NCM 105 Nursing

Jursiprudence
Ailyn B. Pineda
Lecturer

LEGAL CONCEPTS
AND ISSUES IN
NURSING

RESPONSIBILITY AND
ACCOUNTABILITY FOR THE
PRACTICE OF PROFESSIONAL
NURSING

n 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?
n 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
refers to the
commission or omission of an
act, pursuant to a duty, that a
reasonably prudent person in the
same or similar circumstance
would or would not to, and acting
or the non-acting of which is the
proximate cause of injury to
another person to his property.

n NEGLIGENCE

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 plaintiff

Errors due to family assistance

7. Administration of medicine without a
doctors prescription
6.

THE DOCTRINE OF RES IPSA

LOQUITUR
nThe

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 plaintiff (injured party)

MALPRACTICE
nImplies

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:
n Misdiagnosis

of an illness, failure to
diagnose or relay diagnosis
n Birth Injuries
n Surgical Complications
n Prescription errors
n Failure to provide treatment
n Anesthesia related complications
n Failure to follow advance directive
n Failure of hospital or pharmacy to
dispense the right medicine, dosage

DOCTRINE OF FORCE MAJEURE

n 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
n Means

let the superior answer; let

the principal answer for the acts of his agent
n 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:
n The

hospital will be held liable, if, in an

effort to cut down on expenses it decides to
hire underboard nurses or midwives in
place of professional nurses, and these
persons prove to be incompetent
n The surgeon will be held responsible in
case a laparotomy pack is left in a patients
abdomen

INCOMPETENCE
n Is

the lack of ability, legal

qualifications or fitness to discharge
the required duty
n 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
n Nursing

aides perform selected nursing

activities under the direct supervision of
nurses. They usually given on-job-training
by the Training staff. Their responsibilities
usually pertains to the routine care of
chronically ill patients. They are therefore
responsible for their own actions.

LIABILITY FOR THE WORK

OF NURSING STUDENTS
nUnder

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 viceversa. Discussion of these problems
will iron out doubts and possible
solutions may be provided.

LEGAL DEFENSE IN
NEGLIGENCE
n The

most common defense in a

negligent action is when nurses know
and attain that standard of care in
giving service and that they have
documented the care they give in a
concise and accurate manner
n If the patients careless conduct
contributes to his own injury, the
patient cannot bring suit against the
nurse.

MEDICAL ORDERS, DRUGS, AND

MEDICATIONS
n

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
n

n
n
n

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

n 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
n Nature of consent- an authorization by the
patient or a person authorized by the law to
give the consent on the patients behalf.
n 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

n The

nurses responsibility in
witnessing the giving of informed
consent involves:
n (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 in his own behalf.

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
nAll

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 concerned.

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 to
submit to treatment.

CONSENT FOR
STERILIZATION
Sterilization is the termination of the
ability to produce offsprings. The
husband and the wife must consent to
the procedure if the operation is primarily
to accomplish sterilization. If emergency
cases like ectopic pregnancy and
abruptio placentae, consent from patient

MEDICAL RECORDS
n 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.
n 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 equipment.

WHAT IS A CONTRACT?
n 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
n Formal

Contracts- refers to an agreement

b/w parties and is required to be in writing.
E.g. marriage contracts
n 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.
n 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.

n 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.
n Void contracts- one that is inexistent from
the very beginning and therefore may not
be enforced.
n Illegal contracts- one that is expressly
prohibited by law

Illegal Contracts
n Those

that are made in protection of

the law
n Consent obtained by fraud
n Those obtained under duress
n Those obtained under undue
influence
n Those obtained through material
misrepresentation

INTENTIONAL
WRONGS
A nurse may be held liable for
intentional wrongs

TORTS
n A

tort is a legal wrong, committed

against a person or property
independent of a contract which
renders the person who commits it
liable for damages in a civil action. A
person who has been wronged seeks
compensation for the injury or wrong
he has suffered from the wrong doer.

EXAMPLES OF TORT:
n 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
n 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
n Is

the infringement of upon an

individuals freedom of movement. It is
making someone wrongfully feel that he
or she cannot leave the place.
n 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
n 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 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 affairs made public against
ones will.
n Nurses may become liable for invasion of right to
privacy if they divulge information from
a patients chart to improper sources or
unauthorized persons
n

DEFAMATION
Occurs when a person discusses another
individual in terms that diminish reputation.
n SLANDER- is oral defamation of a person by
speaking unprivileged or false words by which
his reputation is damaged
n 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
n

CRIMES,
MISDEMEANORS, AND
FELONIES

nCRIME

is defined as an act
committed or omitted in violation of
the law. Criminal offenses are
composed of two elements: (1)
Criminal Act (2) Evil/criminal intent
nIn criminal action, the state seeks
the punishment of the wrongdoers

Conspiracy to commit a crime

n

Principals- are those who take a direct part in the

execution of the act, who directly force or induce others
to commit it; or who cooperate in the commission of the
offense by another act without which it would not have
been accomplished.
Accomplices- are those who, not being principals,
cooperate in the execution of the offense by previous
and simultaneous act.
Accessories- are those who, having the knowledge of
the commission of the crime. Assisting the offender to
profit from the crime either by disposing the body,
concealing or assisting in escape of the principal of the
crime.

Criminal Actions
n Deal

with acts or offenses against public

welfare.
n Misdemeanor- a general name for
criminal offense which does not in law
amount to felony.
n Felony- a public offense for which a
convicted person is liable to be sentenced
to death or be imprisoned in a penitentiary
or prison. It is committed with deceit and
fault.

Criminal Negligence
n Reckless

Imprudence- when a
person does an act or fails to do
involuntary without malice, from which
damage results immediately.
n 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
n

Is the state of mind of a person at the time the

criminal act is committed, that is, he/she
knows that an act is lawful and still decided to
do it anyway.
Deliberate intent includes two other elements
without which there can be no crime. These
are freedom and intelligence.
When a person accused of the crime offers
evidence showing insanity, necessity,
compulsion, accident, or infancy the court will
decide if he did not commit a criminal offense
and will declare the person not guilty.

Classes of Felonies

Felonies are classified according to degree of the acts

of execution
Consummated- when all the elements necessary for
its execution and accomplishment are present.
Frustrated- when the offender performs all the acts or
execution which will produce the felony as a
consequence but which nevertheless, do not produce
it by reason of causes independent of the will of the
perpetrator.
Attempted- when the offender commences the
commission of the same directly by overt acts, and
does not perform the acts which shall produce the
felony.
q Consummated felonies as well as attempted and
frustrated are all punishable by law.
n

Felonies according to degree of punishment

n

Grave Felonies- are those to which the law attaches

the capital punishment or penalties which in any of
their periods are afflictive. (imprisonment ranging from
6 yrs and 1 day with fine not exceeding P6,000)
Less Grave Felonies- are those which the law
punishes with penalties which in their maximum period
are correctional (imprisonment ranging from 1 month
and 1 day to 6 yrs or fine not exceeding 6,000 but not
below 200)
Light Felonies- are those infractions of law for the
commission of which the penalty of arresto
menor (imprisonment for 1 day to 30 days or a fine
not exceeding 200 or both of which are imposed)

Circumstances
Affecting Criminal
Liability
PREPARED BY:
ailyn brillo pineda

Circumstances
affecting Criminal
Liability

J-E-M-A-A

Circumstances affecting Criminal

Liability
n

Justifying
Circumstances
SELF-DEFENSE
These are the defenses in
which the accused is
deemed to have acted in
accordance with the law
and therefore the act is
lawful. Since the act is
lawful, it follows that there
is no criminal, no criminal
liability and no civil liability

Justifying Circumstances
A person may not incur criminal liability under the following circumstance:
There is no mens rea or criminal intent
The circumstances pertain to the act and not to the actor. Hence all who
participated in the act will be benefited. Thus if the principal is acquitted
there will be no accomplices and accessories.
These apply only to intentional felonies, not to acts by omissions or to
culpable felonies or to violations of special laws
When he acts in defense of his rights
When he acts in defense of his relatives rights
When he acts in defense of a strangers rights and that the person
defending is not induced by revenge or evil motives.
When any person who, in order to avoid an injury does an act which
causes damage to another provided that an evil sought to be avoided
actually exists.
When he acts in the fulfillment of a duty or in lawful exercise of a right or
office.

Circumstances affecting Criminal

Liability
n ExemptingCircumstances

These are defenses where

the accused committed a
crime but is not criminally
liable. There is a crime, and
there is civil liability but no
criminal.

Exempting Circumstances
There are certain circumstances under which the law exempts a person
from criminal liability
The basis is the lack of any of the elements which makes the act/
omission voluntary, i.e. freedom, intelligence, intent or due care.
These defenses pertain to the actor and not the act. They are personal
to the accused in whom they are present and the effects do not extend
to the other participants. Thus if a principal is acquitted, the other
principals, accessories and accomplices are still liable.
They apply to both intentional and culpable felonies and they may be
available in violations of special laws.
An imbecile or an insane person, unless the latter has acted during a
lucid interval
A person under nine years of age
A person over nine years of age and under fifteen unless he acted with
discernment.
A person while performing a lawful act with due care causes an injury
which is merely an accident.
Any person who acts under the compulsion of an irresistible force

MITIGATING CIRCUMSTANCES
n

1.

2.
3.

Are those which do not constitute justification or

excuse of the offense in question, but which, in
fairness and mercy, may be considered as
extenuating or reducing the degree of moral
culpability.
Circumstances which are otherwise justifying or
exempting were it not for the fact that all
requisites necessary to justify the act or to
exempt the offender from criminal liability in the
respective cases are not attendant
When the offender has no intention to commit so
grave a wrong as the one committed
When the offender 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 offended party immediately precedes the act
When the act is committed in the immediate
vindication of a grave offense to the one committing
the felony, his/her spouse, ascendants, descendants,
legitimate, natural or adopted brothers, or relative by
affinity within the same degree
When a person acts upon an impulse so powerful as
naturally to have produced an obfuscation
When the offender voluntarily surrenders himself to a
person in authority or confesses before the court prior
to the presentation of the evidence for the
prosecution
When the defender is deaf and dumb, blind or
otherwise suffering from physical defect

AGGRAVATING
CIRCUMSTANCES
Are those attending the commission of a crime and
which increase the criminal liability of the offender or
make his guilt more severe.
1. When the offender takes advantage of his public
position
2. When the crime is committed in contempt of or with
insult to public authorities
3. When the act is committed with insult or disregard
of the respect of the offended party on account of
his rank, age, sex
n

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
n those

which may either be

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

LACK OF EDUCATION IS NOT

MITIGATING IN:
1.
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
n 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

n INFANTICIDE-

IS THE KILLING OF A CHILD

LESS THAN THREE DAYS OF AGE. The
mother of the child who commits this crime
shall suffer penalty of imprisonment ranging
from two years and four months and 1 day to 6
years
n 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.
n ROBBERY- is a crime against a person or
property

CONTROLLED
SUBSTANCES
n R.A.

6425 known as the Dangerous Drug Act

of 1972 covers the administration and
regulation of the manufacture, distribution,
dispensing of controlled drugs.
n 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 affect 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
n It

is a legal declaration of a persons

intentions upon death.
n It is called testamentary document because it
takes effect after the death of its maker
n 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
n HOLOGRAPHIC WILL- a will that is written
and signed by the testator

n HEIR

is a person called to succession either by

the provision of a will or by operation of law
n 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
n 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

NURSES OBLIGATION IN
THE EXECUTION OF A
WILL
n 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 .
n 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
n Is

an individuals signed request to

be allowed to die when life can be
supported only mechanically or by
heroic measures.
n 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?
n A

nurse especially those taking care of well-todo 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
n It

is an administrative report that is

required of nurses if there are violations of
standards and policies whether or not
injury occurs.
n 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
n Contempt of Court- is the willful disobedience to,
or open disrespect for, the rules of court
n Defendant- the person being accused of a
wrongdoing; the therefore needs to defend
themselves
n Day in court- the right of a person to appear in
court and be heard concerning his compliant/
n

n
n
n
n
n
n

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
Plaintiff- the person who files the lawsuit and is
seeking for a perceived wrongdoing

n Prima

facie Evidence- evidence, which if

unexplained or uncontradicted would establish
the fact alleged
n Privileged Communication- statements
uttered in good faith. These are not permitted to
be divulged in court justice.
n Statute of Limitations- define the length of
time following the event during which the
plaintiff may file the lawsuit
n Subpoena- is an order that requires a person
to attend at a specific time and place to testify
as witness

n Subpoena

Duces Tecum- is a subpoena

that requires a witness to bring required
papers/ documents and the like which may
be in his possession
n Summons- is a writ commanding an
authorized person to notify a party to appear
in court to answer a complaint made against
them
n 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