Nursing Law and Jurisprudence
Nursing Law and Jurisprudence
Nursing Law and Jurisprudence
The case of Picart vs. Smith provides the basic test of liability for
negligence, as follows: “would a prudent man, in the position of the person to
whom negligence is attributed, foresee harm to the person injured as a
reasonable consequence of the course about to be pursued? If so, the law
imposes duty on the actor to refrain from the course or take precautions against
mischievous results, and the failure to do so constitutes negligence. Reasonable
foresight of harm, followed by ignoring of the admonition born of this provision, is
the constitutive fact of negligence.
The useful pieces of evidence for the criminal offenses resulting to injuries
or death of the patients are:
a. body
b. objects on or with the body
c. injuries sustained
d. tissues and body fluids
e. other medical evidence or findings
These are among the things in nursing jurisprudence that nurses should
understand because death and injuries are common occurrences in the hospitals
not only with regard to the patients in care but also the patients brought to the
hospital for immediate care or the emergency patients on the verge of life or
death. Chances are, nurses may be called on to testify on the matter of injuries
or death of the patients. Hence, nurses should know and understand criminal law
and jurisprudence on the matter.
The principal legal document in the study of criminal law in the Philippines
is Act. No. 3815, as amended, otherwise known as the Revised Penal Code
(RPC), which was approved on December 8, 1930. The RPC is the law that
defines crimes, treats of their nature and provides for their punishment.
3. CIVIL LAW – that branch of law that pertains to the “organization of the
family and the regulation of property. It has been defined as the mass of
precepts which determine and regulate the relations of assistance,
authority and obedience among the members of a family, and those which
exist among the members of a society for the protection of private
interests.
4. LABOR LAW – is that branch of law that governs and regulates the
relationship of employers and employees. It is broadly divided into
LABOR STANDARDS AND LABOR RELATIONS.
5. ADMINISTRATIVE LAW – is that branch of modern law under which the
executive department of the government , acting in a quasi-legislative or
quasi-judicial capacity, interferes with the conduct of the individual for the
purpose of promoting the well-being of the community, as under laws
regulating
DEFINITIONS
The civil liability from CONTRACTS occurs when a nurse commits fault or
negligence resulting to a breach of contract to provide and tender safe nursing
services to the patients.
The civil liability from TORTS takes place when a nurse commits a negligent act
or fault sans any contractual relations.
The civil liability from CRIMES arises when a nurse commits a crime.
KINDS OF CIVIL LIABILITY
The three basic lawsuits or legal actions in nursing practice in the Philippines are:
a. CRIMINAL
b. CIVIL
c. ADMINISTRATIVE
The intentional felonies which nurses could frequently encounter, but not
necessarily commit, in the practice of their profession are:
Government Private
SOMERA CASE
Notably, it is the primary duty of nurses in this country to execute the legal
orders of physicians concerning treatment and medications. But this is not
mechanical act or duty of nurses. Every nurse must exercise caution and sound
discretion in carrying out the doctor’s orders. He/She has the right to decline an
order of the physician if it is a mistake or in his/her honest and reasonable
judgment, will endanger the life of the patient and make him/her liable for
damages. Thus, he/she must only follow the physician’s legal orders, which are
well within the scope of his/her functions and in accordance with law, established
standards and protocols.
MALPRACTICE IN NURSING.
The DUTY of a nurse to employ his/her training, care and skill in the care of the
patient commences at the time his/her employment is engaged by the patient.
The BREACH of these professional duties, of skill and care, or their improper
performance by nurse resulting to DAMAGE or INJURY to the body or health of
the patient constitutes an actionable nursing malpractice.
Finally, the PROXIMATE CAUSATION in nursing negligence can be divided into
2 inquiries: 1. whether the nurse’s actions, in fact, causes harm to the patient;
and, 2. whether these are the proximate cause of the patient’s injury.
The famous example of this doctrine is the scalpel left behind, in which a doctor
left a scalpel in the stomach of the patient after an appendectomy.
8. PRINCIPLE OF
MALFEASANCE –is the performance of some act which ought not to be done.
MISFEASANCE – is the improper performance of some act which might lawfully
be done.
NONFEASANCE – is the omission of some act which ought to be performed.
Nevertheless, for nurses, law is not everything. Nurses apply the law and
jurisprudence when they need to, usually in times of legal trouble with the patient
or the hospital as employer. Remember, you are nurses, not lawyers, anyway. It
is your clinical skills, knowledge and expertise in the nursing practice that could
make or unmake your nursing career. It is to be exercised 24/7. through clinical
skills, knowledge and expertise, the goals of total quality care of the patients and
the advancement of nursing practice can be easily achieved.