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Legal Aspects in Nursing
Transcript of Legal Aspects in Nursing
AFFECTING CRIMINAL LIABILITIES Elements of
Negligence 3. foreseeability of harm 2. Failure 1. Duty 1. Immediate Cause 2. Proximate Cause (cc) photo by theaucitron on Flickr -Doing things which a reasonable and prudent person would not have done or performed, or the failure to do the act No other intervening event which added more to the resulting injury It is a natural and continuous sequence, unbroken by any cause, produces the event and without which, the injury would not have occurred. to meet the standard of care 4. breach of standard resulted to
Injury Res ipsa Loquitor -If an act or a thing which causes injury to others (patient) is shown to be under management or control of a person (nurse) and the accident is such in the ordinary course of event/s will not happen if those who have control or management use proper care. Elements of 1. Act causing injury will not happen unless someone else is negligent 2.Act causing injury is under exclusive control of the person charged with negligence 3.No voluntary acts or contributory negligence on the part of the victim. "the thing speaks for itself" Going beyond the context or scope of allowed practice resulting to injurious and non-injurious consequences Act made outside acceptable scope Improper or unskilful care of patient by a nurse Elements of Malpractice: 1.Standard of care
2.Nurse is required to follow the said standard
3.Nurse exceeds the limit to his authority or failed to reach the level of standards expected of him FORCE MAJEURE “unexpected event” No person shall be responsible for those event which are unforeseen or although foreseen are inevitable. RESPONDEAT SUPERIOR “Let the Superior/Master answer for the acts of his subordinates” 1.Existing superior-subordinate relationship
2.Subordinate received tasks from his/ her superior
3.An injury or damage resulted in said performance
4.The task was performed within the knowledge / authority of his superior PRIVILEGE COMMUNICATION Matters and information which are within the knowledge of a person,
but has the duty not to disclose it except, if there be court orders to disclose such matters. Absolutely Privileged Communications Qualified Privileged Communication - due to interest of public service and morality, this matters are absolutely not honored in any forum. - courts as well as other legitimate forum may order said information to divulged publicly. 1.Felony
- Refers to all crimes punishable under the Revised Penal Code (Murder, Rape, Homicide) 2.Offense
- Refers to crimes punishable under special law (Dangerous Drugs act, Philippine Nursing law of 2002) 3.Misdemeanor
- Are minor offenses or infarction of the law (violation of a city ordinance) 4.Tort
- Any legal wrong committed against any person, his rights or property 1. According to the Manner of its Commission 2. According to the stages of Execution
a. Consummated - when all elements necessary for its complete execution are present
b. Frustrated - when the offender already commences the commission of felony as a consequence, but nevertheless does not produce it by reasons of causes.
- tries to consummate it but failed
c. Attempted - Offender commences the commission of felony directly by overt acts, but does not perform all acts of execution which would produce felony by reason of some causes of accident other than his spontaneous desistance 3. According to Gravity of Offense Committed
- grave felony, less grave felony, light felony 4. According to the Degree of Participation of the Perpetrator
a. Principal - one who committed a crime by direct participation, principal inducement or indispensable cooperation.
b. Accomplice - One who has a direct participation or cooperation, but such participation or cooperation is not vital nor indispensable to consummate.
c. Accessory - usually participates after the crime was already committed by:- profiting from the effects of the crime (buying stolen object)- concealing or destroying the body of the crime- assisting in the escape of a principal Justifying Circumstances
- the act causing injury or death to another person is justified, hence, no one
will be criminally liable. Exempting Circumstances
- although there was really a crime committed, no liability
will be attached due to reason of public policy. Mitigating Circumstances
- those acts although resulting to criminal liability,
will reduce or lessen the penalty Aggravating Circumstances
- causes increase in the penalty Alternative Circumstances
- Acts that may aggravate or mitigate one’s liability a. DOLO (deceit) - an act committed with deliberate intent
b. CULPA (fault)- an act is committed with negligence, reckless imprudence, lack of skill or foresight Homicide Fraud Illegal Detention Abortion Robbery CRIMES AFFECTING THE NURSING PROFESSION Infanticide Parricide Murder Giving Assistance to Suicide Simulation of Birth Criminal Negligence Falsification of Public Documents Theft Assault Battery Defamation