PROF AD DAY 1
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NURSING
JURISPRUDENCE
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NURSING JURISPRUDENCE
department of law whichcomprise all legal rules andprinciples affecting the practiceof nursing.
NURSING LEGISLATION
the making of laws, or the bodyof laws already affecting thepractice of nursing.
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LAW
a rule of civil conductprescribed by the supremepower in a state commanding
what is right and prohibitingwhat is wrong.
Sum total of rules and
regulations by which society isgoverned
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TYPES OF LAW
PRIVATE OR CIVIL LAWbody of law that deals withrelationship among private
individuals PUBLIC LAW
body of law for the welfare of thegeneral public; relationshipbetween individuals and thegovernment and governmentagencies
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LEGAL RIGHT
a claim which can be enforced
by legal means against aperson whose duty is to respectit.
COURT
An agency in the governmentwherein the administration ofjustice is delegated.
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COURT MECHANISM
LAWSUIT- proceeding in courtfor a purpose.
Purpose:
Enforce a right
Redress a wrong
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QUESTION
If you think that a person has donesomething seriously wrong to you, thecorrect action to do get redress for the
injury received is to:A. systematically plan on how to have a
vindication for the damage done
B. file a lawsuit against the person for
damage
C. hire someone to take revenge for you
D. nothing, just forget about it
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PARTIES TO A CASE
Complainant VS Defendant:Civil case
Plaintiff VS Accused: Criminalcase
Witness- an individual held upon
to give necessary details eitherfor the accused or against theaccused
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The person who institutes legalproceeding is called:
A. Plaintiff
B. Respondent
C. DefendantD. Accused
QUESTION
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QUESTION
It is promulgated for thecommon good by one who haslegitimate authority:
A. Jurisprudence
B. Dilemma
C. LawD. Ethics
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QUESTION
A hospital filed a case ofdamages against a nurse forbreach of contract. Who is the
nurse in the case?
A. complainant
B. accused
C. defendant
D. plaintiff
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STATUTE OF LIMITATIONS
Refers to the length of timefollowing the event during whichthe plaintiff may file a suit.
Example:
negligence- filed within 2-3years from occurrence.
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DUE PROCESS
A fair and orderly process which aimsto protect and enforce a persons
right.
FUNDAMENTAL REQUIREMENTS
OF DUE PROCESS:1. Right to be informed
2. Right to remain silent
3. Right to competent counsel4. No use of violence, threat, torture
5. Right to know the witness face toface
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PHASES OF DUE PROCESS
PRE-TRIAL- eliminate mattersnot in dispute, agree on issues
or settle procedural matters.
TRIAL-facts are presented and
determined; law applied at theend.
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WRITTEN ORDERS OFCOURT
WRIT- legal notes from court
SUBPOENA- an order in court
Duces tecum (papers) bring
documents, objects, materials, chartto court
Ad testificandum (person) testify aswitness at a specified time and place
SUMMON- a writ commanding anauthorized person to notify a party toappear in court to answer a complaintmade against him.
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WARRANT- a writing from a
competent authority in pursuance oflaw, directing the doing of an actaddressed to a person competent to
do it
Warrant of arrest-a court order toarrest or detain a person
Search warrant- a court order tosearch for properties
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WITNESS
person giving necessary details
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Nurses as witness:
Could not divulge PRIVILEGEDCOMMUNICATION in a civil case-means that the nurse is incompetentto testify on the communicationsmade to him by the patients, all the
device given and all the informationgathered by observation during theseal of secrecy.
Exceptions:1. criminal case
2. with the patients consent3. patient sued doctor for damages
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Testimonies of Facts- factualinformation
no opinion unless an expertwitness
PERJURY- is the willful telling ofa lie under oath.
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HEARSAY EVIDENCE-rumors,not admissible in evidence
DYING DECLARATION orANTE MORTEMSTATEMENTS-consideredhearsay unless the dying person
is a victim of a crime.
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APPEALS- review of the case
by appellate court and whendecided by it, the final judgmentresults and matter is ended.
EXECUTION OF JUDGMENT
Failure to comply meanscontempt of court
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FELONIES
acts or omissions punishable bylaw.
Elements:1. Deceit-( dolo)
2. Fault-(culpa) - due toimprudence, negligence or lack offoresight/ skill
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Q: A crime can be committedwith the element of culpa if:
A. the person committed thecrime because of ignorance ofthe law
B. the person knows the actionis a crime and he chooses to doit
C. the person committed thecrime because he lacked thecompetency to act correctly
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Stages of felonies
1. Consummated all elementsexecuted, withsuccessful result
2. Frustrated all elementsexecuted but no
successful result3. Attempted not all elements
executed, nosuccessful result
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Degree of Feloniesdegree penalty fine
grave Capitalpunishment or
>6yrs & 1 day
above P6k
Less grave 1 month and 1day to 6 years
not > P 6 Kbut not
P 200
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Q: If the penalty is the deathpenalty, what is the degree of
the felony?
A. grave
B. less grave C. light felony
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Q: If the fine is exactly P200.,what is the degree?
A. grave
B. less grave C. light felony
CLASSIFICATION OF PERSONS
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CLASSIFICATION OF PERSONSCRIMINALLY LIABLE:
1. PRINCIPAL
a. By direct
participation-doer of theact
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b. By inducement-directly forceor induce others
c. By cooperation-indispensable
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2. ACCOMPLICE
-a person who cooperates
accessory before the fact-absent at the time crime iscommitted.
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3. ACCESSORY
accessory after the fact
a. Profits
b. Conceals/ destroys evidencec. Assists in the escape of the
principal
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Situation: Danaya is two-months pregnant. Her parentsdo not know this. Danaya
informed her friend Alenaabout the problem. Alenareferred Danaya to Pirena , an
abortionist. Danaya had anabortion.
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If those involved will becharged legally, who isconsidered as the principal?
a. Danaya b.Alena
c. Pirena d. None ofthem
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Who is considered as anaccomplice?
a. Danaya b.Alena
c. Pirena d. None ofthem
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If during the investigation, thepieces of evidence were notfound because Gurna the
maid of Pirena burned it.Gurna is consider as:
a. accomplice b.
accessoryc. principal d. co-principal
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A nurse is liable as anaccomplice in an abortion ifshe:
a. Assist in the escape of theoffender
b. Refers the pregnant mother to the
abortionistc. Conceals the evidence of the
crime
d. None of these
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Circumstances
affecting criminalliability
J-E-M-A-A
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JUSTIFYING SELF-DEFENSE
Unlawful aggression
Reasonable necessity Lack of sufficient provocation
Fulfillment of Duty
Obedience to an order from superior Order must be lawful
Superior acting within the scope ofpractice
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EXEMPTING Insane/imbecile
Performance of a lawful act causesinjury by mere accident
Under 9 y/o
Under compulsion of uncontrollable
force
Under impulse of uncontrollable fear
Failure to perform an act required by lawwhen prevented by some lawful cause
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MITIGATING Under 18y/o or over 70 y/o
No intention to commit so grave a wrong
Sufficient provocation/threat preceding
the act Immediate vindication of a grave offense
Voluntary surrender
Deaf & dumb/ with physical defect Suffer from such illness that diminishes
willpower
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G Treachery/taking advantage ofsuperior strength or position Price, reward, promise
Use of fire, poison, explosion
Calamities
Craft, fraud or disguiseemployed
Evident Premeditation
Cruelty
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E May increase/ decreasecriminal liability depending onthe nature and effects of the
crime
Relationship
IntoxicationDegree of instruction/
education
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DRILLS
1. Under compulsion ofuncontrollable force
2. There is sufficientprovocation
3. Act is committed with abuseof confidence
4. Fulfillment of a duty
5. Offender is over 70 years old
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6. Voluntary surrender
7. Disguise be employed
8. Defense of a stranger9. Acts under the impulse of an
uncontrollable fear
10. Offender is insane
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Q: Premeditating to commit acrime is considered as:
A. justifying
B. mitigating C. aggravating
D. exempting
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Q: When the defendant killssomeone accidentally:
A. justifying
B. exempting C. aggravating
D. mitigating
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QUESTION
A process whereby the BON onlycompel the personal attendance of awitness to bring with him to the court
books, papers and the like toelucidate the matters in issue:
A. Warrant
B. Subpoena
C. Subpoena duces tecum
D. Summons
LAWS THAT PROMOTE THE
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LAWS THAT PROMOTE THEWELFARE AND WELL-BElNGOF NURSES
P.D. 442- Labor Code
Defines among other things, hours ofwork, contract and nurse staffing in
industrial clinics
P.D. 807-Civil Service Law
Provide for the recruitment and
selection of employees in governmentservice; qualification standards;personnel evaluation system; andpersonnel discipline
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R.A. 7305- Magna Carta for PublicHealth Workers
Has provisions on benefits, rights andresponsibilities of public healthworkers
R.A. 8344 No Deposit Policy
Prohibits hospitals and clinics fromdemanding advance payments/cashdeposits before patients are admitted
or treated
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LEGAL CONCEPTS AND
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LEGAL CONCEPTS ANDISSUES IN NURSING
LIABILITY: is an obligation or debtthat can be enforced by law
A person who is liable for malpractice
is usually required to pay fordamages.
DAMAGES: refer to compensation inmoney recoverable for a loss of
damage
PROFESSIONAL
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PROFESSIONALNEGLIGENCE
Negligence failure to dosomething which a reasonable &prudent person should have
done. 2 types:
1. Commission wrong doing
2. Omission total neglect ofcaredidnt do anything
ELEMENTS OF
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ELEMENTS OFNEGLIGENCE
4DS
Duty for nurse
Dereliction (breach of duty)Damages as result
Direct result (injury, harm or
death)
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OR
An injury incurred within the
Breadth of duty of the nursewhere
Cause of injury is the failure toperform the
Duty!
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SPECIFIC EXAMPLES
Burns resulting from hot water bags, heatlamps, vaporizers, sitz bath
Objects left inside the patients body;sponges suction tips
Falls of the elderly, confused, unconscious,sedated patients
Falls of children whose bed rails were notpulled up and locked
Mistaken identity- drug given to the wrongpatient
Wrong medicine, wrong concentration,wrong route, wrong dose
Defects in the equipment
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QUESTION
Which of the following situations would
possibly cause a nurse to be sued due tonegligence?A. Nurse gave a client wrong medication,and an hour later, client complained ofdyspnea
B. While preparing a medication, the nursenotices that instead of 1 tablet, she put twotablets into the clients medicine cup
C. As the nurse was about to administermedication, the client questioned why the
medication is still given when in fact thephysician discontinued it.D. Nurse administered 2 tablets ofanalgesic instead of 1 tablet as prescribed.Patient noticed the error and complained.
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QUESTION Wilfred, 30 years old male, was brought to the
hospital due to injuries sustained from avehicular accident. While being transported tothe X-ray department, the straps accidentallybroke and the client fell to the floor hitting tohis head. In this situation, the nurse is:
A. not responsible because of the doctrine ofrespondent superior
B. free from any negligence that caused harmto pt.
C. liable along with the employer for the use ofa defective equipment that harms the client
D. totally responsible for the negligence
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QUESTION
Which of the following statements if made bythe nurse, would you consider him/her as aprudent nurse?
A. careful giving of medication in a central
line
B. very cautiously asks supervision all thetime
C. follows the doctors order even when she
thinks it is wrong
D. questions wrong order of the doctor
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QUESTION
Which of the following actions by anurse would be considerednegligence?A. Playing cards with an 8 y/o boy
with diabetesB. Instructing a 6 y/o asthmatic toblow on a pin wheelC. Massaging the abdomen of a 5
y/o with Wilms tumorD. Obtaining a blood test on a 6 dayold infant
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QUESTION
A nurse may be found negligent if:
1. a patient is injured
2. the nurse did not follow the
standard3. failure to do the duty
4. the injury incurred by the pt. is
foreseeableA. 1,2,3 C. 1,2,4
B. All of the above D. 2,3,4
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QUESTION
Monica shared with the interviewerher most recent experiences about arestless pediatric patient whom sheputs up the side rails of the bed to
prevent accidental falls. Which of thefollowing attributes is shown byMonica?A. ResourcefulnessB. PrudenceC. HonestyD. Reliability
DOCTRINES OF
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DOCTRINES OFNEGLIGENCE
1. RES IPSA LOQUITOR- the things speak for itself
- the injury is enough proof of
negligence2. RESPONDEAT SUPERIOR
- Let the master answer for the actsof the subordinate
- The liability is expanded toinclude the master as well as theemployee
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3. FORCE MAJEURE
- Irresistible force; unforeseen orinevitable event
- No person shall be responsible forthose events which cannot be
foreseenEx. Flood, fire, earthquake
INCOMPETENCE: lack of ability,legal qualifications or fitness todischarge the required duty
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QUESTION
One of the important conditionsthat must be present in a negligentact to be considered as forcemajeure is:
A. The nurse is unable to predict thepossible occurrence of the actionhence, she cant prevent it
B. The injury is within the domain ofnursing practice
C. The patient did not voluntarilyparticipate in the actionD. The superior is also accountable for
the action
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QUESTION
When a staff nurse gives the wrongmedication to her patient, the headnurse and supervisor are also
made responsible for the error.This is based on what doctrine?
A. Respondent superior
B. Good Samaritan Act
C. Res ipsa loquitur
D. Force majeure
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QUESTION
When a nurse causes an injuryto the patient and the injurycaused becomes the proof ofthe negligent act, the presence
of the injury is said to exemplifythe principle of:A. Force majeure
B. Respondeat superiorC. Res ipsa loquitur
D. Holdover doctrine
MALPRACTICE
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MALPRACTICE
Doing acts or conducts that are notauthorized or licensed or competentor skilled to perform, resulting toinjuries or non-injurious
consequences Stepping beyond ones authority
Negligent act committed in thecourse of professional performance
RN exceeding the scope of nursingpractice & does an MDs job.
ELEMENTS OF
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ELEMENTS OFMALPRACTICE
Duty of the nurse
Dereliction or breach of duty
Direct result (injury or harm)
Damages
Exceeds the limits of thestandards of care
Foreseability of harm
MEDICATIONS &
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MEDICATIONS &PRESCRIPTIONS
1. Only registered medical, dental andveterinary practitioners areauthorized to prescribe drugs.
2. Prescription information (based on
R.A. 5921 of the Pharmacy Act)- allprescriptions must contain thefollowing information: Name of MD, PTR, PRC#, location of
clinic/ hospital
Name of patient, age, sex Information about drug frequency
duration Generic & brand name in prescription
R A 6675 G i A t f 1988
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R.A. 6675- Generics Act of 1988 All prescribed drug must be written in generic and
brand names or generic name but never thebrand name alone
Purpose: for the pt. to choose what brand theywant
3. Know rights in giving meds
4. Proper identification of pts name5. In cases of doubts and errors in medication,
refer to the physician.
6. Special training is required before a nurse
can administer IV injection.BON Resolution No. 8 states that whoadministers IV injection without training shallbe held liable whether causing or not aninjury or death to the patient)
7 Verbal or telephone order
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7. Verbal or telephone order
General rule:as possible avoid T.O.
whatever is not written is not an order
Exception:During extreme emergency only!
What to do?
1. Nurse should read back such order to thephysician to make certain the order hasbeen correctly written.
2. Such order should be signed by thephysician within 24 hours.
3. The nurse should sign the physiciansname per her own and note the time andorder was received.
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QUESTION
A telephone order is given for a client in
your ward. What is your most appropriateaction?
A. Copy the order on to the chart and signthe physicians name as close to his
original signature as possibleB. Repeat the order back to the physician,copy onto the order sheet and indicate thatit is a telephone order
C. Write the order in the clients chart and
have the head nurse co-sign itD. Tell the physician that you can not takethe order but you will call the nursesupervisor
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QUESTION
In an extreme situation andwhen no other resident or internis available, should a nurse
receive telephone orders, theorder has to be correctly writtenand signed by the physicianwithin:
A. 24 hours C. 48 hoursB. 36 hours D. 12 hours
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INTENTIONAL WRONGS
TORTS: A legal wrong,committed against a person orproperty
TYPES:
1. Unintentional- do not require
intent but do require the elementof harm.
Ex. Negligence and malpractice
2 Intentional- the act was done on
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2. Intentional the act was done onpurpose or with intent; noharm, injury or damage isneeded to be liable.
A. ASSAULT AND BATTERY
ASSAULT- an attempt or threat totouch another personunjustifiably; mental or
physical threatEx.- forcing a pt. to take his
medication or treatment
BATTERY- physical harm throughillf l hi f l hi
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willful touching of person or clothingwithout consent.Ex.giving of injection without ptsconsent
2. FALSE IMPRISONMENT- Unjustifiable detention of a personwithout a legal warrant- occurs when the person is notallowed to leave a health care facilitywhen there is no legal justification to
detain the client.- occurs when restraining devicesare used without an appropriateclinical need.
3 INVASION OF PRIVACY
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3. INVASION OF PRIVACY
Right to privacy is the right to be
left alone Right to be free from unwarranted
publicity
Exposure to public view
Divulge information from patients
chart to improper sources orunauthorized person
PRIVILEGEDCOMMUNICATION:Statements uttered in good faith; notpermitted to be divulged in court of
justice
Exceptions: Confidential
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Exceptions: Confidentialinformation can be revealed!
Pt. consent, if there is
Inform HCT for precautionarymeasures
Crimes, child abuse, BWS
Communicable disease- R.A.3573 (Law on Notifiable
Diseases)Ethics
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4. DEFAMATION Character assassination
There must be a third person whohears or read the comment before itcan be considered defamation
TYPES:
Slander-oral defamation
Libel-written words
Q S O
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QUESTION
The nurse writes the followingnote in the clients chart, thephysician is incompetent
because he ordered the wrongdrug dosage. This statementmay lead to a charge of:
A. Assault
B. Slander
C. Libel
D. Invasion of privacy
QUESTION
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QUESTION
Doing a nursing procedurewithout the patients informed
consent may bring the health
professional to the court of lawfor what violation?
A. Tort C. Negligence
B. Assault D. Battery
QUESTION
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QUESTION
Two janitors are having a heatedargument as to who shall disposethe waste of a patient with typhoidfever. The first one called the other
lazybone and pain in the neckwithin the hearing of the rest of thenurses. The case is:
A. Libel
B. SlanderC. Invasion of privacy
D. Negligence
QUESTION
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QUESTION
Allowing a person who is in noway involved in the care of thepatient to read the patients
chart constitutes which of thefollowing violations:
A. Invasion of pts privacy
B. Breach of trust
C. Malpractice
D. Violation of pts dignity
QUESTION
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QUESTION
Which of the following personscannot have the access to thepatient record?
A. physical therapist
B. lawyer of the family
C. the patient
D. speech therapist
QUESTION
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QUESTION
It is unethical to tell ones friendsand family members data aboutthe patient because doing so is
a violation of patients rights to:A. Informed consent
B. Confidentiality
C. Least restrictive environment
D. Civil liberty
QUESTION
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QUESTION
Should the accusation be writtenin the newsletter of the hospital,such liability is a/an:
A. Assault
B. Libel
C. Slander
D. Battery
QUESTION
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QUESTION
Confidentiality of patients identityand condition is one of the nursingresponsibilities in the hospital.Which of the following reasons caninformation be given without patientconsent EXCEPT:
A. Patient is charged with a crime
B. Patient has a TBC. Patient is a victim of child abuse
D. Patient with cancer
RESTRAINTS
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RESTRAINTS
Restraints are protective devicesused to limit the physical activity of aclient or to immobilize a client or anextremity.
TYPES: Physical restraints: restrict clients
movement through the application ofa devicee.g. restraint jacket, straps,
Chemical restraints: Medicationsgiven to inhibit a specific behavior ormovement.e.g. sedation, psychotrophic drug
RESTRAINTS SHOULD NOT
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BE USED PRN!!!
R-equires physicians order; consent
E-mergency, get MDs order ASAP
S-hortest duration, least restrictive type
T-o protect pt. and others
R-enew order every 24 hours
A-ssess every 15 to 30 minutes anddocument
I-ndividualized supervision
N-ever used as a punishmentT-otal documentation
S-eclusion as last step
ALTERNATIVES TO
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RESTRAINTS
Before restraints offer explanations, asksomeone to stay with the client, use clocks,calendars, TV & radio (to decreasedisorientation) or any relaxationtechniques.
Use LESS restrictive methods first.RESTRAINTS should always be the last.
Assign confuse and disoriented clients torooms near the nurses station.
Maintain toileting routines & instituteexercise and ambulation schedules as theclient condition allows.
QUESTION
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QUESTION
The nurse noticed that restrainingpatients is a common practice. Which ofthe following should she remember?A. Restraints are necessary so that thenurse could do more work for patients
B. Use of restraints is an effectiveintervention
C. Restraints require a physiciansorder
D. Refusal to be restrained is a groundfor terminating the nurse-patientrelationship
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CRIMES & OTHER ACTS
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CRIMES & OTHER ACTS
CRIME: An act committed or omittedin violation of the law
Two elements:
Criminal act Evil/criminal intent
Criminal Actions
Acts or offenses against public welfare
Misdemeanor- offenses or acts lessthan a felony
Felony- a public offense committed withdeceit and fault
Criminal negligence
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Criminal negligence
Reckless imprudence- person does an actfrom which damage results immediately
Simple imprudence- did not useprecaution and the damage was notimmediate
CLASSIFICATION
1. Manner of commission:
Deceit (dolo) with criminal intent
Fault (culpa) without; negligence
2 Stages of Execution
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2. Stages of Execution
1. Consummated all elementsexecuted, withsuccessful result
2. Frustrated all elementsexecuted but nosuccessful result
3. Attempted not all elementsexecuted, nosuccessful result
3 Degree of penalty and fine
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3. Degree of penalty and fine
graveCapitalpunishment or>6yrs & 1 day
above P6k
Less
grave
1 month and 1
day to 6 years
not > P 6 K
but notP 200
4 Degree of participation
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4. Degree of participation
PRINCIPALPrimary author
a. By direct participation- doer ofthe act
b. By inducement-directly force orinduce others
c. By cooperation- indispensable
ACCOMPLICEA person whocooperates
cooperates before the fact-absent at the time crime iscommitted.
ACCESSORY cooperates after the factProfits
Conceals/ destroys evidenceAssists in the escape of theprincipal
QUESTION
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QUESTION
A crime can be committed with theelement of culpa if:
A. the person committed the crime
because of ignorance of the lawB. the person knows the action is acrime and he chooses to do it
C. the person committed the crime
because he lacked the competencyto act correctly
D. all of these
QUESTION
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QUESTION
The nurse out of pity unhookedthe patient from a respirator.The patient died after 15
minutes. This type of felony is:A. Consummated
B. Frustrated
C. Attempted
D. Murder
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QUESTION
If the penalty is death, what is thedegree of the felony?
A. grave
B. less graveC. light felony
D. none of the above
SITUATION
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SITUATION
Danaya is two-months pregnant. Herparents do not know this. Sheinformed her friend Alena about theproblem. Alena then referred Danayato Pirena, an abortionist. Danayahad an abortion.
If those involved will be chargelegally, who is considered theprincipal?
A. Pirena C. AlenaB. Dayana D. None of them
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If during the investigation, the piecesof evidence were not found becauseGurna, the maid of Pirena burned it.Gurna is considered as:
A. AccompliceB. Accessory
C. Principal
D. Co-principal
QUESTION
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QUESTION
A nurse is liable as anaccomplice in an abortion if she;
A. Assist in the escape of the
offenderB. Refers the pregnant mother tothe abortionist
C. Conceals the evidence of the
crime
D. None of these
QUESTION
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QUESTION
A person uses the license ofanother person to practicenursing is liable for what?
A. negligenceB. malpractice
C. misdemeanor
D. invasion of privacy
QUESTION
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QUESTION
The receptionist of a clinic wasasked by police if a certain doctorcharged with murder was hiding inthe premises of the clinic. She liedabout it but unfortunately the doctorwas discovered inside the clinic.She could be charged with:
A. PrincipalB. Accessory
C. AccompliceD. Assistant
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Circumstancesaffecting criminal
liability
J-E-M-A-A
JUSTIFYING
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JUSTIFYING
SELF-DEFENSE Unlawful aggression
Reasonable necessity
Lack of sufficient provocation
Fulfillment of Duty
Obedience to an order fromsuperior
Order must be lawful Superior acting within the
scope of practice
EXEMPTING
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EXEMPTINGInsane/imbecilePerformance of a lawful act causes
injury by mere accident
Under 9 y/oUnder compulsion of uncontrollableforce
Under impulse of uncontrollablefear
Failure to perform an act requiredby law when prevented by somelawful cause
MITIGATING
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MITIGATINGUnder 18y/o or over 70 y/o
No intention to commit so grave awrong
Sufficient provocation/threat
preceding the actImmediate vindication of a grave
offense
Voluntary surrender
Deaf & dumb/ with physical defect
Suffer from such illness thatdiminishes willpower
AGGRAVATING
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AGGRAVATING
Treachery/taking advantage ofsuperior strength or position
Price, reward, promise
Use of fire, poison, explosionCalamities
Craft, fraud or disguise employed
Evident Premeditation
Cruelty
ALTERNATIVE
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ALTERNATIVE
May increase/ decreasecriminal liability depending onthe nature and effects of the
crimeRelationship
Intoxication
Degree of instruction/education
DRILLS
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DRILLS
1. Under compulsion ofuncontrollable force
2. There is sufficient
provocation3. Act is committed with abuse
of confidence
4. Fulfillment of a duty
5. Offender is over 70 years old
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6. Voluntary surrender
7. Disguise in being employed
8. Defense of a stranger
9. Acts under the impulse of anuncontrollable fear
10. Offender is insane
QUESTION
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QUESTION
Premeditating to commit a crimeis considered as:
A. justifying
B. mitigating
C. aggravating
D. exempting
QUESTION
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QUESTION
All of the following areexempting circumstancesexcept:
A. ImbecileB. 8 year old
C. performance of a lawful act
D. offender is deaf and dumb
QUESTION
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QUESTION
When a politician takes advantageof his power in the performance ofunlawful actions, this is consideredas:
A. justifying circumstance
B. exempting circumstance
C. mitigating circumstance
D. aggravating circumstance
QUESTION
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QUESTION
When the defendant killssomeone accidentally:
A. justifying
B. exempting
C. aggravating
D. mitigating
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CRIMESCONCERNING
THE NURSE
MORAL TURPITUDE
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Are acts contrary to the acceptedand customary rule of right
1. Rape:a.) Ordinary rape forcible penetration ofsex organ to a sex organb.) Sexual assault anything forciblyinserted to any orifice.
Intervention
Safety (emotional and physical)Report the incidenceReferral (if the father is the rapist, refer to
DSWD)
ANTI- RAPE LAW (RA 8353)
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R.A. 7877 Anti-sexual Harassment Act1. Any person who exercises authority2. Asking sexual favors in exchange of
another favor
2.MURDER- killing of another with intent
3. HOMICIDE- unintentional killing of another
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gperson
4. PARRICIDE
Killing of a person to whom you have arelationship
1. father
2. mother
3. brothers/sisters
4. ascendants
5. descendants
6. spouse
5. ABORTION- termination of product
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pof conception before the age of
viability.
6. INFANTICIDE
- the killing of an infant less thanthree days or 72 hours.
7. ROBBERY
Anyone who
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8. THEFT- -anyone who gets thepersonal property of another withoutthe latters permission.
- Anyone whogets the
personalproperty of
another with the
use offorce,violence or
intimidation.
9. SIMULATION OF BIRTH
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1. Pretend that a woman gave birth
2. Substitution or exchanging of babiesin the nursery
3. Intentionally putting wronginformation in the birth registration
form
P.D. 651 Birth Registration Act - requiresany person (RN,OB, midwife) who shall
assist in giving birth to report within 30 dayswithout penalty any live birth at Local CivilRegistrars Office.
10. DISPENSING OF PROHIBITEDDRUGS
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DRUGS
R.A. 6425 (1965) Dangerous Drugs Act
A. Prohibited chemicals or substances thatare totally and absolutely cant be
consumed by human being.
Ex. Shabu, cocaine, cannabis
B. Regulated can use this drug - withappropriate prescription - MD withappropriated license
Ex.- Valium, dormicum
PENALTY FOR VIOLATINGTHE ACT
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For licensed health care providers
Fines
Imprisonment
Automatic revocation of license
THE ACT
GUIDELINES TO PREVENTCRIMINAL LIABILITY:
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CRIMINAL LIABILITY:
1. Be very familiar with the PhilippineNursing law
2. Be familiar with the laws affectingnursing practice
3. Know agency rules, regulations,policies
4. Upgrade skills and competence
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5. Develop good IPR with co-workers6. Consult superior as needed
7. Verify vague/ erroneous orders
8. Always keep doctor updatedregarding patient
9. Ensure accurate recording andreporting
10. Get informed consent11. Do not delegate responsibilities to
others
TIPS FOR AVOIDING LEGALPITFALLS:
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PITFALLS:
1. Patient Falls do proper
assessment
appropriateassistance
use protectivemeasures
document allnursing
interventions
2. Medication errors observe the rights of drug administration
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g g
Check drs order
Understand the medication you will administer
Consult drug handbook/ pharmacy
Not exempt from liability for following wrong drs
order
3. Equipment injuries refuse to use a device you do not know how to
operate
report adverse events to superiors
monitor patient regularly
bring questionable orders to the attentionof the doctor or superior
DRILLS
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1. A student nurse is overheardtalking in the cafeteria about aclient and his suicidal
tendencies.2. A nurse asks a client why he
chose Dr. Smith for her
physician when this doctor isalways rude to the staff.
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3. A client is told he must pay theremainder of his medical billbefore he can leave the facility.
4. A nurse told the client that shewill inject her with sedatives if hedoes not cooperate.
5. A nurse forcibly opened the
mouth of a pedia patient andgave his medication.
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6. A nurse takes the wallet of thepatient while the latter issleeping.
7. A nurse takes the wallet of thepatient with the use of violenceand intimidation.
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8. A nurse gives a potent injectionof morphine to a patient causinghis death.
9. A nurse poisons his client toend his life.
10. A patient died because of
wrong medication given.
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SEEYOUALL
AGAINTOMORROW