Health, Law and Ethics

C. Remedial Law

LAW - that branch of law which prescribes method of

enforcing rights and of obtaining redress for
- rule of civil conduct prescribed by the supreme
their invasion.
power in a state commanding what is right and
prohibiting what is wrong

II. Public Law

- the system of rules which a particular country

or community recognizes as regulating the
- branch or department of law which is
actions of its members and which it may
concerned with the state in its political or
enforce by the imposition of penalties
sovereign capacity. It is a law or statute that
applies generally to the people of the state
adopting or enacting it
Why is knowledge of the law important?

1. Every aspect of the practice of a profession is

interwoven directly or indirectly with legal rules
and sanctions.

2. To attain a normal and orderly procedure in

the practice of the profession.
Public Law is subdivided into:
3. To prevent or minimize lawsuits.
A. Criminal Law
4. Social order in professional practice can be
better maintained. that branch of law which defines crimes, treats
of their nature and provides for their
punishment.
I. Private Law

B. International Law
- a term used to indicate a law which relates to
- law of nations; the law which regulates the
private matters that do not concern the public
intercourse of nations
at large; all part of the law which is
administered between citizen and citizen.

International Law is subdivided into:

Subdivided into:  Public International Law
A. Civil Law is the body of rules which control the conduct of
independent states in their relations with each
-branch of law which pertains to organizing the
other
family and regulating property.

 Private International Law

B. Commercial Law
- or conflict of laws; that part of the law of each
-branch of law which relates to the rights of
state which determines whether, in dealing with
property and the relations of persons engaged
in the commerce
legal situations, the law of some other state will
be recognized, be given effect or applied.
POLITICAL LAW
- that branch of law which treats of the science
of politics or the organization and
administration of government.
Political Law is subdivided into:
A. Constitutional Law
– that branch of law which treats of the
constitution, its establishment, construction and
interpretation, and the validity of legal
enactments as tested by the criterion of
conformity to the fundamental law.
B. Administrative Law
– the branch of law which deals with the
activities or functions of executive or
administrative agencies (departments, bureaus,
boards, commissions) under the administrative
supervision of the Office of the President
JURISPRUDENCE (case law)
- Juris- Latin word meaning “law” or “legal”
- Prudentia- Latin word for “Knowledge” or
“Wisdom”
Statutory Construction
- Statutes are often ambiguous enough to
support more than one interpretation, and the
material reflecting legislative intent is
frequently sparse. This leaves courts free to
interpret statutes according to their own
predilections
Literal meaning or plain meaning rule
- If the statute is clear, plain and free from
ambiguity, it must be given its literal meaning
and applied without attempted interpretation.
- Ubi lex non distinguit nec nos distinguere
debemus
When the law does not distinguish, do not
distinguish
- dura lex sed lex
The law maybe harsh, but is still the law
Doctrine of necessary implication
- what is implied in a statute is as much a part
thereof as that which is expressed
- Every statute is understand by implication to
contain all such provision as may be necessary
to effectuate to its object and purpose, or to
make effective rights, powers, privileges or
jurisdiction which it grants, including all such
collateral and subsidiary consequences as may
be fairly and logically inferred from its terms.
Stare Decisis
- The policy of courts to abide by or adhere to
principles established by decisions in earlier
cases
- "to stand by a decision," the doctrine that a
trial court is bound by appellate court decisions
(precedents) on a legal question which is raised
in the lower court. Reliance on such precedents - The omission of that degree of diligence
is required of trial courts until such time as an
appellate court changes the rule, for the trial which is required by the nature of the
court cannot ignore the precedent
obligation

Core Ethical Principles

- Failure to exercise the care that a prudent

person usually exercises

Autonomy

 Respect patients as individuals (e.g.,

Negligence Test
respecting their privacy by
maintaining confidentiality and being
truthful about their medical care).
- Did the defendant in doing the alleged
 Provide the information and negligent act use the reasonable care and
opportunity for patients to make their own caution which an ordinary prudent person
decisions regarding their would have used in the same situation ?
care (e.g., informed consent).

 Honor and respect patients' decisions

regarding their choice to accept or decline - if not, then he is guilty of negligence
care.

 In addition to having the right to Civil Action

refuse a diagnostic or therapeutic
intervention, patients also have the right 2 Types of Civil Liability :
to refuse to receive information

1. Culpa Contractual
Beneficence
2. Culpa Aquiliana
 Act in the best interest of the patient and
advocate for the patient.
Culpa Contractual
 May conflict with autonomy

Nonmaleficence
 Culpa contractual ( breach of contract) -
 Avoid causing injury or suffering to
when a nurse is contractually
patients
obligated to perform a particular
 May conflict with beneficence health service or intervention to a
patient and caused death or injury to the
Justice latter
 Treat patients fairly and equitably.

 Equity is not the same as equality.  Contract ( Art. 1305, Civil Code) - is a
meeting of minds between two
persons whereby one binds himself, with
Negligence
 respect to the other, to give
something or to do some service.
Administrative

(Salalima vs. Guingona [1996])

Culpa Aquiliana (Tort/Quasi-delict)
- An administrative offense means every
act or omission which amounts to, or
constitutes, any ground for disciplinary action

 Culpa- aquiliana - absence of contractual

relationship, a nurse may be liable for Contracts
damages or injuries arising from
- A meeting of minds between two persons
negligent conduct
whereby one binds himself, with respect to the
other, to give something or to render some
service
- It is a liability which arises from breach of a
duty to any person fixed by the laws and such
breach constitutes violation of a private legal
right, without any contract

Breach of Contract
Criminal Action
- Unjustified failure to perform all or part of
the contractual duty
Arises when a person perpetrates a crime or
violates a special penal law or local government
ordinance - If the breach is substantial, the entire
agreement may be broken and damages
may result
1. Felony- violations of crimes listed under the
Revised Penal Code; crimes Mala- in se
(deceit/dolo) - If only part of the contract is breached, the
remaining part of the contract maybe in
2. Offense – violation of a Special law; crimes
effect
Mala prohibita

3. Infraction – violation of an Ordinance

4. Criminal Negligence- commission of a crime

through fault ( culpa)

Criminal Negligence

- also called Imprudence

- a kind of negligence suit which arises from

the failure of the health care professional to
apply to his profession that degree of care and
skill which is ordinarily employed by his
profession under similar conditions