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NCM 105 Nursing Jursiprudence

Ailyn B. Pineda
Lecturer
LEGAL CONCEPTS AND ISSUES IN NURSING
RESPONSIBILITY AND ACCOUNTABILITY FOR THE PRACTICE OF
PROFESSIONAL NURSING
Nurses employed in an agency, institution or hospital are directly
responsible to their immediate supervisors. Private duty nurses,
being independent practitioners, are held to a standard of conduct
that is expected of reasonable prudent nurse
WHAT IS LIABILITY?
Is an obligation or debt that can be enforced by law. A person who is
liable for malpractice is usually required to pay for damages.
Damages refer to compensation in money recoverable for a loss of
damage.
PROFESSIONAL NEGLIGENCE
NEGLIGENCE refers to the commission or omission of an act,
pursuant to a duty, that a reasonably prudent person in the same or
similar circumstance would or would not to, and acting or the non-
acting of which is the proximate cause of injury to another person to
his property.
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
THE DOCTRINE OF RES IPSA LOQUITUR
The thing speaks for itself When the harm that resulted from
negligence and the responsibility for the harm are clear that anyone
would agree on it, the term res ipsa loquitur is used
CONDITIONS THAT ARE NECESSARY FOR THE APPLICATION OF THE
DOCTRINE:
1. The accident must be a kind which ordinarily does not occur in
the absence
of someones negligence
2. The accident must be caused by an agency or instrumentality
within the exclusive control of the defendant
3. The accident must not have been due to any voluntary action or
contribution on the part of the plaintiff (injured party)
SPECIFIC EXAMPLES OF NEGLIGENCE
1. Failure to report observations to attending Physicians
2. Failure to exercise the degree of diligence which the
circumstances of the particular case demands
3. Mistaken Identity
4. Wrong medicine, wrong concentration, wrong route,
wrong dose
5. Defects in the equipment such as stretchers and
wheelchairs may lead to falls thus injuring the patients
MALPRACTICE
Implies the idea of improper or unskillful care of a patient by a
nurse. It also denotes stepping beyond ones authority with serious
consequences
EXAMPLES OF MALPRACTICE:
Misdiagnosis of an illness, failure to diagnose or relay diagnosis
Birth Injuries
Surgical Complications
Prescription errors
Failure to provide treatment
Anesthesia related complications
Failure to follow advance directive
Failure of hospital or pharmacy to dispense the right medicine,
dosage
DOCTRINE OF FORCE MAJEURE
It is an irresistible or superior force, one that cannot be foreseen or
prevented; a fortuitous event, and act of God. No person shall be
held liable for nonperformance of what was expected of him/her if
the cause of the nonperformance was a force majeure (e.g.
devastating typhoons, earthquakes
and other calamities)
DOCTRINE OF
RESPONDEAT SUPERIOR
Means let the superior answer; let
the principal answer for the acts of his agent
The doctrine is founded on the principle that he who expects to
derive advantage from an act which is done by another for him must
answer for any injury which a third person may sustain from it. The
doctrine rests upon the proposition that, in doing the acts out of
which the accident arose, the servant was representing the master
at the time
EXAMPLES:
The hospital will be held liable, if, in an effort to cut down on
expenses it decides to hire underboard nurses or midwives 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 patients abdomen

INCOMPETENCE
Is the lack of ability, legal qualifications or fitness to discharge the
required duty
Although a nurse is registered, if in the performance of her duty she
manifests incompetency, there is ground for revocation or
suspension of her certificate of registration
LIABILITY OF NURSES FOR THE WORK OF NURSING AIDES
Nursing aides perform selected nursing activities under the direct
supervision of nurses. They usually given on-job-training by the
Training staff. Their responsibilities usually pertains to the routine
care of chronically ill patients. They are therefore responsible for
their own actions.
LIABILITY FOR THE WORK OF NURSING STUDENTS
Under the Philippine Nursing Act of 2002 R.A. 9173, nursing students
do not perform professional nursing duties. They are to be
supervised by their clinical instructors.
GUIDELINES TO AVOID MISTAKES OF NURSING STUDENTS
1. Nursing students should always be under the supervision
of their clinical instructors
2. They should be given assignments that are at their level of
training , experience, and competency
3. They should be advised to seek guidance especially if they
are performing procedure for the first time
4. They should be oriented to the policies of the nursing unit
where they are assigned
5. Their performance should be assessed frequently to determine
their strengths and weaknesses
6. Frequent conferences with the students will reveal their problems
which they may want to bring to the attention of their instructors or
vice-versa. Discussion of these problems will iron out doubts and
possible solutions may be provided.
LEGAL DEFENSE IN NEGLIGENCE
The most common defense in a negligent action is when nurses
know and attain that standard of care in giving service and that they
have documented the care they give in a concise and accurate
manner
If the patients careless conduct contributes to his own injury, the
patient cannot bring suit against the nurse.
MEDICAL ORDERS, DRUGS, AND MEDICATIONS
R.A. 6675 states that only validly registered medical, dental, and
veterinary practitioners, whether in private institution/corporation
or in the government, are authorized to prescribe drugs.
In accordance with R.A. 5921, or the pharmacy Act as amended, all
prescriptions must contain the following information: name of the
prescriber, office address, professional registration number,
professional tax receipt number, patients/clients name, age, and
sex, and date of prescription. R.A. 6675 requires that the drugs be
written in their generic names.
IV Therapy and Legal Implications
Philippine Nursing Act of 1991 Section 28
states that in the administration of intravenous injection, special
training shall be required according to protocol established
Board of Nursing Resolution No. 8
states that without such training and who administers intravenous
injections to patients shall be held liable either criminally under Sec
30 Art. VII of said law or administratively under sec 21 Art III or both
(whether causing or not an injury or death to the patient)
SCOPE OF DUTIES AND RESPONSIBLITIES IN IV THERAPY
1. Interpretation of the doctors orders for IV therapy
2. Performance of venipuncture, insertion of needles,
cannulas except TPN and cutdown
3. Preparation, administration, monitoring and termination
of intravenous solutions such as additives, intravenous
medications, and intravenous push
4. Administration of blood/blood products as ordered by the
physicians
5. Recognition of solutions and medicine incompatibilities
6. Maintenance and replacement of sites, tubings, dressings, in
accordance with established procedures
7. Establishment of flow rates of solutions, medicines, blood and
blood components
8. Utilization of thorough knowledge and proficient technical ability
in the use/care, maintenance, and evaluation of intravenous
equipment
9. Nursing management of total parenteral nutrition, out-patient
intravenous care
10. Maintenance of established infection control and aseptic nursing
interventions
11. Maintenance of appropriate documentation, associated with the
preparation, administration and termination of all forms of
intravenous therapy.
Telephone Orders
Doctors should limit telephone orders to extreme emergency where
there is no alternative. The use of telephone in a non emergency as
a substitute for the physician himself can lead to serious error and
may border on malpractice.
Nurse should read back such order to the physician to make certain
the order has been correctly written.
Such order should be signed by the physician within 24 hours
The nurse should sign the physicians name per her own and note
the time and order was received
CONSENT TO MEDICAL AND SURGICAL PROCEDURE
Consent is defined as a 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
Nature of consent- an authorization by the patient or a person
authorized by the law to give the consent on the patients behalf.
Informed Consent-A written consent should be signed to show that
the procedure is the one consented to and that the person
understands the nature of the procedure
The nurses responsibility in witnessing the giving of informed
consent involves:
(1) witnessing the exchange b/w the client and the physician (2)
witnessing the client affix his signature (3) establishing that the
client really understood.
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 treatments or procedures
4. A description of the benefits to be expected
5. Material rights if any
6. The prognosis, the recommended care, procedure is
refused
WHO MUST CONSENT?
Patient must consent in his own behalf
If he is incompetent, or physically unable, and is not in emergency
case, consent must be taken from another who is authorized to give
it in his own 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 patient is married or emancipated
CONSENT OF MENTALY ILL
A mentally incompetent person cannot legally consent to medical or
surgical treatment. The consent must be taken from parents or legal
guardian
MENTAL COMPETENCY
All patients are presumed to
be competent unless declared incompetent by a court of law.
Supporting documentation of the patients behaviors, speech,
decision making and physical and mental status are very useful in
establishing his/her mental competency
EMERGENCY SITUATION
No consent is necessary because inaction at such time may cause
greater injury. If time is available and an informed consent is
possible, it is best that this be taken to protect all the parties
concerned.
REFUSAL TO CONSENT
A patient who is mentally and legally competent has the right to
refuse the touching of his body or to submit to a medical or surgical
procedure no matter how necessary, nor how imminent the danger
to his life or health if he fails to submit to treatment.
CONSENT FOR STERILIZATION
Sterilization is the termination of the ability to produce offsprings.
The husband and the wife must consent to the procedure if the
operation is primarily to accomplish sterilization. If emergency cases
like ectopic pregnancy and abruptio placentae, consent from patient
is sufficient.
MEDICAL RECORDS
Was created as a means of communication among health care
practitioners. Today medical records serve two important functions:
to provide legal documentation, and obtain third party payments
(e.g. Medicare) They are good evidence in legal suits but are not
admissible evidence against the patient.
If information is not charted, it was not done or observed
CHARTING DONE BY NURSING STUDENTS
LEGAL RISKS FOR SAFETY EQUIPMENT
The nurse should exercise reasonable care in selecting equipment to
be used in patients. Generally, a nurse is not liable for a non-
observable and non-discoverable defect in the equipment.
WHAT IS A CONTRACT?
Is a meeting of minds between two persons where they bind
themselves to give something or to render some services. Practically
anything could be subjected to a contract as long as these are not
contrary to law, morals, good customs, public order and public
policy.
Kinds of Contracts
Formal Contracts- refers to an agreement b/w parties and is
required to be in writing. E.g. marriage contracts
Informal Contracts- one in which concluded as the result of a
written document where the law does not require the same to be in
writing.
Express Contracts- The one in which the conditions and terms of
contract are given orally or in writing by the parties concerned. E.g.
PDN under the doctrine of facio ut des means I do that you may
give.
Implied Contracts- one that is concluded as a result of acts of
conduct of the parties to which the law ascribes an objective
intentions to enter into a contract.
Void contracts- one that is inexistent from the very beginning and
therefore may not be enforced.
Illegal contracts- one that is expressly prohibited by law
Illegal Contracts
Those that are made in protection of the law
Consent obtained by fraud
Those obtained under duress
Those obtained under undue influence
Those obtained through material misrepresentation
INTENTIONAL WRONGS
A nurse may be held liable for intentional wrongs
TORTS
A tort is 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. A person who has been wronged
seeks compensation for the injury or wrong he has suffered from the
wrong doer.
EXAMPLES OF TORT:
ASSAULT AND BATTERY. Assault is a unjustifiable attempt to touch
another person or even the threat of doing so while Battery is the
actual carrying out of the threatened physical contact
DEFAMATION of character occurs where a person discusses another
individual in terms that diminish reputation. Libel is written
defamation. Slander is oral Defamation
FALSE IMPRISONMENT
Is the infringement of upon an individuals freedom of movement. It
is making someone wrongfully feel that he or she cannot leave the
place.
The unjustifiable detention of a person without a legal warrant
within boundaries fixed by the defendant by an act or violation of
duty intended to result in such confinement.
USE OF RESTRAINTS
Restraints should be used with caution and discretion. All patients
should have the right to independence and freedom of movement.
Restraints require a physicians order. If a patient or his legal
guardian refuses to be restrained, this should be documented in the
patients medical record.
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 ones life without having anyones name, picture or
private affairs made public against ones will.
Nurses may become liable for invasion of right to privacy if they
divulge information from
a patients chart to improper sources or unauthorized persons
DEFAMATION
Occurs when a person discusses another individual in terms that
diminish reputation.
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, MISDEMEANORS, AND FELONIES
CRIME is defined as an act committed or omitted in violation of the
law. Criminal offenses are composed of two elements: (1) Criminal
Act (2) Evil/criminal intent
In criminal action, the state seeks the punishment of the
wrongdoers
Conspiracy to commit a crime
Principals- are those who take a direct part in the execution of the
act, who directly force or induce others to commit it; or who
cooperate in the commission of the offense by another act without
which it would not have been accomplished.
Accomplices- are those who, not being principals, cooperate in the
execution of the offense by previous and simultaneous act.
Accessories- are those who, having the knowledge of the
commission of the crime. Assisting the offender to profit from the
crime either by disposing the body, concealing or assisting in escape
of the principal of the crime.
Criminal Actions
Deal with acts or offenses against public welfare.
Misdemeanor- a general name for criminal offense which does not
in law amount to felony.
Felony- a public offense for which a convicted person is liable to be
sentenced to death or be imprisoned in a penitentiary or prison. It is
committed with deceit and fault.
Criminal Negligence
Reckless Imprudence- when a person does an act or fails to do
involuntary without malice, from which damage results
immediately.
Simple Imprudence- means that the person or nurse did not use
precaution and the damage was not immediate or the impending
danger was not evident or manifest
Criminal Intent
Is the state of mind of a person at the time the criminal act is
committed, that is, he/she knows that an act is lawful and still
decided to do it anyway.
Deliberate intent includes two other elements without which there
can be no crime. These are freedom and intelligence.
When a person accused of the crime offers evidence showing
insanity, necessity, compulsion, accident, or infancy the court will
decide if he did not commit a criminal offense and will declare the
person not guilty.
Classes of Felonies
Felonies are classified according to degree of the acts of execution
Consummated- when all the elements necessary for its
execution and accomplishment are present.
Frustrated- when the offender performs all the acts or
execution which will produce the felony as a consequence
but which nevertheless, do not produce it by reason of
causes independent of the will of the perpetrator.
Attempted- when the offender commences the
commission of the same directly by overt acts, and does
not perform the acts which shall produce the felony.
Consummated felonies as well as attempted and
frustrated are all punishable by law.
Felonies according to degree of punishment
Grave Felonies- are those to which the law attaches the capital
punishment or penalties which in any of their periods are afflictive.
(imprisonment ranging from 6 yrs and 1 day with fine not exceeding
P6,000)
Less Grave Felonies- are those which the law punishes with
penalties which in their maximum period are correctional
(imprisonment ranging from 1 month and 1 day to 6 yrs or fine not
exceeding 6,000 but not below 200)
Light Felonies- are those infractions of law for the commission of
which the penalty of arresto menor (imprisonment for 1 day to 30
days or a fine not exceeding 200 or both of which are imposed)






Circumstances Affecting Criminal Liability
PREPARED BY:
ailyn brillo pineda
Circumstances affecting Criminal Liability
J-E-M-A-A

Circumstances affecting Criminal Liability
Justifying Circumstances
SELF-DEFENSE
These are the defenses in which the accused is deemed to
have acted in accordance with the law and therefore the act is
lawful. Since the act is lawful, it follows that there is no criminal, no
criminal liability and no civil liability
Justifying Circumstances
A person may not incur criminal liability under the following
circumstance:
There is no mens rea or criminal intent
The circumstances pertain to the act and not to the actor.
Hence all who participated in the act will be benefited.
Thus if the principal is acquitted there will be no
accomplices and accessories.
These apply only to intentional felonies, not to acts by
omissions or to culpable felonies or to violations of special
laws
When he acts in defense of his rights
When he acts in defense of his relatives rights
When he acts in defense of a strangers rights and that the
person defending is not induced by revenge or evil
motives.
When any person who, in order to avoid an injury does an
act which causes damage to another provided that an evil
sought to be avoided actually exists.
When he acts in the fulfillment of a duty or in lawful
exercise of a right or office.
Circumstances affecting Criminal Liability
ExemptingCircumstances

These are defenses where the accused committed a crime
but is not criminally liable. There is a crime, and there is civil
liability but no criminal.
Exempting Circumstances
There are certain circumstances under which the law exempts a
person from criminal liability
The basis is the lack of any of the elements which makes
the act/omission voluntary, i.e. freedom, intelligence,
intent or due care.
These defenses pertain to the actor and not the act. They
are personal to the accused in whom they are present and
the effects do not extend to the other participants. Thus if
a principal is acquitted, the other principals, accessories
and accomplices are still liable.
They apply to both intentional and culpable felonies and
they may be available in violations of special laws.
An imbecile or an insane person, unless the latter has
acted during a lucid interval
A person under nine years of age
A person over nine years of age and under fifteen unless
he acted with discernment.
A person while performing a lawful act with due care
causes an injury which is merely an accident.
Any person who acts under the compulsion of an
irresistible force
MITIGATING CIRCUMSTANCES
Are those which do not constitute justification or excuse of the
offense in question, but which, in fairness and mercy, may be
considered as extenuating or reducing the degree of moral
culpability.
1. Circumstances which are otherwise justifying or exempting
were it not for the fact that all requisites necessary to
justify the act or to exempt the offender from criminal
liability in the respective cases are not attendant
2. When the offender has no intention to commit so grave a
wrong as the one committed
3. When the offender is under eighteen years of age or over
70 years old
4. When sufficient provocation or threat on the part of the
offended party immediately precedes the act
5. When the act is committed in the immediate vindication of
a grave offense to the one committing the felony, his/her
spouse, ascendants, descendants, legitimate, natural or
adopted brothers, or relative by affinity within the same
degree
6. When a person acts upon an impulse so powerful as
naturally to have produced an obfuscation
7. When the offender voluntarily surrenders himself to a
person in authority or confesses before the court prior to
the presentation of the evidence for the prosecution
8. When the defender is deaf and dumb, blind or otherwise
suffering from physical defect
AGGRAVATING CIRCUMSTANCES
Are those attending the commission of a crime and which increase
the criminal liability of the offender or make his guilt more severe.
1. When the offender takes advantage of his public position
2. When the crime is committed in contempt of or with insult
to public authorities
3. When the act is committed with insult or disregard of the
respect of the offended party on account of his rank, age,
sex
AGGRAVATING CIRCUMSTANCES
4. When the act is committed with abuse or confidence or obvious
ungratefulness
5. when a crime is committed in a place of worship
6. When the crime is committed on the occasion of a conflagration,
shipwreck, earthquake, epidemic or other calamity or misfortune
7. When the crime is committed in consideration of a price, reward
or promise
8. When the crime is committed by means of inundation, fire,
poison, explosion, standings of a vessel or intentional damage
AGGRAVATING CIRCUMSTANCES
9. When the act is committed with evident premeditation or after
unlawful entry
10. When craft, fraud, or disguise is employed
when the wrong done in the commission of the crime is
deliberately augmented by causing other wrongs not necessary for
its commission
ALTERNATIVE CIRCUMSTANCES
those which may either be appreciated as mitigating or aggravating
according to the nature and effects of the crime and other
conditions attending its commission.
LACK OF EDUCATION IS NOT MITIGATING IN:
1. Rape
2. Forcible abduction
3. Arson
4. Treason
5. In crimes against chastity like seduction and acts of
lasciviousness
6. Those acts committed in a merciless or heinous manner
MORAL TURPITUDE
is 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
MURDER
- is the unlawful killing of a human being with intent to kill. It is a
very serious crime. Nurses should keep in mind that death resulting
from a criminal abortion is murder. Euthanasia is also considered
murder.
HOMICIDE
- is the killing of a human being in another. It may be
committed without criminal intent, by any person whom kills
another, other than his father, mother, or child or any of his
ascendants or descendants, or his spouse, without any of the
circumstances attendant the crime of murder enumerated above
being present.
ABORTION
- is illegal according to the revised penal code. The patient
should assume responsibility for her abortion. She should be made
to sign a statement relieving the hospital and its personnel from
liability
INFANTICIDE- IS THE KILLING OF A CHILD LESS THAN THREE DAYS OF
AGE. The mother of the child who commits this crime shall suffer
penalty of imprisonment ranging from two years and four months
and 1 day to 6 years
PARRICIDE- is a crime committed by one who kills her/his father,
mother or child whether legitimate or illegitimate, or any of his/her
ascendants or descendants or his/her spouse.
ROBBERY- is a crime against a person or property
CONTROLLED SUBSTANCES
R.A. 6425 known as the Dangerous Drug Act of 1972 covers the
administration and regulation of the manufacture, distribution,
dispensing of controlled drugs.
Persons authorized to prescribe or dispense these drugs are
required to register and have a special license for this purpose
POINTS TO OBSERVE IN ORDER TO AVOID CRIMINAL LIABILITY
1. Be very familiar with the Philippine Nursing Law
2. Beware of laws that affect nursing practice
3. At the start of employment, get a copy of your job
description, the agencys rules, regulations and policies
4. Upgrade your skills and competence
5. Accept only such responsibility that is within the scope of
your employment and your job description
6. Do not delegate your responsibility to others
7. Determine whether your subordinates are competent in the work
are assigning them
8. Develop good interpersonal relationships with your co-workers,
whether they be your supervisors, peers, or subordinates
9. Consult your superiors for problems that may be too big for you
to handle
10. Verify orders that are not clear to you or those that seem to be
erroneous
11. The doctors should be informed about the patients condition
12. Keep in mind the value and necessity of keeping accurate and
adequate records
13. Patients are entitled to an informed consent
WILLS
It is a legal declaration of a persons intentions upon death.
It is called testamentary document because it takes effect after the
death of its maker
DECEDENT- a person whose property is transmitted through
succession whether or not he left a will. If he left a will he is called a
TESTATOR. If a woman TESTATRIX
HOLOGRAPHIC WILL- a will that is written and signed by the testator
HEIR is a person called to succession either by the provision of a will
or by operation of law
There should be a witness who knows the handwriting and signature
of the testator explicitly declares that the will and the signature are
in the handwriting of the testator
ORAL WILL is also called as NUCUPATIVE WILL or NUNCUPATION it is
during the last illness, that it is done in the place in which a he dies,
that he asked one or more witness to the will, that the will be put in
writing within a given number of days, that it be for probate within a
specified time
NURSES OBLIGATION IN THE EXECUTION OF A WILL
The nurse should note the soundness of the patients mind and that
there was free from fraud or undue influence and that the patient
was above 18 years or of age .
The patient should write that the will was signed by the testator,
that the witnesses were all present at the same time and signed the
will I the presence of the testator
LIVING WILL
Is an individuals signed request to be allowed to die when life can
be supported only mechanically or by heroic measures.
It also includes the decision to accept or refuse any treatment,
service or procedure used to diagnose or treat his/her physical or
mental condition and decisions to provide
ADVANCE DIRECTIVE & HEALTH CARE PROXY
The patient designates a health care representative, usually a
member of the family, a friend or a family physician to make
decisions for him/her when he/she is unable, due to physical or
mental incapacity, accept or refuse treatment, service or procedure
used to diagnose or treat his/her physical or mental condition and
decisions to provide, withhold or withdraw life sustaining measures
WHAT SHOULD A NURSE REMEMBER ABOUT WILLS?
A nurse especially those taking care of well-to-do patients should
remember that the main requisite for making a will is testamentary
capacity or sanity. The person who makes a will should at least be 18
years old and is not prohibited by law. The will is written and should
be witnessed by three credible witnesses, unless it is holographic
will. A Holographic will is one that is entirely written, dated and
signed by hand. There is no legal reason for the nurse to refuse to
witness the preparation of a will.
WHAT IS AN INCIDENT REPORT
It is an administrative report that is required of nurses if there are
violations of standards and policies whether or not injury occurs.
Through incident reports, hospital administration can monitor
quality of patient care and institute some measures to prevent
similar incidents in the future.
COMMON LEGAL TERMS THAT A NURSE SHOULD KNOW:
Affidavit- is a written statement made under oath before a notary
public or other person duly authorized
Contempt of Court- is the willful disobedience to, or open disrespect
for, the rules of court
Defendant- the person being accused of a wrongdoing; the
therefore needs to defend themselves
Day in court- the right of a person to appear in court and be heard
concerning his compliant/defense
Due process- is fair and orderly process which aims to protect and
enforce a persons rights
False Testimony- is punishable both criminal and civil law
Hearsay Evidence- is evidence that is derived from something the
witness heard from others
Inquest- is the legal inquiry into the cause or manner of a death
Perjury- is the willful telling of a lie under oath
Plaintiff- the person who files the lawsuit and is seeking for a
perceived wrongdoing
Prima facie Evidence- evidence, which if unexplained or
uncontradicted would establish the fact alleged
Privileged Communication- statements uttered in good faith. These
are not permitted to be divulged in court justice.
Statute of Limitations- define the length of time following the event
during which the plaintiff may file the lawsuit
Subpoena- is an order that requires a person to attend at a specific
time and place to testify as witness
Subpoena Duces Tecum- is a subpoena that requires a witness to
bring required papers/ documents and the like which may be in his
possession
Summons- is a writ commanding an authorized person to notify a
party to appear in court to answer a complaint made against them
Warrant- is writing from a competent authority in pursuance of law,
directing the doing of an act, and addressed to a person competent
to do it
THE END
GOD BLESS!!!