NURSING JURISPRUDENCE- department of law which comprise all legal rules and
principles affecting the practice of nursing.
NURSING LEGISLATION - the making of laws, or the body of laws already affecting
the practice of nursing.
LAW - a rule of civil conduct prescribed by the supreme power in a state
commanding what is right and prohibiting what is wrong.
LEGAL RIGHT - a claim which can be enforced by legal means against a person
whose duty is to respect it.
COURT MECHANISMS
LAWSUIT- proceeding in court for a purpose.
Purpose: 1. to enforce a right
2. to redress a wrong
STATUTE OF LIMITATIONS - the length of time following the event during which
the plaintiff may file a suit.
Example: negligence- filed within 2-3 years from occurrence.
DUE PROCESS - is a fair and orderly process which aims to protect and enforce a
person’s right.
FUNDAMENTAL REQUIREMENTS OF DUE PROCESS:
1. Right to be informed
2. Right to remain silent
3. Right to a competent counsel
4. No use of violence, threat, torture
TRIAL- facts are presented and determined; law applied at the end.
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DYING DECLARATION or ANTEMORTEM STATEMENTS- considered hearsay
unless the dying person is a victim of a crime.
APPEALS- review of the case by appellate court and when decided by it, the final
judgment results and matter is ended.
ELEMENTS OF FELONY:
1. Deceit-( dolo)
2. Fault-(culpa) - due to imprudence, negligence or lack of foresight/ skill
STAGES OF FELONIES:
1. Consummated - all elements executed, with successful result
2. Frustrated - all elements executed but no successful result
3. Attempted - not all elements executed, no successful result
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
EXEMPTING CIRCUMSTANCES
Insane/imbecile
Performance of a lawful act causes injury by mere accident
Under 9 y/o
Under compulsion of uncontrollable force
Under impulse of uncontrollable fear
Failure to perform an act required by law when prevented by some lawful
cause
MITIGATING CIRCUMSTANCES
Under 18y/o or over 70 y/o
No intention to commit so grave a wrong
Sufficient provocation/threat preceding the act
Immediate vindication of a grave offense
Voluntary surrender
Deaf & dumb/ with physical defect
Suffer from such illness that diminishes willpower
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AGGRAVATING CIRCUMSTANCES
Treachery/taking advantage of superior strength or position
Price, reward, promise
Use of fire, poison, explosion
Calamities
Craft, fraud or disguise employed
Evident Premeditation
Cruelty
ALTERNATIVE CIRCUMSTANCES - may increase/ decrease criminal liability
depending on the nature and effects of the crime
Relationship
Intoxication
Degree of instruction/ education
PHYSICAL INJURIES
1. Serious Physical Injuries
2. Less Serious Physical Injuries
3. Slight Physical Injuries
ROBBERY - anyone who gets the personal property of another with the use of
force,violence or intimidation.
THEFT -anyone who gets the personal property of another without the latter’s
permission.
INFANTICIDE – crime committed of person killed is age < 72h or <3days old
PARRICIDE – killing of a person with relationship, ex. Bro in-law, sis, - relative
3. Equipment injuries
refuse to use a device not know how to operate
report adverse events to superiors
monitor patient regularly
bring questionable orders to the attention of the doctor or superior
1. Failure to communicate
promptly report changes in the patient’s symptoms and signs of distress to
the Dr
proper documentation of all assessments and telephone conversations with
the Dr
ESSENTIAL REQUISITES:
1. Consent
2. Object certain
3. Cause of the obligation
TYPES OF CONTRACT:
1. Implied- terms are inferred from actions of contracting parties.
2. Expressed- verbal/ written, terms are specified/ given at the time the contract is
made.
3. Void or inexistent- inexistent from the very beginning therefore may not be
enforced. Ex: contrary to law.
4. Illegal - expressly prohibited by law like obtained through fraud, undue influence
or duress.
5. Voidable/annullable- one of the parties is incapable of giving consent
6. Formal- agreement among parties and is required to be in writing by special
laws. Ex: marriage, Deed of Sale
6. Informal- concluded as a result of a written document where the law does not
require the same to be in writing.
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BREACH OF CONTRACT- failure without legal excuse to perform any promise
which forms the contract.
The following constitute breach of contract for nursing service:
1. Prevention of performance
2. Failure of performance because of inconvenience or difficulty
3. Abandonment of duty
4. Substitution of performance
TYPES OF SUCCESSION:
1. Testate- a person dies leaving a will.
2. Intestate- a person dies without leaving a will.
TWO KINDS:
1. Notarial will- acknowledged before a notary public, with attestation clause
2. Holographic will- entirely written, dated and signed in the handwriting of
the testator
LIMITATIONS:
1. limited to personal properties
2. acceptance by the recipient
3. gifts are revocable and subject to the claims of creditors without proof of intent of
defrauding them
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CRIMINAL NEGLIGENCE
2 TYPES:
1. RECKLESS IMPRUDENCE- A person does an act or fails to do it
voluntarily but without malice from which material damage results
immediately.
2. SIMPLE IMPRUDENCE- the person or nurse did not use precaution and
the damage was not immediate or impending danger was not evident or
manifest.
IF PROVEN
1. Criminal liability
2. Damages
3. Ground for suspension or revocation of license
PROFESSIONAL ADJUSTMENT
BIOETHICS - is the study of human conduct in the area of the life sciences and
health care using moral values and principles.
PRINCIPLES IN BIOETHICS
1. BENEFICENCE- means to do good and not to do harm.
2. NON- MALEFICENCE- one ought not to inflict evil or harm.
3. AUTONOMY- means self-determination
4. JUSTICE- refers to the obligation to be fair to other people.
Types of justice:
a. Distributive Justice- fair, equitable and appropriate distribution.
b. Criminal Justice- just infliction of punishment or penalty.
c. Rectificatory Justice- just compensation under civil laws.
5. STEWARDSHIP- not harm our body because it is God’s not ours.
6. TOTALITY- body should function as a whole
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7. FIDELITY- refers to the obligation to be faithful to the agreements,
commitments and responsibilities that one has made to oneself and others
8. VERACITY- refers to telling the truth or not intentionally deceiving or misleading
patients
9. RESPECT- treat all individuals as persons with rights with or without
abnormality.
10. SHARING OR ALLOCATION OF RESOURCES- applies when resources are
scanty or very limited
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