ARE NURSES LIABLE?

a) LAW (Code)
✓ Rules/regulations
1) DUTY (Right and Obligation) ✓ Promulgated by a Supreme
➢ Duty of a RN: Being (Government)
1. NORMAL prudent person b) CONTRACT
✓ NEGLIGENCE comes here if ✓ The contract is a law between
violated parties
2. Professional Duty ✓ The contract is not contrary
✓ MALPRACTICE what the law provides
(Professional Negligence) ✓ The body is not a commerce of
comes here if violated: man (it may be a void contract)
− Ignoring a complaint of unless it is RA 7170
the patient (needs ✓ Elements of Contract:
professional knowledge 1. Consent (given by a legal age
to know the complaint) of majority)
a. Authority (mastery of − Assent (Emancipated
knowledge/skills not consent) = not age of
common in the general majority
public) a. Married
b. Autonomy (self- b. No support of
determination) parents
− Bring credit to 2. Object (standpoint of myself
profession that I give to someone)
− Do not discredit the 3. Consideration (standpoint of
other profession someone that I need)
✓ GOOD SAMARITAN LAW
✓ Ethical concept – Subsidiary − No liability in the
(secondary concept) contract
✓ Conceptual = Scientific − Liability will come what
(primary concept) the law provides
✓ Independent judgment (Section 28 RA 9173)
principle – assert the ✓ DUTY of the hospital, nurse, doctor
doctor’s order if it is not to report to the nearest police if
liable for you or the patient there are serious injuries of the
in harm patient (PD 169)
c. Accountability (liability) ✓ Emergency viewer = makes
− Applies ONLY for notifiable diseases (RA1132)
professionals c) DELICT (Crime)
✓ TYPES:
1. Personal liability
− liable for OWN
actions
− Intransmissible
− E.g. Administrative
liability
2. Vicarious liability
− Liable for others
✓ RN = ACCOUNTABLE
✓ LPN = ACCOUNTABLE for
their own profession
✓ TVN = ACCOUNTABLE of
their profession
✓ UAP = NOT ACCOUNTABLE

➢ Sources of Obligation 2) FAILURE

 ✓ Failure to perform the duty
Duty Action General 2) RESPONDEAT SUPERIOR
(Form misdemeanor ✓ Command responsibility
) s ✓ Most Civilly liable = the Hospital
Commissio (-) (+) Misfeasance 3) CAPTAIN OF THE SHIP
n (legal) ✓ Shift of liability
✓ Focus on person with direct
Improperly control/supervision
performing an ✓ For Operating Room = Surgeon
otherwise ✓ For PACU = Anesthesiologist
proper or 4) BORROWED SERVANT/OSTENSIBLE
lawful act AGENCY/ APPARENT AUTHORITY
(+) (+) Malfeasance ✓ A medical professional asks help to
erroneous (illegal) other medical professional other than
5) FORCE MAJEURE
Performing ✓ Act of GOD
wrong or illegal ✓ Unforeseeable
act ✓ If foreseeable: inevitable
✓ The nature is liable
✓ Ex culpatory (Remove fault)
Omission (+) (-) Nonfeasance

Failure to
perform a
necessary
action
3) PROXIMATE INJURY
✓ The effect of proximate cause
✓ Invasion of RIGHT (Injury)
✓ There is no invasion of RIGHT (Harm)
✓ Failure of duty (Proximate cause)
− Continuous flow of events
uninterrupted by any
sufficient intervening cause

DOCTRINES OF MALPRACTICE:
1) RES IPSA LOQUITOR
✓ The thing will speak for itself
✓ Will not create a RIGHT
✓ Will know how to enforce your RIGHT
✓ We do not need for medical experts to
know the injury
✓ Common Knowledge vs. Technical
Knowledge
✓ 3 factors:
1. Negligent Act
2. Plaintiff INJURY
3. Respondent
No negligent act, no injury
The plaintiff should not contribute
to the injury
The respondent must be the
author of the negligent act
 LIABILITIES RIGHT DUTY TAKEN QUANTUM OF PROOF

Criminal plaintiff (people) accused Life/liberty and Proof beyond reasonable

(Court) property doubt

Civil complainant defendants Properties Only Prefonderance of evidence

(Court) (who’s heavier)

Administrative complainant respondent Privilege Substantial evidence

(BON)
COR – best
evidence (signed by
PRC and BON)

License –
secondary evidence
(signed by PRC)
1) Reckless Imprudence
✓ severe/grave condition
✓ Visible
2) Simple Imprudence
✓ Apparent
✓ Not visible

TORTS BOTH CRIME

Damage Penalty imposed by Law
CIVIL: Independent of the liabilities from the
contract
US-BASED PHILIPPINE-BASED
TYPES OF TORTS 3 TYPES OF CRIME:
1) BATTERY (unconsented touching) 1) Felony (punished by Revised Penal
2) ASSAULT (threatened bodily harm by oral) Code)
3) DEFAMATORY (Unqualified Privileged) 2) Offense (Punished by Special Penal
a) SLANDER (oral defamation) Law)
✓ Must be named or been looked by WRONGFUL 3) Infraction (Ordinances)
the DEFAMATOR
✓ SLANDER BY DEED:
ACT STAGES OF CRIMES:
❖ Intentional shame 1) ATTEMPTED
b) LIBEL (written defamation) ✓ ALL elements are not present
4) FALSE IMPRISONMENT ✓ Execution is not
✓ detention without cause 2) FRUSTRATED
5) ILLEGAL DETENTION ✓ ALL elements are present
✓ Detaining the persons without ✓ Execution is not
authority 3) CONSUMMATED
6) ARBITRARY DETENTION ✓ ALL elements are present
✓ Detaining the persons with authority ✓ The execution is present

 RA 9439: prohibits of “CHARITY

WARD” (wards covered by Philhealth)
patients of not payment of hospital bills LEVELS OF PARTICIPATION
 ✓ Make a promissory note (payment is 1) PRINCIPAL
unconditional) a) INDUCEMENT = Mastermind
✓ Execute a mortgage b) DIRECT PARTICIPATION
1. Chattel (Personal property) 2) ACCOMPLICE
2. Real Estate (land properties) ✓ Common criminal intent
✓ Guaranty (purpose)
• If debtor does not pay to ✓ Before and/or during the
creditor, it can ask for crime
payment to 3rd party ✓ Moral gain
(Guarantor) 3) ACCESSORY
✓ Surety ✓ Conceal evidence
• Creditor asks debt to debtor or ✓ Assist of escape
to the 3rd party (Guarantor) ✓ After the commission of
7) BREACH OF PRIVACY crime
✓ No authority from the start (to secure
information) 4 CIRCUMSTANCES THAT AFFECT
✓ RIGHT to be apart from others CRIMINAL LIABILITY
✓ RIGHT to be left alone LIABILITY CRIMINAL
8) BREACH OF CONFIDENTIALITY (Privileged JUSTIFYING (-) (-)
Information/Privileged Communication) EXEMPTIN (+) (-)
✓ Unlawful disclosure of information G
✓ Authority to hold information MITIGATIN (+) (+)
✓ Right not to disclose information G LESSENS
✓ SPOUSAL PRIVILEGE the liability
✓ EXEMPTION: AGGRAVATIN (+) (+)
1. Permission G ELEVATES
2. Public safety is jeopardized the liability
(RA 11332) ALTERNATI (+) (+)
3. Other Provider of care VE LESSENS or
4. Proceedings (Criminal) ELEVATES
− Issues subpoena the liability
− Duces decum