NURSING LAW

NCM 119: NURSING LEADERSHIP AND MANAGEMENT (LECTURE)

BS Nursing | SEM 1 2022

3. Right to enforce the same

LAW must be provided
- Any rule of action
- Norm of conduct applicable to all NURSING JURISPRUDENCE
kinds of action and to all objects
- Science of law that includes the
of creation
study and interpretation of legal
- Rule of Conduct - just and
rules and principles and their
obligatory, promulgated by
application and the regulation of
competent authority for
the practice of nursing.
common observance and
NURSING LEGISLATION
benefits
- Making of laws, or the body of laws
- Law is defined as a rule of
already affecting the practice of
conduct pronounced by
nursing.
controlling authority, which may
be enforced.
FUNCTIONS OF NURSING LAW
- Provides a framework for
GENERAL DIVISION OF LAW
establishing what nursing actions
1. NATURAL LAW - an integral part
in the care of patients are legal.
of nature, it is immutable and
- Delineates the nurse’s
inherent in the nature of man or
responsibilities from those of
every element or part of the
other professionals.
universe.
- Helps to establish the boundaries
- i.e: Ten Commandments of God
of independent nursing actions.
2. POSITIVE LAW - a precept made
- Assists in maintaining a standard
and improved by someone in
of nursing practice by making
authority.
nurses accountable to the law.
a. DIVINE LAW - Law
promulgated by Divine
Creator COURT MECHANISM
b. HUMAN LAW - Division LAWSUIT
- General or Public - includes - Proceeding in court for a purpose.
international law, constitutional law. PURPOSE
- Private or Individual - include civil 1. To enforce a right
law and procedural law. 2. To redress a wrong
PARTIES TO CASES
Three Essential Characteristics of - Civil Case - complainant /
Every Law dependant
- Criminal Case - plaintiff / accused
1. Authority or the right to
declare the rule exists
LAWSUIT
2. Rule is pronounced or - Refers to any action, complaint,
expressed and its source can charge case or legal proceeding
be identified brought before the court of law or
tribunal or quasi-judicial body in

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NCM 119: NURSING LEADERSHIP AND MANAGEMENT (LECTURE)
BS Nursing | SEM 1 2022
which a party commencing the
case seeks legal remedy.
LIABILITY
- An obligation or duty which is owed
by one person to another to refrain
from some source of conduct
injurious to the latter or to perform
some act or to do something for
the restitution or injunction the
benefit of the latter and to give
remedy to the latter or damages.
STATUTE OF LIMITATION
- The length of time following the
event during which the plaintiff may
file a case.
- Example in Negligence - it should
be filled within 2 - 3 years from
occurrence
NEGLIGENCE
- Commission or omission of an
act, pursuant to a duty, that a
reasonably prudent person in the
same or similar circumstances
would or would not do, and acting
or the non-acting of which is the
proximate cause of injury to
another person or his property.
Types of Negligence
4. RECKLESS IMPRUDENCE - A
person does an act or fails to do
it voluntarily but without malice
from which material damage
results immediately.
5. SIMPLE IMPRUDENCE - The
person or the nurse did not use
precaution and the damage was
not immediate or impending
danger was not evident or did
not manifest.
ELEMENTS OF PROFESSIONAL
NEGLIGENCE
1. Existence of a duty on the part of
the person charged to use due
care under circumstances.
2. Failure to meet the standard of
due care.
3. The foreseeability of harm
resulting from failure to meet the
standard.
4. The fact that the breach of this
standard resulted in an injury to
the plaintiff
MALPRACTICE
- Improper or unskillful care of a
patient by a nurse.
- Denotes stepping beyond one’s
authority with serious
consequences.
- Negligence or carelessness of
professional personnel.
- Refers to a negligent act
committed in the course of
professional performance.
- Example: Giving of anesthesia by
a nurse or prescribing medicine.
INCOMPETENCE
- Lack of ability, legal qualifications,
or fitness to discharge the
required duty.
DOCTRINES UNDER NEGLIGENCE
3. Doctrine of RES IPSA
LOQUITUR - The Thing Speaks
for Itself.
4. Doctrine of RESPONDEAT
SUPERIOR - Let the Master
Answer; principal answer for the
act of its agent.
5. Doctrine of FORCE MAJEURE-
Superior Force; Act of God;
fortuitous event
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NURSING LAW
NCM 119: NURSING LEADERSHIP AND MANAGEMENT (LECTURE)
BS Nursing | SEM 1 2022
EXAMPLES:
RES IPSA LOQUITUR
Three conditions are required to
establish negligence without proving
specific conduct. These are:
1. That the injury was of such
nature that it would not
normally occur unless there
was a negligent act on the part
of someone.
2. That the injury was caused by
an agency within control of the
defendant.
3. That the plaintiff himself did not
engage in any manner that
would tend to bring about the
injury.
DOCTRINE OF RESPONDEAT
SUPERIOR
- “Let the master answer for the
acts of the subordinate.”
- The liability is expanded to
include the master as well as the
employee and not a shift of
liability from the subordinate to
the master.
DOCTRINE OF FORCE MAJEURE
- Irresistible force, one that is
unforeseen or inevitable.
- “No person shall be responsible
for those events which cannot
be foreseen, or which, though
foreseen, are inevitable, except
in cases expressly specified by
law,” (Civil Code of the
Philippines).
- Circumstances such as floods,
fire, earthquakes, and
accidents fall under this
doctrine and nurses who fail to
render service during these
circumstances are not held
negligent.
● The hospital will be held liable if, in
an effort to cut down on expenses
the administration decides to hire
underboard nurses in place of
professional nurses, and these
persons prove to be incompetent.
● The surgeon will be held
responsible in case a laparotomy
pack is left in a patient’s abdomen.
TORTS
- 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.
EXAMPLES OF TORTS
1. ASSAULT & BATTERY
a. ASSAULT is the imminent
threat of harmful or
offensive bodily contact.
It is unjustifiable to touch
another person, or to
threaten to do so in such
circumstances as to cause
the other to reasonably
believe that it will be carried
out.
b. BATTERY is an
intentional, unconsented
touching of another
person. It is important that
before a patient can be
touched, examined,
treated, or subjected to
medical/surgical
procedures, he must have
given a consent to this
effect.
2. FALSE IMPRISONMENT OR
ILLEGAL DETENTION
- False imprisonment means
the unjustifiable detention
of a person without a legal
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NCM 119: NURSING LEADERSHIP AND MANAGEMENT (LECTURE)
BS Nursing | SEM 1 2022
warrant within boundaries
fixed by the defendant by
an act or violation of duty
intended to result in such
confinement.
3. 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
one’s life without having
anyone’s name, picture or
private affairs made public
against one’s will.
4. DEFAMATION
- Defamation in general is
character assassination,
be it written or spoken.
- SLANDER is oral
defamation of a person by
speaking unprivileged or
false words by which his
reputation is damaged.
- 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.
CRIMES
- An act committed or omitted in
violation of the law
ELEMENTS OF CRIMINAL OFFENSES
1. CRIMINAL ACT - acts or offenses
against public welfare.
a. Misdemeanor - criminal
offense which does not in
law amount to felony
b. Felony - a public offense
for which a convicted
person is liable to be
sentenced to death or to
be imprisoned
- Deceit - (dolo) the
act is performed
with deliberate
intent.
- Fault - (culpa)
wrongful acts result
from imprudence,
negligence, or lack
of skill or foresight.
2. EVIL/CRIMINAL INTENT - the
state of mind of a person at the
time the criminal act is committed.
FELONIES ACCORDING TO THE
DEGREE OF THE ACTS OF
EXECUTION
1. CONSUMMATED - all the
elements necessary for its
execution and accomplishment
are present.
2. FRUSTRATED - the offender
performs all the acts or
execution which will produce the
felony as a consequence but
nevertheless, do not produce it
by reason of causes
independent of the will of the
perpetrator.
3. ATTEMPTED - the offender
commences the commission of
the same directly by overt acts,
and does not perform all the
acts or execution which shall
produce the felony, by reason of
some causes or accident other
than his own spontaneous
desistance.
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NCM 119: NURSING LEADERSHIP AND MANAGEMENT (LECTURE)
BS Nursing | SEM 1 2022
FELONIES ACCORDING TO THE
DEGREE OF PUNISHMENT
GRAVE FELONIES
- The law attaches the capital
punishment (death) or penalties
which in any of their periods are
afflictive (imprisonment ranging
from 6 years and 1 day to life
imprisonment or a fine not
exceeding P6,000.00)
LESS GRAVE FELONIES
- The law punishes with penalties
which in their maximum period
are correctional (imprisonment
ranging from 1 month and 1 day
to 6 years or a fine not
exceeding P6,000.00 but not
less than P200.00)
LIGHT FELONIES
- Infractions of law from the
commission of which the penalty
of arresto menor (imprisonment
for 1 day to 30 days or a fine
not exceeding P200.00 or both
of which are imposed).
CLASSIFICATIONS OF PERSONS
CRIMINALLY LIABLE
1. PRINCIPALS
- Takes a direct part in the
execution of the act.
- Directly forces or induces others
to commit the act.
- Cooperates in the commission of
the offense by another act without
which it would not have been
accomplished.
2. ACCOMPLICES
- Cooperates in the execution of the
offense by previous
simultaneous act.
- Had criminal knowledge of the
criminal intention of the principal.
3. ACCESSORIES
- Having knowledge of
commission of the crime, takes
part subsequent to its commission
by profiting themselves or
assisting the offender to profit
from the effects of the crime by
concealing or destroying the
body of the crime, or the effects or
instruments, in order to prevent its
discovery or by harboring,
concealing, or assisting in the
escape of the principal.
CIRCUMSTANCES AFFECTING
CRIMINAL LIABILITY
1. JUSTIFYING CIRCUMSTANCES
- 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
2. EXEMPTING CIRCUMSTANCES
- Insane/imbecile
- Under 9 y/o
- Under force
- Under fear
- Force majeure
- Performance of a lawful act
3. AGGRAVATING CIRCUMSTANCES
- Treachery/taking advantage of
superior strength
- Price/reward, promise
- Fire, poison, explosion
- Fraud/disguise
- Calamities
or
Premeditation
- Cruelty
4. MITIGATING CIRCUMSTANCES
- Under 18 y/o or over 70 y/o
- No intention
the
- Sufficient provocation/threat
preceding the act
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NCM 119: NURSING LEADERSHIP AND MANAGEMENT (LECTURE)
BS Nursing | SEM 1 2022
- Immediate vindication
- Voluntary surrender
- Deaf & dumb/ with physical defect
- Neurologic disorder
MORAL TURPITUDE
- 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.
HOMICIDE
- The killing of a human being by
another. It may be committed
without criminal intent, by a person
who kills another, other than his
father, mother, or child or any of
his ascendants or descendants,
or spouse, without any of the
circumstances attendant the crime
of murder.
ABORTION
- Expulsion of the product of
conception before the age of
viability.
- In the Philippines, infants from 24
to 28 weeks' gestation (or with an
anticipated birth weight of
500–1000 g where GA is
uncertain) are potentially viable.
- Any person who, with the intention
of prematurely ending a -
pregnancy, willfully and unlawfully
does any act to cause the same is
guilty of abortion.
INFANTICIDE
- The killing of a child less than
three (3) days of age.
- The mother of the child who
commits this crime shall suffer the
penalty of imprisonment ranging
from 2 years, 4 months and one
day to six years.
PARRICIDE
- A crime committed by one who kills
his/her father, mother, or child
whether legitimate or illegitimate,
or any of his/her ascendants or
descendants or his/her spouse.
- A person convicted of this crime
shall be imposed a penalty of life
imprisonment (reclusion
perpetua) to death.
ROBBERY
- Crime against a person or
property. The taking of personal
property of another person from
his or in his presence.
SIMULATION OF BIRTH,
SUBSTITUTION OF ONE CHILD FOR
ANOTHER, OR ABANDONMENT OF
A LEGITIMATE CHILD
- A crime committed by one who
enters in a birth certificate a birth
that did not occur. It is a crime
against the civil status of a
person.
Substitution of one child for
another, or abandonment of a
legitimate child with intent to
cause such child to lose his/her
civil status shall be punishable for
simulation of birth, by prison
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NCM 119: NURSING LEADERSHIP AND MANAGEMENT (LECTURE)
BS Nursing | SEM 1 2022
mayor and a fine not exceeding
one thousand pesos.
TELEPHONE ORDERS
- There are legal risks in telephone
orders:
- These may be
misunderstood or
misinterpreted by the
receiving nurse.
- Messages from telephones
may sound unclear or
garbled because of some
trouble in the telephone
lines.
- The signature of the
ordering physician is not
present and this order may
later be denied in case
error happens or court
litigations arise.
- The nurse should read back such
an order to the physician to make
certain the order has been
correctly written.
- Such an order should be signed
by the physician on his/her next
visit within 24 hours.
- The nurse should sign the name
of the physician on her own and
note the time the order was
received.
- Should any problem arise, the
order should be referred back to
the ordering physician.
- It is safer that when a telephone
order is given, another resident
physician or intern in the same
service receives it since the latter
can discuss with the former the
actual condition of the patient.
CONSENT
- 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.
- Consent is an authorization by a
patient or a person authorized by
law to give the consent on the
patient’s behalf.
INFORMED CONSENT
1. It is an established principle of law
that every human being of adult
years and sound mind has the
right to determine what shall be
done with his own body. He may
choose whether to be treated or
not and to what extent, no matter
how necessary the medical care,
or how imminent the danger to his
life or health if he fails to submit to
treatment.
ESSENTIAL ELEMENTS OF
INFORMED CONSENT
1. The diagnosis and explanation
of the condition.
2. A fair explanation of the
procedures to be done and
used and the consequences.
3. A description of alternative
treatment or procedures.
4. A description of the benefits to
be expected
5. Material rights if any
6. The prognosis if the
recommended care or procedure
is refused.
WHO MUST CONSENT
2. Ordinarily, the patient is the one
who gives the consent on his own
behalf.
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NCM 119: NURSING LEADERSHIP AND MANAGEMENT (LECTURE)
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3. However, if the patient is
incompetent or physically unable
and is not an emergency case,
consent must be taken from
another person who is authorized
to give it in his 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 minor is married or
otherwise emancipated.
EMERGENCY SITUATION
4. When an emergency situation
exists, no consent is necessary
because inaction at such time may
cause greater injury.
REFUSAL TO CONSENT
5. Patients who are mentally and
legally competent have the right
to refuse the touching of their
body or to submit to a medical or
surgical procedure no matter how
necessary, nor how imminent the
danger to their life or health if they
fail to submit to treatment.
CONTRACT
- A meeting of minds between two
persons whereby one binds
himself, with respect to the other,
to give something or to render
some service.
- A promise or a set of promises
which the law recognizes as duty
and when that duty is not
performed, the law provides a
remedy.
KINDS OF CONTRACTS
FORMAL CONTRACT
- Refers to an agreement among
parties involved and is required
to be in writing by some special
laws.
- Examples: Marriage contracts,
mortgages, deed of sale, or work
contracts
INFORMAL CONTRACT
- On which is concluded as a
result of a written document or
correspondence where the law
does not require the same to be
in writing, or as a result of oral
and spoken discussion between
the parties or conduct between
the parties, evidence and
intention to contract.
EXPRESS CONTRACT
- One in which the conditions and
terms of the contract are given
orally or in writing by the
parties concerned.
- Examples: Kinds of services
offered, salary, date and time of
effectively including fringe
benefits
IMPLIED CONTRACT
- One that is concluded as a result
of acts of conduct of the parties
to which the law ascribes an
objective intention to enter a
contract.
VOID CONTRACT
- One that is inexistent from the
beginning and therefore may
not be enforced.
ILLEGAL CONTRACT
- One that is expressly
prohibited by law.
REQUISITES OF A CONTRACT
1. To have a contract, two or more
persons must participate.
2. The parties involved must give
consent to the contract.
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NCM 119: NURSING LEADERSHIP AND MANAGEMENT (LECTURE)
BS Nursing | SEM 1 2022
3. The object which is the subject
matter of the contract must be
specified such as:
a. All things which are not
outside the commerce of
man.
b. All rights which are not
intransmissible.
c. Future inheritance in
cases expressly authorized
by law.
d. All services which are not
contrary to law, morals,
good customs, public order,
and public policy.
4. The cause of obligation is
established. The time, price, and
subject matter are expressed.
5. Contracting parties must have the
legal capacity to enter into a
contract. They must:
a. Be of legal age
b. Be of sound mind
c. Not under the influence of
intoxicating drugs, or fear of
bodily harm
d. Not be suffering from
physical disability such as
those who are mentally
competent
INEXISTENT CONTRACTS
The following contracts are void or
inexistent from the beginning.
1. Those whose cause, object, or
purpose are contrary to law,
morals, good customs, public
order, or public policy.
2. Those who cause or object did not
exist from the time of transaction.
3. Those whose object is outside the
commerce of man.
4. Those which contemplate an
impossible service.
5. Those where the intention of the
parties relative to the principal
object cannot be ascertained.
6. Those expressly prohibited or
declared void by law.
7. Those which are absolutely
simulated or fictitious.
INEXISTENT CONTRACTS
The following contracts are voidable or
annullable, even though there may have
been no damage to the contracting
parties.
1. Those contracts wherein one of
the parties is incapable of giving
consent to a contract.
2. Those whose consent is vitiated by
mistake, violence, intimidation,
undue influence, or fraud.
EXAMPLES OF ILLEGAL
CONTRACTS
1. Those that are made in
protection of the law.
- If a nurse proceeds to administer
intravenous injections without
special training and according to
protocol established, she
violates RA 9173.
2. Consent obtained by fraud.
- If a nurse obtained a consent of
the patient through
misrepresentation that she is
licensed although she is not,
such a contract is illegal.
3. Those obtained under duress.
- Duress means actual or threat
of violence or imprisonment in
order to obtain consent.
4. Those obtained under undue
influence.
- If a nurse who has been taking
care of an elderly patient uses
her close relationship to
acquire a high salary or other
options as property.
5. Those obtained through
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NCM 119: NURSING LEADERSHIP AND MANAGEMENT (LECTURE)
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material misrepresentation.
- Aside from fraud, material
misrepresentation may permit
a person to avoid or cancel a
contract.
- Suppose a midwife applied as a
nurse in an agency and was
soon found not to be a
registered nurse, the contract
signed becomes illegal.
BREACH OF CONTRACT
- Failure to perform an agreement,
whether expressed or implied,
without cause.
- The following constitute breach of
contract for nursing services:
I. Prevention of performance.
II. Failure to perform because of
inconvenience or difficulty.
III. Failure of cooperation in
performance.
IV. Abandonment of duty.
V. Substitution of performance.
VI. Failure to use due care.
LEGAL EXCUSES IN REFUSING,
NEGLECTING, OR FAILURE TO
PERFORM A CONTRACT
1. Discovery of material
misrepresentation made and
relied upon.
2. Where performance will be illegal.
3. Where performance is made
possible by reason of illness.
4. Where performance is made
impossible by the death of a
patient or nurse.
5. Where performance is made for
other reasons.
6. Where the contract is insufficient.
ADVANTAGES OF WRITTEN
CONTRACTS
1. A written contract is certain. It
voids the uncertainty of human
memory.
2. It can specify a definite time
within which it is binding so as to
protect both sides against
sudden changes without notice.
It also fixes a time limit after
which conditions are no longer
binding but may be opened for
rediscussion.
3. It sets a standard and relieves
an individual professional person
from haggling over
compensation.
4. It is more likely to be open and
well-known so that the use of
written contracts tends to
establish minimum standards
for professional practitioners and
to protect them against
discrimination in
compensation.
5. It is definite and can be definite
on many details which may
otherwise stimulate favoritism
or caprice even among
professionals, such as hours of
work, vacation allowances,
holiday privileges, health, and
insurance provisions.
6. It can provide a definite
procedure in case of complaints
about substandard work, so
that the employer has a clear
course and the professional
nurse has protection against
arbitrary action.
7. It creates a minimum of
certainty and security for the
professional employee so that
he is free to concentrate on his
work without concern for the
details which the written
contract has settled.
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