.2. Nurses shall adjust themselves to the organization and know its policiesand


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procedures.

RESPONSIBILITIES OF NURSES TO THEMSELVES

1. Develop their own skills.2. Their conduct mustbring credit to the profession.

3. They shall endeavor to live a life thatwill uphold their self-respect.4. Wear uniform with respectand dignity(clean, neat hair style, moderate make-up,without jewelries)5. Must act in a manner that is worth emulating especially while they are onduty.Special Concepts and Principles which Guide Client-health Professional

Relationship

1. Right to Health Care2. Right to Informed Consent

3. Promise Keeping (Fidelity)4. Truth-Telling (Veracity)

5. Confidentiality

MORAL PRINCIPLES

1. The Golden Rule2. The Two-fold Effect3. The Principle of Totality4. Epikia

5. One who acts through an agent is himself responsible

6. No one is obliged to betray himself/herself7. The end does not justify the means8. Defects of nature maybe corrected9. If one is willing to cooperate in the act, no justice is done to him/her10.A little more or less does not change the substance ofan act11.The greatest good for the greatest number12.No one is held to the impossible13.The morality of cooperation14.Principle relating to the origin and destruction of life

The Good Samaritan Law

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It is based on the biblical story ofa man who aidedan injured person who waswaylaidby thieves andwas left half-dead. A nurse, therefore,who renders firstaid or


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treatmentat the scene ofan emergencyandwho does so within the standard of care,acting in good faith, is relieved of the consequences of the act.LAWS AND ORGANIZATIONS PROTECTING NURSES:

1. International Labor Organization Convention 149

2. ILO Recommendation 19773. International Council of Nurses4. Code of Ethics for Nurses5. Magna Carta for Health Workers (RA 7305)6. Philippine Nursing Law7. Philippine Constitution

JURISPRUDENCE

A. Definition of Terms

1.Law the sum total of rules and regulations by which society is governed.2.Jurisprudence the science of law.3.Nursing Jurisprudence that department of lawwhich comprises all the legal

rules and principles affecting the practice of nursing. Italso includes theinterpretation ofall these rules and principles and theirapplication to theregulation of the practice of nursing.4.Plaintiff the party to a civil suit who brings the suit seeking damages orother

legal relief; complainant. (ACCUSER)

5.Defendant (In criminal case) the person accused of committing a crime; (In civilsuit) the partyagainstwhom suit is brought demanding that he pays the other

party legal relief.6.Subpoena a court order requiring one to appear in court to givetestimony.

7.Summons a notice to a defendant ordering him to speak in a court at aspecified

time and date to answera complaintagainst him.8.Witness one who is called to give testimony in a court of law.

9.Felony a crime ofa serious nature usually punishable fora period of longer thanone year orby death.

10.Principal a person who takes direct part in the execution of the act.11.Accomplice - those people who notbeing principals, cooperate in execution oftheoffense by previous simultaneous acts.


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12.Legal Right a right or claim which can be enforced by legal meansagainst the

person of the community.

13.Jurisdiction the legal right or authority of a court to hear and decide on a

legalcase or controversy.

14.Legislation the act or process of making laws

Aspects ofthe Profession with Provisions with Provisions ofthe Law:

1. Examination and registration ofapplicants.2. Professional conduct of practitioners.3. Maintenance of ethicaland technical standards of the profession.4. Illegal practice of unregistered persons.

5. Exercise of powers and duties to examine applicantandadminister the lawregulating the profession.

CLASSIFICATION OF LAWS:

A. According to Source ofAuthority

1.Divine Law laws authored by God2.Human Law laws authored by menB. Groups of Human Law

1.Public Law department of lawwhich is concernedwith the state in itspolitical or sovereign capacity. It is a lawthatapplies generally to people of thestate adopting or enacting it.1.1Criminal Law treats the nature, extentand degree of every crime andadjusts to it the adequate and necessary penalty.

1.2International Law the law which regulates the intercourse of nations1.2.1Public International Law control the conduct of independent

state in their relation to each other.1.2.2Private International Law conflict law

1.3Political Law Threats the science of politics (Government) Regulates

therelation between the state and individuals that compose it.

1.3.1Constitutional Law - lawthat relates the constitution,as apermanent system of politicaland juridical government,asdistinguished from statutoryand common law,which relate tomatters subordinate to such constitution.1.3.2Administrative Law the body of rules and regulations and orders


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and decisions created by administrative agencies of government.

1.3.3 Law of Public Administration

1.3.4 Law of Public Corporation

1.4Private Law lawthat relates the private matters which do not concern

the publicat large (Administrative between citizen and citizen)1.4.1Civil Law organizing the familyand regulating property.1.4.2Commercial Law relates to the rights of propertyand the relationsof persons engaged in commerce.1.4.3Remedial Law methods of enforcing rights or obtaining redress(correcting the wrong)

THE EVOLUTION OF THE PHILIPPINE NURSING LAW

RepublicAct No. 2493 dated February 5, 1915 The first law affecting the

practice ofnursing in the Philippines. It consists of two sections:a. Sec. 7 states that every person desiring to practice nursing in the

Philippinesshall apply to the Director of Health for a Certificate of registration as anurse.

b. Sec. 8 states that it shallbe unlawful forany person to practice as a nurse in anyof its branches in the Phil. until the proper certificate of registration has beenobtained.

This is also an act that provides for the examination and registration of nursesin thePhilippines.RepublicAct No. 2808 dated March 1, 1919 an act regulating the practice ofnursing

profession in the Philippines otherwise known as the Nursing Law (this is

first consideredas the first Nursing Law).

Significance ofthis Law

The first board of examinees for nurses was created composed of three membersappointedby the Secretary of Interior (one doctor of medicine as chairman and twomembers who are registered nurses, had experience in the nursing profession foratleast five years of reputable character)The Board has the following powers:


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1. Issue and revoke certificates of registration for practitioners of the nursingprofession.2. Study the conditions affecting the practice of the nursing profession in all

parts

of the Philippines.3. Exercise the power conferred by the law to maintain efficient, ethical andtechnical standards in nursing profession.4. Promulgate regulations governing the nurse examination and standards to

beattained.RepublicAct No. 4007 dated December 5, 1931 (Reorganization Law) tookeffect theconduct of board examination and placed the direct supervision of the Bureau

of CivilService.

NURSING LAWS PASSED IN JUNE 1950

RA 465 standardized the fees charge by the examining board.

RA 546 reorganized and placed all the board examinees under the directsupervision of the Pres. of the Phil.

RA 877 dated June 19, 1953 was enacted as an entirely new law created by

theFilipino Nurses associated(NOW PNA) namely: Ms. Obdulia Kabigting as chairman;Dean JV Sutejo and Conchita Ruiz. The actwas sponsoredby Sen. GeronimaPecson.The purpose is to regulate the practice of nursing in the Philippines and to set up

provisions for the registration of the nurses for the establishmentand maintenance ofstandards of nursing education and practice.

RA 1080 dated June 15, 1954 An act declaring the BAR and BOARD OF

EXAMINATION as Civil Service ExamniationCognizant of the complexities in the Nursing Profession on 1970, the

nursing leader madsteps to re-align the nursing law a tuned times. The following event took

place:


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1975 Dean JV Sotejo called on then Pres. Marcos for the revision of the

Nursing

Lawto enable nurses to practice more effectivelyandwith legal protection with in theframework ofan expanding and changing health care delivery system (this did not

materialized). July 1977 Dr. R. Diamante worked for the decree instituting a

professional

regulation code and the proposed amendments of the Nursing Law.

May 13, 1982 Coping of the propose amendment of the Philippine

Nursing Actof 1982 was submitted to health ministerAzurin for him to sponsor at

BatasanPambansa.

These events laid the foundation for RA 7164 with Senator Heherson Alvarezasprimary sponsor. It was finally passed in the lower house and appraisal inNovember 21, 1991 by Pres. Corazon Aquino Nursing as a dynamic professioncontinues to seekways and means to make it more responsive and relevant. Thisis the prime motive for the birth of RA 9173 sponsoredby Hon. Carlos M. Padillaof the House of Representatives. Saidbillwas approved on the third meeting bythe lowHouse on August 22, 2000butwas notacted upon by the Senate.

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The counterpartbill in the Senate (SB No. 2292)with Senator Flavieras sponsor.The BMand PNA and Legislation Committee workedand put the bill in its finalform. The Pres. GM Arroyo during the 80th Anniversary of the Nurses Weekcelebration on October 21, 2002 in Manila Midtown Hotel. RA 9173 October 21, 2002 an act providing for a more responsive nursing

profession repealing for the purpose RA # 7164, otherwise known as thePhilippine

Nursing Act of 1991.

PHILIPPINE NURSING LAW (RA 9173)

Title of the law and its provision (Article I)

Declaration of Policy (Article II)

Organization of the Board of Nursing (Article III)


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Examination and Registration (Article IV)

Nursing Education (Article V)

Nursing Practice (Article VI)

Health Human Resources Production, Utilization and Development (A

rticleVII)

Penal and Miscellaneous Provisions (Article VIII)

Reference for RA 9173 Primer of RA 9173, Twelfth Congress, Second RegularSession Board of Nursing Resolution No. 425, Series of 2003, ImplementingRules and Regulation of the Philippine Nursing Act of 2002.ELEMENTS INVOLVED IN LEGAL LIABILITY:

1.Negligence refers to the commission or omission ofan act, pursuant to a duty, thata reasonably prudent person in the same or similar circumstance would orwould notdo, and acting or non-acting of which is the proximate cause of injury to another

person or his property.2.Malpractice the idea of improper or unskillful care ofa patientbya nurse; denotes

stepping beyond ones authority with serious consequences. It is the term fornegligence or carelessness of professional personnel.3.Incompetence the lack of ability, legal qualifications or fitness todischarge therequired duty.

4.Ignorance means want of knowledge.5.Moral Turpitude an act of baseness, vileness or depravity in social orprivateduties.

6.Fraud a wrong doing or misconduct, an act resulting from a willful act todeceive; deceitful practice, rules of common honesty.

7.Deceit any act. Declaration or practice which misleads a person or which

causes him to believe what is false.

8.False Statement an allegation or statement that is deceitful with intentionto

commit a fraud.

PROFESSIONAL NEGLIGENCE

A. Elements of Professional Negligence1. Existence of duty on the part of the person charged to use due care under


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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.

B.Five Legal Doctrines to Describe Professional Negligence1. Res Ipsa Loquitor three conditions are required to establish a defendants

negligence without proving specific conduct.2. Doctrine of Force Majeure - means an irresistible force, one that isunforeseen

or inevitable.3. Doctrine of Respondeat Superior let the master answer for the acts ofthe

subordinate.

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4. Captain of the Ship Doctrine5. Doctrine of Corporate Liability

TORTS a legal wrong, committed against a person or property independentof a contract

which renders the person who commits it liable for damages in a civil action.Examples of Torts:

1.Assault the imminent threat of harmful or offensive bodily contact.2.Battery an intentional, unconsented touching ofanother person.3.False Imprisonment or Illegal Detention means the unjustifiable detentionofa person without a legal warrant within boundaries fixed by the defendant byan

act or violation of duty intended to result in such confinement.

4.Invasion of Rightto Privacy and Breach of Confidentiality5.Defamation

Slander oral defamation of a person by speaking unprivileged or falsewords by which his reputation is damaged.

Libel defamation by written words, cartoons or such representations thatcause a person to be avoided, ridiculed or held in contempt or tend to injure


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him in his work.

CRIMES, MISDEMEANORS AND FELONIES

1.Crimes an act committed or omitted in violation of the law.2.Elements of Criminal Offenses:

a. Criminal Actb. Evil/ Criminal Intent

Conspiracy to commit a crime

Criminal Actions

Criminal Negligence

Criminal Intent

15CLASSIFICATION OF FELONY:A. According to Degree of the acts of Execution:

1.Consummated when all the elements necessary for its execution andaccomplishment are present.

2.Frustrated when the offender performs all the acts or execution which will producethe felonyas a consequence butwhich nevertheless, do not produce itby reason ofcauses independent of the will of the perpetrator.

3.Attempt when the offender commences the commission of the same directly overt

(open or manifest)acts,and does not perform all the acts or execution which shall produce the felony, by reason of some cause or accident other than his ownspontaneous desistance.B. According to Degree of Punishment:

1.Grave Felonies those to which the lawattaches the capital punishment(death) orpenalties which in any of their periods are afflictive (imprisonment ranging from six(6)years and one (1) day to life imprisonment not exceeding P6,000.00).

2.LessGrave Felonies those which the law punishes with penalties which in theirmaximum periodare correctional(imprisonment ranging from one month and one day

to six(6) years, ora fine not exceeding P6,000.00but not less than P200.00).3.Light Felonies those infractions of law for the commission ofwhich the penalty of

arresto menor (imprisonment for one (1) day to thirty (30) days or a fine notexceeding P200.00 orboth ofwhich are imposed). This is punishable onlywhen theyhave been consummated,with the exception of those committedagainsta person or

property.


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CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY

1. Justifying Circumstances2. Exempting Circumstances3. Mitigating Circumstances

4. Aggravating Circumstances5. Alternative CircumstancesCRIMES WHICH CONCERNS NURSES

1.Parricide a crime committed by one who kills his/her father, mother, orchildwhether legitimate or illegitimate, or any of his/her ascendants or descendantsof

his/her spouse.2.Murder the unlawful killing ofa human being with intent to kill.

3.Homicide the killing ofa human being byanother.4.Infanticide the killing ofa child less than three (3) days ofage.

5.Abortion the expulsion of the product of conception before the age of viability.6. Giving assistance to suicide7.Illegal Detention unlawful taking ofa person or propertyas in the case offorcible entry or detention.

8.Simulation of birth, substitution of one child for one another, orabandonment of a legitimate child.

9.Criminal Negligence Reckless Imprudence when a person does an act or fails to do it voluntarily

but without malice, from which material damage results immediately.

Simple Imprudence when the person or nurse did not use precaution and

the damage was immediate or the impending danger was not evident ormanifest.

Legal Responsibilities of Nursesinto the Following Areas:

A. ContractsB. Informed Consent

C. WillsD. Nursing CareE. Operation of Patients

F. Abortion CasesG. Unauthorized Discharge of Patient

Pointsto Observeby Nursesin Order to Avoid Criminal Liability


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1. Be very familiar with the Philippine Nursing Law.2. Beware of laws affect nursing practice.3. At the start of employment, get a copy of your job description, the

agencys rules,

regulations and policies.4. Upgrade your skills and competence.5. Accept only such responsibility that is within the scope of youremployment and

job description.6. Do not delegate your responsibility to others.

REFERENCES:

1. Lydia M. Venzon, RN, MAN, PhD, FPCHA and Ronald M. Venzon

Professional Nursing in the Philippines11th Edition, C&E Publishing Corp., 201010th Edition, C&E Publishing Corp., 20052. Rustico T. De Belen and Donna Vivian De Belen

Nursing Law, Jurisprudence & Professional Ethics1stEdition, C&E Publishing Corp., 20073.DOH Nursing Service Manual, 20054. Kozier, Erb, Berman and SnyderFundamentals of Nursing: Concepts, Process and Practice

8th Edition, C&E Publishing Corp5. Commission on Higher Education CHED Memorandum Order(CMO) no. 14,S. 20096. Commission on Higher Education CHED Memorandum Order(CMO) no. 30,S. 2001

hari far eastern university

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