NURSING

JURISPRUDENCE
BY: ATTY DEIRDREE CODAMON- GALLMAN,
RN
NURSING
JURISPRUDENCE-
 department of law which
comprise all legal rules and
principles affecting the
practice of nursing.
NURSING LEGISLATION
 the making of laws, or the
body of laws already affecting
the practice of nursing.
LAW
 a rule of civil
conduct
prescribed by
the supreme
power in a state
commanding
what is right
and prohibiting
what is wrong.
LEGAL RIGHT
 a claim which
can be enforced
by legal means
against a
person whose
duty is to
respect it.
 COURT
MECHANISM:
 LAWSUIT-
proceeding in
court for a
purpose.

 Purpose:
1. to enforce a
right
2. to redress a
wrong
done something seriously wrong
to you, the correct 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
Parties to cases:
 Civil case- Complainant/
defendant
 Criminal case- Plaintiff/
accused
Q: The person who
institutes legal
proceeding is called:
 A. Plaintiff
 B. respondent
 C. defendant
 D. Accused
Q:A hospital filed a case of
damages against nurse for
breach of contract. Who is the
nurse in the case?

A. complainant
 B. accused
 C. defendant
 D. plaintiff
STATUTE OF
LIMITATIONS
- the length of time following
the event during which the
plaintiff may file a suit.
 Example: negligence- filed

within 2-3 years from

occurrence.
DUE PROCESS
 is a fair and
orderly
process which
aims to
protect and
enforce a
person’s
right.
FUNDAMENTAL REQUIREMENTS OF
DUE PROCESS:

 1. Right to
be
informed
2. Right to remain
silent
3. Right to a competent
counsel
 4. No use of violence,
threat, torture
 PRE-TRIAL- eliminate matters
not in dispute, agree on issues
or settle procedural matters.

 TRIAL- facts are presented and

determined; law applied at the
end.
 SUMMONS- is a writ
commanding an authorized
person to notify a party to
appear in court to answer a
complaint made against him.
 WARRANT- presented by an
arresting officer
 SUBPOENA- is an order that
requires a person to attend at
a specific time and place to
testify as a witness.
 SUBPOENA DUCES TECUM- is a
subpoena that requires a
witness to bring documents/
papers in his possession.
 A process whereby the BON only compel
the personal attendance of a witness to
bring with him to the court books, papers
and the like to elucidate the matters in
issue:

b. Warrant
c. Subpoena
d. Subpoena duces tecum
e. Summons
WITNESS- person giving
necessary details
Nurses as witness:

Could not divulge PRIVILEGED

COMMUNICATION in a civil case-
means that the nurse is incompetent to
testify on the communications made to
him by the patients, all the device given
and all the information gathered by
observation during the seal of secrecy.
Exceptions:1. criminal case
2. with the patient’s
consent
3. patient sued doctor for
damages
Q:For privileged communication in
the doctor, the nurse and the
patient, the seal of secrecy:

a. forever remains until removed by

patient
b. may be broken upon death of the
patient
c. may be disclosed when the
patient is insane
d. all of the above
 Testimonies of Facts- factual
information
 no opinion unless an expert
witness
 PERJURY- is the willful telling of a
lie under oath.
 HEARSAY EVIDENCE- rumors, not
admissible in evidence
 DYING DECLARATION or ANTE
MORTEM STATEMENTS-
considered hearsay unless the
dying person is a victim of a crime.
 APPEALS- review of the case by
appellate court and when decided
by it, the final judgment results
and matter is ended.
 EXECUTION OF JUDGMENT
 Failure to comply means
contempt of court
FELONIES
 acts or omissions
punishable by
law.
 Elements:

1. Deceit-( dolo)
2. Fault-(culpa) -
due to
imprudence,
negligence or lack
of foresight/ skill
Q: A crime can be
committed with the
element of culpa if:
 A. the person committed the crime
because of ignorance of the law
 B. the person knows the action is a
crime and he chooses to do it
 C. the person committed the crime
because he lacked the competency
to act correctly
 Stages of felonies
1. Consummated all elements
executed, with
successful result
2. Frustrated all elements
executed but no
successful result
3. Attempted not all elements
executed, no
successful result
 Degree of Felonies
degree penalty
fine
grave Capital above P6k
punishment
or >6yrs & 1
Less day
1 month and not > P 6 K
grave 1 day to 6 but not
years <P200

Light felony 1 day to 30 fine not >

days P 200
Q: If the penalty is the death
penalty, what is the degree of
the felony?

 A. grave
 B. less grave
 C. light felony
Q: If the fine is exactly
P200., what is the degree?

 A. grave
 B. less grave
 C. light felony
CLASSIFICATION OF PERSONS
CRIMINALLY LIABLE:

1. PRINCIPAL

a. By direct
participation-
doer of the
act
b. By inducement-directly force
or induce others

c. By cooperation- indispensable
2. ACCOMPLICE
-a person who cooperates
“ accessory before the fact”-
absent at the time crime is
committed.
3. ACCESSORY
“ accessory after the fact”
a. Profits
b. Conceals/ destroys evidence
c. Assists in the escape of the
principal
Situation: Danaya is two-months
pregnant. Her parents do not
know this. Danaya informed
her friend Alena about the
problem. Alena referred
Danaya to Pirena , an
abortionist. Danaya had an
abortion.
If those involved will be charged
legally, who is considered as
the principal?
a. Danaya b.Alena
c. Pirena d. None of them
Who is considered as an
accomplice?
a. Danaya b.Alena
c. Pirena d. None of them
If during the investigation, the
pieces of evidence were not
found because Gurna the maid
of Pirena burned it. Gurna is
consider as:
a. accomplice b. accessory
c. principal d. co-
principal
A nurse is liable as an
accomplice in an abortion if
she:
a. Assist in the escape of the
offender
b. Refers the pregnant mother to the
abortionist
c. Conceals the evidence of the crime
d. None of these
Circumstanc
es affecting
criminal
liability
J-E-M-A-A
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

of practice
EXEMPTING
 Insane/imbecile
 Performance of a lawful act
causes injury by mere accident
 Under 9 y/o
 Under compulsion of
uncontrollable force
 Under impulse of uncontrollable
fear
 Failure to perform an act required
by law when prevented by some
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
AGGRAVATING
 Treachery/taking
advantage of superior
strength or position
 Price, reward, promise

 Use of fire, poison,

explosion
 Calamities

 Craft, fraud or disguise

employed
ALTERNATIVE
 May increase/ decrease
criminal liability depending on
the nature and effects of the
crime
Relationship
Intoxication
Degree of instruction/ education
DRILLS
1. Under compulsion of
uncontrollable force
2. There is sufficient
provocation
3. Act is committed with abuse
of confidence
4. Fulfillment of a duty
5. Offender is over 70 years old
6. Voluntary surrender
7. Disguise be employed
8. Defense of a stranger
9. Acts under the impulse of an
uncontrollable fear
10. Offender is insane
Q: Premeditating to
commit a crime is
considered as:

 A. justifying
 B. mitigating
 C. aggravating
 D. exempting
Q: When the defendant
kills someone accidentally:

 A. justifying
 B. exempting
 C. aggravating
 D. mitigating
CRIMES CONCERNING
THE NURSE
 -the victim or
offender is the
 1. father
 2. mother
 3. brothers/sisters
 4. ascendants
 5. descendants
 6. spouse
The killing of another
human being
-The killing of another human being
with any of the aggravating
circumstances provided by law.
treachery
- the killing of an
infant less than
three days
or 72 hours.
ACTS OF
LASCIVIOUSNESS
MALICIOUS MISCHIEF
PHYSICAL INJURIES
1. Serious
Physical
Injuries

2. Less Serious
Physical
Injuries

3. Slight Physical
Injuries
ANTI- RAPE LAW (RA
8353)
I.
 A. MARITAL
RAPE
 B. STATUTORY
RAPE
II. Anyone who inserts his penis
into the oral orifice of another
by force is liable under this
law.
III. Anyone who
inserts anything
into the anal
orifice or
genitalia of
another is liable
under this law.
ROBBERY
- Anyone who
gets the
personal
property of
another with
the use of
force,violence
or
intimidation.
THEFT
-anyone who gets
the personal
property of
another without
the latter’s
permission.
ASSAULT
- imminent threat
of harmful/
offensive body
contact
BATTERY
- intentional,
unconsented
touching of
another person.
ILLEGAL DETENTION/
FALSE IMPRISONMENT
-Deprive another
of his freedom
of
movement or
space.
Patient restraint
SIMULATION OF BIRTH
 1. Pretend
that a woman
gave birth
2. Substitution
or exchanging
of babies in
the nursery
 3.
intentionally
putting wrong
information in
the birth
registration
form
DEFAMATION
1. Slander- oral
2. Libel-
written
Q: The nurse writes the following
note in the client’s chart “ The
physician is incompetent because
he ordered the wrong drug
dosage”.This statement may lead
to a charge of:
a. Assault
b. slander
c. libel
d. Invasion of privacy
INVASION OF PRIVACY
THE RIGHT TO BE LEFT ALONE,
FREE FROM UNWARRANTED
PUBLICITY, RIGHT TO LIVE
ONE’S LIFE
* Nurses liable if they divulge
any information from
patient’s chart to improper
or unauthorized persons.
MISDEMEANOR
 An act less than a felony.
Q: A person uses the license of
another person to practice
nursing. Liable for What?

 A. negligence
 B. malpractice
 C. misdemeanor
 D. invasion of privacy
DRILLS
1. A student nurse is overheard
talking in the cafeteria about a
client and his suicidal
tendencies.
2. A nurse asks a client why he
chose
Dr. Smith for her physician
when this doctor is always
rude to the staff.
3. A client is told he must pay the
remainder of his medical bill before
he can leave the facility.
4. A nurse told the client that she will
inject her with sedatives if he does
not cooperate.
5. A nurse forcibly opened the mouth
of a pedia patient and gave his
medication.
6. A nurse takes the wallet of
the patient while the latter is
sleeping.
7. A nurse takes the wallet of
the patient with the use of
violence and intimidation.
8. A nurse gives a potent
injection of morphine to a
patient causing his death.
9. A nurse poisons his client to
end his life.
10. A patient died because of
wrong medication given.
 GUIDELINES TO PREVENT
CRIMINAL LIABILITY:

1. Be very familiar with the

Philippine Nursing law
2. Be familiar with the laws
affecting nursing practice
3. Know agency rules,
regulations, policies
4. Upgrade skills and
competence
Q:To upgrade your skills,
you must:
 A. enrol in the graduate school
 B. be a member of the PNA
 C. attend seminars and trainings
 D. renew license
5. Develop good IPR with co-workers
6. Consult superior as needed
7. Verify vague/ erroneous orders
8. Always keep doctor updated
regarding patient
9. Ensure accurate recording and
reporting
10. Get informed consent
11. Do not delegate responsibilities
to others
 LEGAL CONSIDERATIONS IN
CHARTING:
1. Don’t tamper with
medical records-
(ARD)adding,
rewriting and
destroying original
record
2. Observe agency’s
standards on
documentation
 complete, concise,
specific, use
standard
abbreviation
TELEPHONE ORDERS
 TIPS FOR AVOIDING LEGAL
PITFALLS:
1. Patient Falls
 do proper assessment

 appropriate assistance

 use protective measures

 document all nursing

interventions
2. Medication
errors
 observe 7 R’s of
drug administration
 Check dr’s order
 Understand the
medication you will
administer
 Consult drug
handbook/ pharmacy
 Not exempt from
liability for following
dr’s order
 A co-nurse confided that she has
given a medication to the wrong
patient. What will you do?
b. advise her to report the incident to the
head nurse
c. advise her to keep quiet about what
happened
d. accompany her to the head nurse to
report the incident
e. report her immediately to the head
nurse
3. Equipment
injuries
 refuse to use a
device
not know how to
operate
 report adverse
events
to superiors
 monitor patient
regularly
 bring questionable
Failure to communicate
 promptly report  proper
changes in the documentatio
patient’s n of all
symptoms and assessments
signs of and
distress to the telephone
Dr conversations
with the Dr
NURSES AND CONTRACTS

 CONTRACT- agreement between

at least two parties which create
an obligation recognized by law.
Elements of a valid
contract:

1. given freely/ voluntarily- no

coercion/ pressure
2. competent parties- 18 yrs old,
sound mind
3. lawful object- within the bounds of
law
4. valid consideration- has monetary
value
Essential requisites:

1. Consent
2. Object certain
3. Cause of the obligation
Types of Contract:
1. Implied- terms are inferred
from actions of contracting
parties.
2. Expressed- verbal/ written,
terms are specified/ given at
the time the contract is made.
3. Void or inexistent- inexistent from
the very beginning therefore may
not be enforced. Ex: contrary to
law.
4. Illegal - expressly prohibited by
law like obtained through fraud,
undue influence or duress.
5. Voidable/annullable- one of the
parties is incapable of giving
consent
5. Formal- agreement among
parties and is required to be in
writing by special laws. Ex:
marriage, Deed of sale
6. Informal- concluded as a
result of a written document
where the law does not require
the same to be in writing.
Q: A person entered the clinic of a
doctor for treatment.What type of
contract?

 A. formal
 B. implied
 C. informal
 D. expressed
Q: A nurse and a pregnant woman
agreed that the nurse will do home
delivery for a fee. What type of
contract?

 A. informal
 B. implied
 C. expressed
 D. formal
 BREACH OF CONTRACT-
failure without legal
excuse to perform any
promise which forms the
contract.
The following constitute
breach of contract for nursing
service:
1. Prevention of performance
2. Failure of performance because
of inconvenience or difficulty
3. Abandonment of duty
4. Substitution of performance
Legal excuses in refusing
or failure to perform a
contract:
1. Discovery of material
misrepresentation
2. Where performance will be
illegal
3. Impossible by reason of
illness
4. Impossible by death of
patient or nurse
5. Made for other reasons
Will
 an act whereby
a person is
permitted with
formalities of
law to control
to certain
degree the
disposition of a
state to take
effect after his
death.
 DECEDENT- person whose
property is transmitted through
succession.
 TESTATOR- a decedent who left a
will
 HEIR- a person called to
succession
TYPES OF SUCCESSION:
1. Testate- a person dies leaving
a will.
2. Intestate- a person dies
without leaving a will.
 :
 TWO KINDS
1. Notarial will- acknowledged
before a notary public, with
attestation clause
2. Holographic will- entirely
written, dated and signed in the
handwriting of the testator
Who makes wills:

1. those not expressly

prohibited by law
2. 18 yrs old
3. sound mind
Who could be witnesses:
1. sound mind
2. 18 and above
3. not blind, deaf or dumb
4. able to read and write
 Bakekang, 59 years old, is
suffering from a debilitating
disease but of sound mind. She
has asked you to help her make a
will. How should you respond to
the situation?
b. let her dictate and write for her
c. call her intended beneficiaries as
witnesses
d. assist patient to consult a legal officer
e. refuse request since it is not your duty
 NURSE’S OBLIGATION IN THE
EXECUTION OF A WILL:

1. Note the
soundness of
client’s mind
and to ensure
that there is
freedom from
fraud/ undue
influence.
2. Note that the will is signed by
the testator.
3. Note that the witnesses shall
be present at the time and
sign in the presence of
testator.
GIFTS MORTIS CAUSA
 disposing of
gifts by a
person in
anticipation of
death/ belief in
approaching
death.
Limitations:
1. limited to personal properties
2. acceptance by the recipient
3. gifts are revocable and
subject to the claims of
creditors without proof of
intent of defrauding them
 BOARD QUESTIONS:
1. The nurse out of pity
unhooked the patient from a
respirator. The patient died
after 15 minutes. This type of
felony is:
a. consummated
b. frustrated
c. attempted
2. Circumstances which are said
to be in accordance with the
law are said to be:
a. Justifying
b. Exempting
c. Mitigating
d. Aggravating
3. All of the following are
exempting circumstances
except:
a. Imbecile
b. 8 year old
c. performance of a lawful act
d. offender is deaf and dumb
4. When a politician takes
advantage of his power in the
performance of unlawful
actions, this is considered as:
a. justifying circumstance
b. exempting circumstance
c. mitigating circumstance
d. aggravating circumstance
5. When one alters a record to
conceal possible evidence of
negligence, she can be
charged as:
a. accomplice
b. accessory
c. principal
d. co-principal
 BOARD QUESTIONS:
1. A client in a long term care facility
refuses to take his oral medications. The
nurse threatens the client and tells him
that, if the medication isn’t taken,
restraints will be applied. The nurse’s
statement constitutes which legal tort?
a. assault
b. battery
c. negligence
d. right to refuse treatment
2. The nurse is at risk for lawsuit. Which of
the following actions will shield her
from possible lawsuits?
1. knowledge and implementation of
standards of care
2. documentation of actions accurately and
concisely
3. document outcome of care
4. following all doctor’s order
a. 1,2,4 b. 2 & 3 c. 1,2,3 d.
2,3,4
3. One of the midwives in the health
center injected Cotrimoxazole to a
5 year old patient without the
consent of the parents. Which of
the following can the midwife be
possibly accused of?
a. malpractice
b. battery
c. negligence
d. assault
4. If that nurse divulges the
information that she is caring
for the child of a patient with
sexually transmitted disease,
she can be liable for:
a. libel
b. slander
c. tort
d. invasion of privacy
5. Two janitors were having a heated
argument as to who shall dispose the
waste of a patient with typhoid fever.
The first one called the other
“lazybone” and “pain in the neck”
within the hearing of the rest of the
nurses.The case is:
a. libel
b. invasion of privacy
c. slander
d. negligence
6. Should the accusation be
written in the newsletter of
the hospital, such liability is
a:
a. assault
b. libel
c. slander
d. battery
7. The nurse observed that in the hospital where
she worked, it is a practice to accept medical
orders by telephone. In this aspect, she
should remember the following:
a. T.O should be countersigned by the attending
physician at the first opportunity to make it
legal order
b. T.O are risky and should not be accepted
c. The nurse could write on the the doctor’s order
sheet the exact date, time and full name of
the dr giving the order
d. The nurse can sign for the doctor on the order
sheet
 a. 1,4 b. 1,2 c. 3 only d. 1, 3
8. The nurse noticed that restraining
patients is a common practice. Which of
the following should she remember?
a. Restraints are necessary so that the
nurse could do more work for patients
b. Use of restraints is an effective
intervention
c. Restraints require a physician’s order
d. Refusal to be restrained is a ground for
terminating the nurse-patient
relationship
 9. Patient records are very important in
court litigations. Which of the following
safeguards should be adopted by the
nurse?
 A. follow standard charting
 b. photocopy pt’s chart before
submitting to the medical records Office
 c. maintain a logbook of potential legal
case
 all of the above