NURSES AND CRIMINAL  Consummated=all elements present /purpose was

accomplished
LIABILITIES  Frustrated= all executory acts present but failed to
Importance Of The Concept On Crimes And accomplish purpose
Nurses  Attempted=not all acts of execution were present
Criminal Law
Criminal Law Is A Public Law Stages of Execution
Criminal Law Can Be Derived From Revised 1. Consummated crimes or felonies:
Penal Code (Act 3815) And Special Criminal Or  All elements execution present
Penal Laws
 All elements accomplishment are present;
Nursing Law Ra 9173 Is A Special Penal Law
 ( sample scenarios )
Characteristics Of Criminal Law:
2. Frustrated Felonies:
1. Generality
2. Territoriality  All acts execution present
3. Prospectivity  Felony not accomplished
 By reason of cause
(DOCTRINE OF PRO-REO)  Independent of will of perpetrator
(common law is not recognized in the philippines)  ( sample scenarios )

Crime: any wrongful acts committed against the public 3. Attempted felonies:
and punishable by law  Commenced overt acts
 Did not perform all acts of execution
CRIMINAL CASE VS. CIVIL CASE  Due to some cause or accident
 Other than offender spontaneous desistance
CRIMES MAY BE:  ( sample scenarios )
Felonies= revised penal code
Offenses= special penal laws
FELONIES ACCORDING TO
FELONIES ARE CLASSIFIED AS: SEVERITY/GRAVITY
A. NATURE:  Grave felony
1. Mala in se= nature of act  Less grave felony
2. Mala prohibita= punished by law  Light felony

B. MANNER OF COMMISSION: 1. Grave felonies:

1. Intentional= Dolo/malice/intent  Imprisonment of = afflictive to capital
2. Culpable (fault)=negligence, reckless punishment
imprudence,lack of skill or foresight  ( prison mayor until reclusion perpetua or life
imprisonment)
3 ESSENTIAL ELEMENTS OF A FELONY:  Fine= above 6000 pesos
1. Act or commission
2. Punishable by rpc,special laws 2. Less Grave Felonies:
3. Dolo/culpa ( intent,fault)  Imprisonment : correctional penalties
 (arresto mayor-prision correctional)
REQUISITES OF DOLO/MALICE OR INTENT:
 Fine: Php 201-6000 pesos
 Freedom
 Intelligence 3. Light Felonies:
 Intent  Imprisonment: arresto menor
 Fine: 200 pesos or less
REQUISITES OF FAULT/CULPA:
 Freedom PERSONS WHO ARE
 Intelligence CRIMINALLY LIABLE
 Imprudence or negligence
ACCORDING TO STAGE OF EXECUTION : Nurses And Participation In Criminal Offenses:
Felonies May Be: 1. Principal
2. Accomplices=accessory before the act

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 3. Accessories= accessory after the fact
Participation © (f) (A)
 Conspiracy To Commit A Crime
 Proposal To Commit A Crime Principals full 1 2
Accomplices 1 2 3
Principals: Accessories 2 3 0
1. By Inducement (no liability )
2. By Direct Participation
3. By Indispensable Cooperation Reasons for penalty:
1. Prevention
Examples: 2. Society’s defense
 Nurse who induces one to inject drugs to the 3. Reformation
patient 4. Exemplarity
 Nurse who assisted the doctor for euthanasia 5. Justice and equity
 An onlooker nurse who aided the doctor to kill
the patient Penalty: fine , imprisonment or both

Accomplices: Civil indemnity= restitution,reparation of

1. Participation and cooperation not necessary to damages,indemnity for social and personal injury
consummate the crime. ( damages in the form of MENTAL)
2. Crime committed before or simultaneous to
principal act. Extinction of criminal liability:
1. Death of convict
Accomplices Acts: 2. Service of sentence
 Nurse who recommends abortionist 3. Amnesty
 Nurse who recommends ways to abortion 4. Pardon and other forms of executive clemency
5. Prescription of crime
Accessory: accessories after the fact: 6. Prescription of penalty
 profit from crime 7. Marriage in some crimes
 conceal or destroy body of the crime or effects
thereof
 help criminal to escape or hide or conceal CIRCUMSTANCES AFFECTING
crime/criminals
CRIMINAL LIABILITIES
Who Are Liable  JUSTIFYING
 EXEMPTING
Grave And Less Grave Felonies:  MITIGATING
1. Principals  AGGRAVATING
2. Accomplices  ALTERNATIVE
3. Accessories

Light Felonies Justifying and exempting = no crime was committed

1.Principals
2.Accomplices Mitigating=lessen/reduce/palliate the penalty

Accessories not liable in light felonies and Aggravating =increases penalty

relatives up to second degree
affinity/cosanguinity. Alternative=either mitigating or agravating depending
upon circumstances
PENALTY JUSTIFYING:
1. Self-defense ( unlawful aggression, reasonable
Penalty depends upon: means,lack of provocation)
a. stages of execution 2. Defense of relative
b. participation in criminal offenses 3. Defense of stranger
4. Avoidance of greater evil or injury (evil
Stages of execution consummated frustrated attempted.

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 exists,injury greater, no other means) CATEGORIES OF CRIME
5. Fulfillment of duty or lawful exercise of right or
office;
Crimes That Nurses May Commit:
6. Obedience to a lawful order of superior.
 Against Persons
EXEMPTING CIRCUMSTANCES:  Against Personal Liberty
1. Imbecility/insanity ( insane= not during  Against Property
lucid interval)  Against Chastity
2. Nine years old and below  Against Civil Status Of A Person
3. Over 9 under 15 years unless discernment  Against Honor
4. Accident while performance of lawful act  Criminal Negligence
5. Force majeure/irresistible force from third
person CRIMES AGAINST PERSONS
6. Uncontrollable fear or intimidation by third person
 Parricide
7. Lawful or insuperable cause ( not able to perfrom
 Murder
duty because of lawful or insuperable cause)
 Homicide
MITIGATING ( incomplete justifying or exempting)  Giving assistance to suicide
1.Under 18 above 70 years ( 0r 9-15 years with  Infanticide
discernment)  Abortion
2. No intention to commit so grave a wrong  Mutilation
3. Provocation/threat  Physical injuries
4. Passion/obfuscation  Rape
5. Immediate vindication of grave offense
6. Voluntary surrender/confession of guilt CRIMES AGAINST PERSONAL
7. Illness of the offender
8. Physical defect LIBERTY
9. Similar and analogous (impulse of jealousy,  Kidnapping Or Illegal Detention
poverty or necessity)  Abandonment Of Persons In Danger
 Abandonment Of One’s Own Victim
AGGRAVATING  Threats
1. Public Position  Grave Coercion
2. Contempt/Insult Of Authorities
3. Abuse Of Confidence/Ungratefulness
4. Place Where Committed (Palace, Church,I CRIMES AGAINST PROPERTY
Presence)  Robbery
5. Nighttime,Uninhabited Place  Theft
6. Calamities/Misfortune  Larceny
7. Price/Reward/Promise  Swindling Or Estafa
8. Armed Men /Band  Destructive Arson
9. Disregard Of Sex, Rank Or Age  Malicuious Mischief
10. Recidivism/Habituality
11. Evident Premeditation
12. Fire/poison etc
CRIMES AGAINST CHASTITY
13. Fraud.disguise/ craft  Adultery
14. Superior strength  Concubinage
15. Weaken defense  Seduction
16. Ignominy (shame)  Abduction
17. Motor vehicle,unlawful entry,cruelty
CRIMES AGAINST CIVIL
Alternative Circumstances: (RITE)
R-----relationship STATUS
I------intoxication  Simulation of birth
T----- training  Substitution of one child for another
E-----education  Concealment or abandonment of legitimate child
 Usurpation of civil status

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  Bigamy 4. May be committed by the mother or maternal
 Marriage contracted against provisions of the grandmother to conceal dishonor
law
Giving Assistance to SUICIDE
Elements:
CRIMES AGAINST HONOR 1. Giving of means to commit
 Libel (written) 2. Positive and direct cooperation to another who wish
 Slander ( grave oral defamation) to end his life
 Slander by deed ( he did not do the killing )
(he did the killing)
OTHER CRIMES: (suicide not consummated)
 Battery
 Assault ABORTION
 Perjury Elements
 Forgery 1. Expulsion of fetus
2. Before viability
CRIMINAL NEGLIGENCE 3. Death of fetus
 Reckless imprudence
 Simple imprudence KINDS:
1. Intentional
2. Unintentional
Crimes against Persons 3. Practice By Women Or With Her Consent
4. Practice By Parents Of Woman With Her Consent
MURDER 5. Practice By Physician , Nurse Or Midwife
Elements: Dispensing Of Abortives Is Also A Crime If Done
1. Unlawful killing Without Prescription From The Doctor
2. Not parricide
3. Qualifying circumstances:
a. treachery MUTILATION
b. price,reward,promise Elements:
c. inundation,fire,poison 1. Intentionally mutilate another
d. earthquake,epidemic,calamity etc. 2. Depriving totally or partially
e. evident premeditation 3. Essential organs of reproduction
f. cruelty
g. outraging victim or corpse PHYSICAL INJURIES
PARRICIDE SERIOUS PHYSICAL INJURIES:
Elements:  wounds,beats,assaults
1. Unlawful killing
 incapacity for labor or medical attendance for 31
2. Father,mother,child (legitimate or illegitimate)
days or more
3. Ascendants,descendants,spouse
LESS SERIOUS PHYSICAL INJURIES
HOMICIDE
 inflict injury
Elements:
1. Unlawful killing  incapacity or medical attendance 10-30
2. Not parricide days
3. Committed without any qualifying circumstances to
murder SLIGHT PHYSICAL INJURIES
 Incapacity or medical attendance 1-9 days
INFANTICIDE
ELEMENTS:
1. Unlawful killing
RAPE (RA 8353)
2. Child less than three ( 3 ) days old ( less than
72 hours old ) Rape committed by a man on a woman with carnal
3. Penalties may be parricide or murder but the label is knowledge of a woman:
still infanticide:
CIRCUMSTANCES: (ANY OF THE FOUR)

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 1. through F I S T S GRAVE COERCION
2. offended party deprived of reason or Elements:
unconscious 1. Without authority of law
3. fraudulent machinations or grave abuse of 2. By means of violence ,threat or
authority intimidation: either:
4. offended party under 12 years or demented a. prevents another from doing something
even if 1,2,3 above is not present not prohibited by law
b. compels him to do something against his
Rape by any person on another person: will,whether be it right or wrong.
sexual assault by:
1. Inserting penis in mouth,anus CRIMES AGAINST PROPERTY
2. Inserting any instrument into genital or any anus
(with any elements 1,2,3,4 enumerated in previous slide)
ROBBERY
ELEMENTS:
CRIMES AGAINST PERSONAL 1. With intent to gain
LIBERTY 2. Took personal property
belonging to another without
 Kidnapping ( illegal detention)
consent
 False imprisonment 3. By means of violence,intimidation,force
 Arbitrary detention THEFT
ELEMENTS:
1. With intent to gain
2. Took personal property of another
E l e m e n t s: without consent
1. Kidnaps or detains another 3. Without violence, intimidation or
2. In any manner that deprives his liberty force
ABANDONMENT Larceny = public property
OF PERSONS IN DANGER: SWINDLING/ESTAFA
1. Fails to render assistance Elements:
2. Person wounded in uninhabited place, 1. Defrauds one another
danger of dying 2. With ways under article 315
3. When he can render assistance without revised penal code
Detriment o himself
4. Abandoned child under 7 years and failed DESTRUCTIVE ARSON
to deliver to authorities,family or safe Elements:
place 1. Burns a building , train ,ship
or airplane, etc.
OF ONES OWN VICTIM 2. With intent to destroy/ruin
1. Fails to help or render assistance
2. To one whom he accidentally injured or MALICIOUS MISCHIEF
wounded Elements:
1. Deliberately causes
THREATS a. Damage to property of
another
GRAVE THREATS: b. Not covered under arson
1. Threaten another Unjust vexations
2. With infliction upon person,
honor,or property
3. Wrong amounting to crime CRIMES AGAINST CHASTITY
LIGHT THREATS: ADULTERY
1. Threat to commit wrong not Elements:
amounting to crime 1. Committed by married woman
2. Sexual intercourse with
a. man not her husband

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 b. man who has carnal knowledge of will with lewd design
her
B. CONSENTED = abduction of virgin over 12
CONCUBINAGE under 18,with consent and lewd
Elements: design
1. Committed by married man
2. Who: SPECIAL CRIMES AGAINST
a. keeps mistress in the conjugal
dwelling CHASTITY
b. has sexual intercourse, under scandalous  Against Ra 7877= The Anti-Sexual Harassment
circumstances with a woman not his wife or; Act Of 1995
c. cohabits with a woman not his wife in
any other place. CRIMES AGAINST CIVIL
STATUS OF A PERSON
 Simulation of birth
ACT OF LASCIVIOUSNESS  Substitution of one child for another
Elements:  Concealment or abandonment of a legitimate
1. Act that is lewd child
2. Lustful,tendig to produce voluptuous  Usurpation of another’s civil status
or lewd emoions  Bigamy
3. Either gender
4. Short of lying with one
5. Independent from intention of CRIMES AGAINST CIVIL
wrongdoer STATUS
6. Anything leading to sexual act
BIGAMY:
1. Contracting 2nd or subsequent marriage
SEDUCTION a. Before former marriage has been
Withdrawing a person from path of rectitude;leading legally dissolved
astray B. Before absent spouse has been judicially
CLASSIFICATION: declared presumptively dead.
1. Simple Seduction ( can a nurse who is legally married in the philippines
a. unlawful carnal intercourse and got married to another man in the united states be
b. woman single,widow of good prosecuted for bigamy)
reputation
c. over 12 under 18 years MARRIAGE CONTRACTED AGAINST THE LAW:
d. committed by deceit 1. Requirements of the law
have not been complied.
2. Qualified Seduction= seduction of a virgin 2. Marriage is in disregard of a legal impediment.
(doncella )= over 12- below 18
Committed by: OR: person seduced:
a. public authority a. sister
CRIMES AGAINST HONOR
b. priest b. descendant
c. home-servant c. whether virgin or LIBEL AND SLANDER
d. guardian not virgin DEFAMATION:
e. teacher d. over 18 years A. LIBEL= public and malicious imputation of a
f. any person entrusted with education or crime ( commonly written )
custody of woman seduced = vice or defect
= real or imaginary
ABDUCTION = tending to cause dishonor,discredit
or contempt of natural or juridical
 Kidnapping of woman from her home
person
 With intent to marry or corrupt her
= blacken memory of the dead
TYPES:
SLANDER ( ORAL )
A. FORCIBLE = abduction of woman against her
A. Grave oral defamation

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 b. Simple slander
c. Slander by deed:
= not oral or written but
casts dishonor, discredit; or
contempt upon another person
CRIMINAL NEGLIGENCE
 Committed by fault or culpa
 No intent
 Imprudence: > deficiency of action
> lack of skill
 Negligence: > deficiency of perception
> lack of foresight
four dddd as elements
duty damage
dereliction due care ( lack of )
RECKLESS IMPRUDENCE:
> material damage
> inexcusable lack of precaution
> considerations:
a. employment and occupation
b. degree of intelligence
c. physical condition
d. other circumstances of persons, time
and place
Simple Imprudence:
> lack of precaution in
a. damage impending to be
caused is not immediate
b. danger is not clearly
manifested
CRIMINAL AND CIVIL LIABILITY PRESENT IN
NEGLIGENCE
DOCTRINES:
A. RES IPSA LOQUITOR
B. RESPONDEAT SUPERIOR
C. FORCE MAJEURE
D. DOCTRINE OF LAST CLEAR CHANCE
E. STARE DECISIS
F. CONTRIBUTORY NEGLIGENCE
G. SOMERA CASE
H. LORENZO – PEREZ CASE
NURSES’ and QUASI-DELICTS
QUASI-DELICTS(TORTS) CULPA AQUILIANA
 Fault or negligence of a person
 Accompanies his act or omission
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 Causes damage
 No pre-existing contractual relations
 Who are liable:
 Person who caused damage
 Persons for whom responsible for another
person ( guardian, parents,etc)
 ( vicarious laibility )
Vicarious liability of:
A. Liability Of Parents Children Below 21 Years
(Ra 6809)
B. Liability Of Guardian
C. Liability Of Owners Or Managers Of
Establishments
D. Liability Of Employers
E. Liability Of Teachers
DEFENSE:
“diligence of a good father of the family”
in nursing: defense is extraordinary diligence
REQUISITES:
1. Act or omission of a person
2. Presence of fault or negligence
3. Damage to another caused by
act or omission
4. Existence of direct causal
connection between the damage and
the fault or negligence
5. No pre-existing contractrual
relations between parties
NURSES AND CONTRACTS
Contract: >meeting of minds of two
persons
>binds to give something
>to render some service
Contracts creates rights and obligations
3 esseential/statutory requisites:
1. Consent
2. Object/subject matter/prestation
3. Cause/consideration
 CONSENT denotes acceptance
 CONSENT must be informed and voluntary
 There must be capacity to give consent
 Persons incapacitated to give consent:
a. minors
b. insane or demented ( except lucid intervals)
c. deaf-mutes
d. drunkenness
 e. hypnotic spell (VOIDABLE OR TYPES: DESIGNATION
ANNULABLE) 1. Nominate
f. vices of consent 2. Innominate=implied
facio ut des
VICES OF CONSENT: FISTS facio ut facias
A. Mistake /error do ut des
b. Fraud/deceit do ut facias
c. Violence
d. Intimidation TYPES: TYPE OF PERFORMANCE
e. Undue influence/taking advantage 1. Executed
2. Executory
OBJECT/SUBJECT/PRESTATION (Thing/service) 3. Partially executed
a. Within commerce of man
b. Transmissible STAGES:
c. Not contrary to law, morals,good 1. Preparation/conception
customs,public order, 2. Perfection/birth
public policy 3. Consummation/termination
d. Not impossible
e. Determinate DEFECTIVE CONTRACTS
1. Rescissible
CAUSE/CONSIDERATION-REASON 2. Voidable
Requisites: 3. Unenforceable
A. Present 4. Void
b. True
c. Lawful BREACH OF CONTRACT
EXCUSES TO BREACH OF CONTRACT
CHARACTERISTICS OF CONTRACTS: MATERIAL MISREPRESENTATION
1. Autonomy ( freedom )
2. Obligatory NURSES AND WILLS
3. Consensuality
4. Mutuality of contracts
SUCCESSION
5. Relativity of contracts
Decedent= testator/intestate
Estate=legitime/disposable portion
TYPES: PERFECTION
1. Consensual= mere consent
SUCCESSION:
2. Real= delivery
1. Donations
3. Formal =formalities of law
2. Wills
TYPES: CAUSE
Heirs= testamentary (devisee,legatee)
1. Onerous
= compulsory
2. Remuneratory
3. Gratuitous
KINDS OF WILL
 Notarial
TYPES: PARTIES OBLIGATED
1. Unilateral  Holographic
2. Bilateral/reciprocal
 Testamentary capacity and requisite
TYPES: DEGREE OF DEPENDENCE  Formalities of the law
1. Preparatory  Witnesses to notarial will
2. Principal  Acknowledgement of will
3. Accessory  Allowance and disallowance of will
 Joint and mutual wills
 Escheats

NURSES AND RECORDS

Purposes:

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C- Communication/Continuity
L- Legal
Unintentional
E- Education
 negligence
A- Audit
R- Research  malpractice
S- Statistics
Intentional torts
Characteristics  assault/battery
A- Accuracy  illegal detention
B- Brevity  invasion of privacy/breach of c.
C- Clear/Current  libel/slander
L- Legibility
Simplicity Distinction Negligence and
FLIP- OA
Factual, Legible, Individualized, Personal, Malpractice
Organized, Actual
Both are unintentional torts
Two Types
 POMR- Problem Oriented Medical recording 1. Negligence is broad while malpractice is derived
 Traditional Or Source Oriented specifically from negligent act, in other words,
 Components; Data base, problem lists, initial malpractice is a professional negligence.
plans and progress notes
 SOAPIER 2. Negligence is an act of commission or omission
 SBAR- Situation, Background Action while malpractice is practice against standards
 Recommendation or beyond the scope of practice

Various Concept on Nursing

NURSES AND PRIVILEGED COMMUNICATIONS
Two types;
 Absolute----- Priests, pastor, nuns, ministers,
husband and wife
 Qualified Privileged- Professional relationship-
Nurses, Doctors, lawyers, accountants:
Exceptions:
1. Consent by the patient
2. Court order in criminal cases– subpoena duces
tecum
3. Public order policy or safety is concerned
4. It was the patient who revealed first
( estoppel )
 Ignorance of the law excuses no one from
violations thereof
 Dura lex sed lex
 Motu propio- on its own or its own initiative
 Subjudice-
Malpractice
Helen Creighton- “ the law every nurse should know”
(1986)
Malpractice is:
= a form of unintentional tort (like negligence)
committed by a professional such as a nurse, by which
professional misconduct, unreasonable lack of
professional skills and or non- compliance with accepted
standards of care causes injury to the client.
Douglas (1989:245) cited by de belen and de belen,
2007
Malpractice is :
= improper or unethical conduct by a professional ,
resulting in harm or injury or death of another person

Www.larrykinglaw.com cited by de belen and de

BALANCING THE SCALES belen, 2007:
Malpractice issues Malpractice is:
Atty. Salex e. Alibogha = improper or unethical conduct of the nurse, the failure
of the nurse to follow the standards of care, the omission
to observe or misinterpretation of the changes in the
Torts or quasi-DELICTS

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patients condition that requires timely intervention, thus Duty is created by:
causing harm or injury or death of another person.  law
 standards of practice
Supreme Court of The Philippines:  contract
( garcia vs. Pascasio 278 scra 769 )
Damages
Malpractice is: Damage/s:
type of claim which a victim has available to him or her = it must be proven that the client/patient has sustained
as redress for wrong committed by medical professional or incurred harm through the unsafe nursing practice
which has caused bodily harm
Damage and damages:
As defined in the malpractice act of the philippines: M- moral
(3) "malpractice" shall refer to any personal injury, E- exemplary
including death, caused by the negligent or wrongful act N- nominal
or omission of any medical practitioner; T- temperate
A-actual
Malfeasance L- liquidated
= the performance of some act which ought not to be
done.
Points To Observe In Order To
Misfeasance Avoid Administrative, Criminal, Or
= the improper performance of some act which might
lawfully be done.
Civil Liabilities
Be familiar with the philippine nursing law.
Nonfeasance
= the omission of some act which ought to be performed.
Be aware of he laws that impacts on nursing
practice (nursing education).
The Abcd’s of Nursing Malpractice
(Elements), Jones,2007
A- awareness or foreseeability At the start of employment get a copy of the
B- breach of duty agency’s rules, regulations and policies. Ask to
C- causation be oriented well!
D- duty
D- damage/s Upgrade skills and competence. We are doing
the “advanced beginner” a great de-service by
hiring them to be faculty-members!

Develop good interpersonal relationships with

Awareness Or Forseeability
The nurse must recognize, must be aware, or have prior
knowledge that failure to meet a standard of care may
cause a harm, injury or damage to the client/patient
Breach of duty
a failure to meet the standard of care owed to the client
Causation
Proximate cause
= a direct relationship between the failure to meet the
standard of care and the client’s harm or injury or death
co-workers, whether they be your supervisor,
peer or subordinate.
Consult your superiors for problems that maybe
too big for you to handle.
Verify orders that are not clear to you or those
that seem to be erroneous.
Accept only such responsibility that is within the
scope of your employment and your job
description.

Duty To The Client Sample Cases

= owed to the client by nature of employment and Somera case
standards of care by which the nurse must practice Lorenzo-perez case
V. Soto case

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The medical city pasig case
Cases
Most common medication administration errors
(somera case)
Presumption of negligence and proximate cause
doctrine
Extraordinary diligence is implied and not
expressed
Errors in instrument count and sponge count
Burns sustained by diabetic patient due to
application of hot water bag
Fall of the patient and patient sustained multiple
injuries
Non-referral of the patient’s complaint to the
doctor
Delegating drug administration to the midwife
and nursing assistants
Errors in carrying out going home instructions
Error in endorsement
Death of the patient due to defective equipment
of the hospital
The case of oxygen tank that fell on the patient
Other incidental cases for discussion
Scenarios
Nurse a concludes that an attending physician has
misdiagnosed a condition or has not prescribed the
appropriate course or treatment. What is the proper thing
to do?
You are working in the medical surgical unit. The
attending doctor has given an order for discharge to a
post surgical patient. After taking the vitals, you noted
that the patient is slightly febrile. You referred the matter
to the doctor who insisted on discharging the patient.
What will you do?
You are an ob nurse in the local hospital. You have a co-
nurse georgina, who has blooshot eyes. There were
already three instances that the narcotic count of the unit
was incomplete. You suspect that georgina is using the
same. What will you do?
You are assigned in a medical surgical unit in the night
shift. Your supervisor called that you will be transferred
to the nicu because one of the nurses there was absent.
You have not been on duty in that area eversince what
will you do?
Lawyer: “nurse a, are you familiar with the phrase “ if
not charted it was not done?”
Nurse a : “ yes , sir”
Ganuelas, CD BSN4D – ARCHEONA 2024
Lawyer: “ and you were taught of that in the nursing
school”?
Nurse a: “ yes sir”
Lawyer: “ and that is the standard in charting?”
Nurse a: “ yes sir”
Lawyer: “ you checked upon admission to the ward that
the capillary refill of the patient is poor?, right?
Nurse a: “ yes , sir”
Lawyer: “ that subsequently, you did not record how was
the capillary refill of the patient”
Nurse a : “ yes, sir”
Lawyer: therefore , based on the standard of care , i have
just asked you, you did not check the capillary refill of
the patient subsequently after admission ?
Nurse a: __________________
( proper answer )
Lecture Notes
Public: PP vs. individual
private = individual vs individual
Generality- All
Territoriality- place and venue of the crime is jurisdicti
onal
Extraterritoriality- outside jursidction- embassy, consu
lates, labor attache
Extension of the Philippine territory.
Prospectivity- the law look forward and not backward
Principle against retroactivity
lex prospicit non respicit
Exception to the Rule
The law may look backward- retroactive if it is f
avorable to the accused- PRO-REO
Exception to the exception- General Rule:
Habitualism and recidivism
Civil Law country- doctrines and codified laws
Anglo American- Common law- judicial precede
nt or stare decisis- based on case laws and previ
ous decisions
People of the Philippines vs. Juan De La Cruz fo
r abortion
Juan De La Cruz vs Juana De La Cruz for annul
ment of marriage
nullum crimen nullum prohibitum
Supervening Event
Life Imprisonment- unlimited , indefinite= imposed on
violations special penal law 2. the act was caused by instrumentality or agent of
the principal or defendant
Reclusion perpetua- 20 years and 1 day up to 4o years
Reclusion temporal- 12 years and 1 day up to 20 years
3. The plaintiff or family did not contribute to the i
Prision mayor- 6 years and 1 day up to 12 years
njury (contributory negligence
Prision correccional- 1 year and 1 day up to 6 years
Arresto mayor- 1 month and 1 day up to 1 year
Respondeat superior- command responsibility
Arresto menor 1 day up to 30 days
employer- employee relationship
superior answer for the fault of the subordinate
conspirators- principals- plan and agree together
captain of the ship doctrine and borrowed servan
to commit to a crime
t.
the act of one is the act of all
defense: Nurses and doctors- extraordinary dilig
ence
Damage- injury, lesion
Damages- compensation, money
Employers and Hospitals- GFF- good father of the fam
ily
Moral, Exemplary, Nominal, Temperate and actu
1. proper selection and recruitment
al
2. proper training, monitoring and evaluation
Parole and probation
Pardon
Stare decisis- judicial precedents- previous decision of s
Commutation- decrease
imilar issues and facts
Reprieve - postponement of sentence
Somera case- stare decisis for negligence
Justifying- none at all- no criminal no civil liabi
Narciso- Lorenzo Perez Case- stare decisis for malprac
lity
tice
Exempting- no criminal liability but there is civ
Contributory negligence- mitigating circumstances not
il liability
exempting
Civil interdiction of a person
AWOL- French Leave
RA 9439- Anti- illegal detention act- Service, se
Absence without Leave
mi-private
NBB- No balance billing
BAR
Those who are covered- Private pay, HMO.
Benefits, Alternatives, Risks
18 years of age
Extraordinary due care
Diligence of a good father of the Family- GFF
Parents/Guardians
Pancuronium Bromide- potent muscle relaxant
Grandparents/Paternal/Maternal
Elder Brother or Sister
Res ipsa loquitur- let the thing speaks for itself
Next of Kin
burden of proof- complainant, plaintiff
shifted burden proof- defendant
Stranger/Guardian ad litem
sponge left in the abdomen
In emergency- therapeutic privilege
instrument left
surgeon/doctor who will operate
injuries sustained by the patient
Chief of the Hospital
3 requisites for res ipsa loquitur
Nominate- names, labels and they have designation, wri
1. incident was of type that does not generally occu
ting , formal and expressed
r without the negligence of a person or a nurse (
proximate cause)

Ganuelas, CD BSN4D – ARCHEONA 2024

facio ut des- I do that you may give
Facio ut facias- I do that you may do
do ut des- i give that you may give RMAO- Records Management and Archives Office
medical certificate, abstract, history, lab test, diagnostics
do ut facias- i give that you may do
Nurses notes, doctors order sheets, ,education pr
Rescissible- cause and consideration defect ogress notes
Voidable/annullable- consent
unenforceable contract is with subject matter Subpoena duces tecum
Void contract- null and void ab initio Dr. Lawrence Weed
Three defects- consent, cause and object
Succession- inheritance Seal of secrecy

Ignorantia legis non excusat

Decedent- testator/testatrix- left w will Dura sed lex - the law may be harsh but it is the law
No will- intestate
Estate- bounty/wealth
donations/gifts; gifts mortis cause/donation causa
intervivos- lifetime
device-devisee- real property
legacy-legatee- personal
compulsory
heirs, children spouse ascnendnats, descnendants

nuncupative will- oral will

dying declarations- last words
res gestae- crime and the criminal
living will- advance directives- dos and donts
DNR
DNA
DNT
DNI
AND
ANR

Health Care Proxy- patient surrogate- durable power of

attorney
Notarial- statutory will, ordinary will notary public lawy
er
3 or more subscribing or more
witnesses
Holographic- made , dated and signed by the testator hi
mself
no need of lawyer, no need of witnesses
Testamentary- comprehend: the nature of the bounty an
d the nature of the disposition
Probate court-judge intestate

Escheats- the state or government is the last heir

take over your property if there is no will and no heirs
Nurses and Records
Content of the chart is owned by the patie
Physical property of chart - admitting hospital o
wn it

Ganuelas, CD BSN4D – ARCHEONA 2024