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NCM 105 – Nursing NCM 105 – Nursing JursiprudenceJursiprudence
Ailyn B. PinedaAilyn B. PinedaLecturerLecturer
LEGAL CONCEPTS LEGAL CONCEPTS AND ISSUES IN AND ISSUES IN
NURSINGNURSING
RESPONSIBILITY AND RESPONSIBILITY AND ACCOUNTABILITY FOR THE ACCOUNTABILITY FOR THE
PRACTICE OF PROFESSIONAL PRACTICE OF PROFESSIONAL NURSINGNURSING
Nurses employed in an agency, Nurses employed in an agency, institution or hospital are directly institution or hospital are directly responsible to their immediate responsible to their immediate supervisors. Private duty nurses, supervisors. Private duty nurses, being independent practitioners, are being independent practitioners, are held to a standard of conduct that is held to a standard of conduct that is expected of reasonable prudent nurseexpected of reasonable prudent nurse
WHAT IS LIABILITY?WHAT IS LIABILITY? Is an obligation or debt that can Is an obligation or debt that can
be enforced by law. A person who be enforced by law. A person who is liable for malpractice is usually is liable for malpractice is usually required to pay for damages. required to pay for damages. Damages refer to compensation Damages refer to compensation in money recoverable for a loss of in money recoverable for a loss of damage.damage.
PROFESSIONAL NEGLIGENCEPROFESSIONAL NEGLIGENCE ““NEGLIGENCE”NEGLIGENCE” refers to the refers to the
commission or omission of an commission or omission of an act, pursuant to a duty, that a act, pursuant to a duty, that a reasonably prudent person in reasonably prudent person in the same or similar the same or similar circumstance would or would circumstance would or would not to, and acting or the non-not to, and acting or the non-acting of which is the proximate acting of which is the proximate cause of injury to another cause of injury to another person to his property.person to his property.
ELEMENTS OF PROFESSIONAL ELEMENTS OF PROFESSIONAL NEGLIGENCENEGLIGENCE
1.1. Existence of a duty on the part of the Existence of a duty on the part of the person charged to use due care under person charged to use due care under circumstancescircumstances
2.2. Failure to meet the standard of due Failure to meet the standard of due carecare
3.3. The foreseeability of harm resulting The foreseeability of harm resulting from failure to meet the standardfrom failure to meet the standard
4.4. The fact that the breach of this The fact that the breach of this standard resulted in an injury to the standard resulted in an injury to the plaintiffplaintiff
6.6. Errors due to family assistanceErrors due to family assistance7.7. Administration of medicine Administration of medicine
without a doctor’s prescriptionwithout a doctor’s prescription
THE DOCTRINE OF RES IPSA THE DOCTRINE OF RES IPSA LOQUITURLOQUITUR
““The thing speaks for itself” The thing speaks for itself” When the harm that resulted When the harm that resulted from negligence and the from negligence and the responsibility for the harm are responsibility for the harm are clear that anyone would agree clear that anyone would agree on it, the term res ipsa loquitur on it, the term res ipsa loquitur is usedis used
SPECIFIC EXAMPLES OF SPECIFIC EXAMPLES OF NEGLIGENCENEGLIGENCE
1.1. Failure to report observations to attending Failure to report observations to attending PhysiciansPhysicians
2.2. Failure to exercise the degree of diligence Failure to exercise the degree of diligence which the circumstances of the particular case which the circumstances of the particular case demandsdemands
3.3. Mistaken IdentityMistaken Identity4.4. Wrong medicine, wrong concentration, wrong Wrong medicine, wrong concentration, wrong
route, wrong doseroute, wrong dose5.5. Defects in the equipment such as stretchers Defects in the equipment such as stretchers
and wheelchairs may lead to falls thus injuring and wheelchairs may lead to falls thus injuring the patientsthe patients
CONDITIONS THAT ARE NECESSARY CONDITIONS THAT ARE NECESSARY FOR THE APPLICATION OF THE FOR THE APPLICATION OF THE
DOCTRINE:DOCTRINE:1. The accident must be a kind which 1. The accident must be a kind which
ordinarily does not occur in the absenceordinarily does not occur in the absence of someone’s negligenceof someone’s negligence2. The accident must be caused by an 2. The accident must be caused by an
agency or instrumentality within the agency or instrumentality within the exclusive control of the defendantexclusive control of the defendant
3. The accident must not have been due 3. The accident must not have been due to any voluntary action or contribution to any voluntary action or contribution on the part of the plaintiff (injured party)on the part of the plaintiff (injured party)
MALPRACTICEMALPRACTICE Implies the idea of improper or Implies the idea of improper or
unskillful care of a patient by a unskillful care of a patient by a nurse. It also denotes stepping nurse. It also denotes stepping beyond one’s authority with beyond one’s authority with serious consequences serious consequences
EXAMPLES OF MALPRACTICE:EXAMPLES OF MALPRACTICE: Misdiagnosis of an illness, failure to Misdiagnosis of an illness, failure to
diagnose or relay diagnosisdiagnose or relay diagnosis Birth InjuriesBirth Injuries Surgical ComplicationsSurgical Complications Prescription errorsPrescription errors Failure to provide treatmentFailure to provide treatment Anesthesia related complicationsAnesthesia related complications Failure to follow advance directiveFailure to follow advance directive Failure of hospital or pharmacy to Failure of hospital or pharmacy to
dispense the right medicine, dosagedispense the right medicine, dosage
DOCTRINE OF FORCE MAJEUREDOCTRINE OF FORCE MAJEURE It is an irresistible or superior force, one It is an irresistible or superior force, one
that cannot be foreseen or prevented; a that cannot be foreseen or prevented; a fortuitous event, and “act of God”. No fortuitous event, and “act of God”. No person shall be held liable for person shall be held liable for nonperformance of what was expected of nonperformance of what was expected of him/her if the cause of the him/her if the cause of the nonperformance was a force majeure nonperformance was a force majeure (e.g. devastating typhoons, earthquakes (e.g. devastating typhoons, earthquakes
and other calamities)and other calamities)
DOCTRINE OF DOCTRINE OF RESPONDEAT SUPERIORRESPONDEAT SUPERIOR
Means “let the superior answer; let Means “let the superior answer; let the principal answer for the acts of his the principal answer for the acts of his
agent”agent” The doctrine is founded on the principle that The doctrine is founded on the principle that
he who expects to derive advantage from an he who expects to derive advantage from an act which is done by another for him must act which is done by another for him must answer for any injury which a third person answer for any injury which a third person may sustain from it. The doctrine rests upon may sustain from it. The doctrine rests upon the proposition that, in doing the acts out of the proposition that, in doing the acts out of which the accident arose, the servant was which the accident arose, the servant was representing the master at the timerepresenting the master at the time
EXAMPLES:EXAMPLES: The hospital will be held liable, if, in The hospital will be held liable, if, in
an effort to cut down on expenses it an effort to cut down on expenses it decides to hire underboard nurses or decides to hire underboard nurses or midwives in place of professional midwives in place of professional nurses, and these persons prove to be nurses, and these persons prove to be incompetentincompetent
The surgeon will be held responsible The surgeon will be held responsible in case a laparotomy pack is left in a in case a laparotomy pack is left in a patient’s abdomenpatient’s abdomen
INCOMPETENCEINCOMPETENCE Is the lack of ability, legal Is the lack of ability, legal
qualifications or fitness to discharge qualifications or fitness to discharge the required dutythe required duty
Although a nurse is registered, if in Although a nurse is registered, if in the performance of her duty she the performance of her duty she manifests incompetency, there is manifests incompetency, there is ground for revocation or suspension of ground for revocation or suspension of her certificate of registrationher certificate of registration
LIABILITY OF NURSES FOR LIABILITY OF NURSES FOR THE WORK OF NURSING THE WORK OF NURSING
AIDESAIDES Nursing aides perform selected nursing Nursing aides perform selected nursing
activities under the direct supervision activities under the direct supervision of nurses. They usually given on-job-of nurses. They usually given on-job-training by the Training staff. Their training by the Training staff. Their responsibilities usually pertains to the responsibilities usually pertains to the routine care of chronically ill patients. routine care of chronically ill patients. They are therefore responsible for their They are therefore responsible for their own actions. own actions.
LIABILITY FOR THE WORK LIABILITY FOR THE WORK OF NURSING STUDENTSOF NURSING STUDENTS
Under the Philippine Nursing Under the Philippine Nursing Act of 2002 R.A. 9173, nursing Act of 2002 R.A. 9173, nursing students do not perform students do not perform professional nursing duties. professional nursing duties. They are to be supervised by They are to be supervised by their clinical instructors. their clinical instructors.
GUIDELINES TO AVOID GUIDELINES TO AVOID MISTAKES OF NURSING MISTAKES OF NURSING
STUDENTSSTUDENTS1.1. Nursing students should always be under Nursing students should always be under
the supervision of their clinical instructorsthe supervision of their clinical instructors2.2. They should be given assignments that They should be given assignments that
are at their level of training , experience, are at their level of training , experience, and competencyand competency
3.3. They should be advised to seek guidance They should be advised to seek guidance especially if they are performing especially if they are performing procedure for the first timeprocedure for the first time
4.4. They should be oriented to the policies of They should be oriented to the policies of the nursing unit where they are assignedthe nursing unit where they are assigned
5. Their performance should be 5. Their performance should be assessed frequently to determine assessed frequently to determine their strengths and weaknessestheir strengths and weaknesses
6. Frequent conferences with the 6. Frequent conferences with the students will reveal their problems students will reveal their problems which they may want to bring to which they may want to bring to the attention of their instructors or the attention of their instructors or vice-versa. Discussion of these vice-versa. Discussion of these problems will iron out doubts and problems will iron out doubts and possible solutions may be provided. possible solutions may be provided.
LEGAL DEFENSE IN LEGAL DEFENSE IN NEGLIGENCENEGLIGENCE
The most common defense in a The most common defense in a negligent action is when nurses negligent action is when nurses know and attain that standard of know and attain that standard of care in giving service and that they care in giving service and that they have documented the care they give have documented the care they give in a concise and accurate mannerin a concise and accurate manner
If the patient’s careless conduct If the patient’s careless conduct contributes to his own injury, the contributes to his own injury, the patient cannot bring suit against the patient cannot bring suit against the nurse. nurse.
MEDICAL ORDERS, DRUGS, MEDICAL ORDERS, DRUGS, AND MEDICATIONSAND MEDICATIONS
R.A. 6675 states that only validly registered R.A. 6675 states that only validly registered medical, dental, and veterinary practitioners, medical, dental, and veterinary practitioners, whether in private institution/corporation or in the whether in private institution/corporation or in the government, are authorized to prescribe drugs.government, are authorized to prescribe drugs.
In accordance with R.A. 5921, or the pharmacy In accordance with R.A. 5921, or the pharmacy Act as amended, all prescriptions must contain Act as amended, all prescriptions must contain the following information: name of the prescriber, the following information: name of the prescriber, office address, professional registration number, office address, professional registration number, professional tax receipt number, patient’s/client’s professional tax receipt number, patient’s/client’s name, age, and sex, and date of prescription. R.A. name, age, and sex, and date of prescription. R.A. 6675 requires that the drugs be written in their 6675 requires that the drugs be written in their generic names.generic names.
IV Therapy and Legal ImplicationsIV Therapy and Legal ImplicationsPhilippine Nursing Act of 1991 Section 28 Philippine Nursing Act of 1991 Section 28 statesstates that in the administration of that in the administration of
intravenous injection, special training intravenous injection, special training shall be required according to protocol shall be required according to protocol establishedestablished
Board of Nursing Resolution No. 8 Board of Nursing Resolution No. 8 states that without such training and states that without such training and
who administers intravenous injections who administers intravenous injections to patients shall be held liable either to patients shall be held liable either criminally under Sec 30 Art. VII of said criminally under Sec 30 Art. VII of said law or administratively under sec 21 law or administratively under sec 21 Art III or both (whether causing or not Art III or both (whether causing or not an injury or death to the patient)an injury or death to the patient)
SCOPE OF DUTIES AND SCOPE OF DUTIES AND RESPONSIBLITIES IN IV THERAPYRESPONSIBLITIES IN IV THERAPY
1.1. Interpretation of the doctor’s orders for IV Interpretation of the doctor’s orders for IV therapytherapy
2.2. Performance of venipuncture, insertion of Performance of venipuncture, insertion of needles, cannulas except TPN and cutdownneedles, cannulas except TPN and cutdown
3.3. Preparation, administration, monitoring Preparation, administration, monitoring and termination of intravenous solutions and termination of intravenous solutions such as additives, intravenous medications, such as additives, intravenous medications, and intravenous pushand intravenous push
4.4. Administration of blood/blood products as Administration of blood/blood products as ordered by the physiciansordered by the physicians
5. Recognition of solutions and medicine 5. Recognition of solutions and medicine incompatibilitiesincompatibilities
6. Maintenance and replacement of sites, 6. Maintenance and replacement of sites, tubings, dressings, in accordance with tubings, dressings, in accordance with established proceduresestablished procedures
7. Establishment of flow rates of solutions, 7. Establishment of flow rates of solutions, medicines, blood and blood componentsmedicines, blood and blood components
8. Utilization of thorough knowledge and 8. Utilization of thorough knowledge and proficient technical ability in the proficient technical ability in the use/care, maintenance, and evaluation of use/care, maintenance, and evaluation of intravenous equipmentintravenous equipment
9. Nursing management of total 9. Nursing management of total parenteral nutrition, out-patient parenteral nutrition, out-patient intravenous careintravenous care
10. Maintenance of established 10. Maintenance of established infection control and aseptic infection control and aseptic nursing interventionsnursing interventions
11. Maintenance of appropriate 11. Maintenance of appropriate documentation, associated with documentation, associated with the preparation, administration the preparation, administration and termination of all forms of and termination of all forms of intravenous therapy.intravenous therapy.
Telephone OrdersTelephone Orders Doctors should limit telephone orders to extreme Doctors should limit telephone orders to extreme
emergency where there is no alternative. The use emergency where there is no alternative. The use of telephone in a non emergency as a substitute of telephone in a non emergency as a substitute for the physician himself can lead to serious error for the physician himself can lead to serious error and may border on malpractice.and may border on malpractice.
Nurse should read back such order to the Nurse should read back such order to the physician to make certain the order has been physician to make certain the order has been correctly written.correctly written.
Such order should be signed by the physician Such order should be signed by the physician within 24 hourswithin 24 hours
The nurse should sign the physician’s name per The nurse should sign the physician’s name per her own and note the time and order was receivedher own and note the time and order was received
CONSENT TO CONSENT TO MEDICAL AND MEDICAL AND
SURGICAL SURGICAL PROCEDUREPROCEDURE
ConsentConsent is defined as a “ free and rational is defined as a “ free and rational act that presupposes knowledge of the act that presupposes knowledge of the thing to which consent is being given by a thing to which consent is being given by a person who is legally capable to give person who is legally capable to give consent”consent”
Nature of consent- Nature of consent- an authorization by an authorization by the patient or a person authorized by the the patient or a person authorized by the law to give the consent on the patient’s law to give the consent on the patient’s behalf.behalf.
Informed ConsentInformed Consent--A written consent A written consent should be signed to show that the should be signed to show that the procedure is the one consented to and that procedure is the one consented to and that the person understands the nature of the the person understands the nature of the procedureprocedure
The nurse’s responsibility in The nurse’s responsibility in witnessing the giving of witnessing the giving of informed consent involves: informed consent involves:
(1) witnessing the exchange b/w (1) witnessing the exchange b/w the client and the physician (2) the client and the physician (2) witnessing the client affix his witnessing the client affix his signature (3) establishing that signature (3) establishing that the client really understood. the client really understood.
ESSENTIAL ELEMENTS OF ESSENTIAL ELEMENTS OF INFORMED CONSENT:INFORMED CONSENT:
1.1. The diagnosis and explanation of the The diagnosis and explanation of the conditioncondition
2.2. A fair explanation of the procedures to be A fair explanation of the procedures to be done and used and the consequencesdone and used and the consequences
3.3. A description of alternative treatments or A description of alternative treatments or proceduresprocedures
4.4. A description of the benefits to be expectedA description of the benefits to be expected5.5. Material rights if anyMaterial rights if any6.6. The prognosis, the recommended care, The prognosis, the recommended care,
procedure is refusedprocedure is refused
WHO MUST WHO MUST CONSENT?CONSENT?
Patient must consent in his own Patient must consent in his own behalfbehalf
If he is incompetent, or physically If he is incompetent, or physically unable, and is not in emergency unable, and is not in emergency
case, consent must be taken from case, consent must be taken from another who is authorized to give it another who is authorized to give it
in his own behalf.in his own behalf.
CONSENT CONSENT OF MINORSOF MINORSParents or someone standing in Parents or someone standing in
their behalf, gives the consent to their behalf, gives the consent to medical or surgical treatment of a medical or surgical treatment of a
minor. Parental consent is not minor. Parental consent is not needed if the patient is married or needed if the patient is married or
emancipated emancipated
CONSENT OF CONSENT OF MENTALY ILLMENTALY ILL
A mentally incompetent person A mentally incompetent person cannot legally consent to medical cannot legally consent to medical
or surgical treatment. The consent or surgical treatment. The consent must be taken from parents or must be taken from parents or
legal guardianlegal guardian
MENTAL COMPETENCYMENTAL COMPETENCY All patients are presumed to All patients are presumed to be competent unless declared be competent unless declared
incompetent by a court of law. incompetent by a court of law. Supporting documentation of the Supporting documentation of the patient’s behaviors, speech, decision patient’s behaviors, speech, decision making and physical and mental making and physical and mental status are very useful in establishing status are very useful in establishing his/her mental competencyhis/her mental competency
EMERGENCY EMERGENCY SITUATIONSITUATION
No consent is necessary because No consent is necessary because inaction at such time may cause inaction at such time may cause greater injury. If time is available greater injury. If time is available
and an informed consent is and an informed consent is possible, it is best that this be possible, it is best that this be taken to protect all the parties taken to protect all the parties
concerned.concerned.
REFUSAL TO REFUSAL TO CONSENTCONSENTA patient who is mentally and A patient who is mentally and
legally competent has the right to legally competent has the right to refuse the touching of his body or to refuse the touching of his body or to
submit to a medical or surgical submit to a medical or surgical procedure no matter how procedure no matter how
necessary, nor how imminent the necessary, nor how imminent the danger to his life or health if he fails danger to his life or health if he fails
to submit to treatment.to submit to treatment.
CONSENT FOR CONSENT FOR STERILIZATIONSTERILIZATION
Sterilization is the termination of Sterilization is the termination of the ability to produce offsprings. the ability to produce offsprings. The husband and the wife must The husband and the wife must consent to the procedure if the consent to the procedure if the
operation is primarily to accomplish operation is primarily to accomplish sterilization. If emergency cases like sterilization. If emergency cases like
ectopic pregnancy and abruptio ectopic pregnancy and abruptio placentae, consent from patient is placentae, consent from patient is
sufficient.sufficient.
MEDICAL RECORDSMEDICAL RECORDS Was created as a means of Was created as a means of
communication among health care communication among health care practitioners. Today medical records practitioners. Today medical records serve two important functions: to provide serve two important functions: to provide legal documentation, and obtain third legal documentation, and obtain third party payments (e.g. Medicare) They are party payments (e.g. Medicare) They are good evidence in legal suits but are not good evidence in legal suits but are not admissible evidence against the patient.admissible evidence against the patient.
“ “ If information is not charted, it was not If information is not charted, it was not done or observed”done or observed”
CHARTING DONE BY CHARTING DONE BY NURSING NURSING
STUDENTSSTUDENTS
LEGAL RISKS FOR LEGAL RISKS FOR SAFETY EQUIPMENTSAFETY EQUIPMENT
The nurse should exercise The nurse should exercise reasonable care in selecting reasonable care in selecting
equipment to be used in patients. equipment to be used in patients. Generally, a nurse is not liable for a Generally, a nurse is not liable for a
non-observable and non-non-observable and non-discoverable defect in the discoverable defect in the
equipment.equipment.
WHAT IS A CONTRACT?WHAT IS A CONTRACT? Is a meeting of minds between two Is a meeting of minds between two
persons where they bind themselves persons where they bind themselves to give something or to render some to give something or to render some services. Practically anything could services. Practically anything could be subjected to a contract as long as be subjected to a contract as long as these are not contrary to law, these are not contrary to law, morals, good customs, public order morals, good customs, public order and public policy.and public policy.
Kinds of ContractsKinds of Contracts Formal Contracts- Formal Contracts- refers to an refers to an
agreement b/w parties and is required to agreement b/w parties and is required to be in writing. E.g. marriage contractsbe in writing. E.g. marriage contracts
Informal Contracts- Informal Contracts- one in which one in which concluded as the result of a written concluded as the result of a written document where the law does not require document where the law does not require the same to be in writing.the same to be in writing.
Express Contracts- Express Contracts- The one in which the The one in which the conditions and terms of contract are given conditions and terms of contract are given orally or in writing by the parties orally or in writing by the parties concerned. E.g. PDN under the doctrine of concerned. E.g. PDN under the doctrine of “facio ut des” means I do that you may “facio ut des” means I do that you may give.give.
Implied Contracts- Implied Contracts- one that is one that is concluded as a result of acts of concluded as a result of acts of conduct of the parties to which the conduct of the parties to which the law ascribes an objective intentions law ascribes an objective intentions to enter into a contract.to enter into a contract.
Void contracts- Void contracts- one that is one that is inexistent from the very beginning inexistent from the very beginning and therefore may not be enforced.and therefore may not be enforced.
Illegal contracts-Illegal contracts- one that is one that is expressly prohibited by lawexpressly prohibited by law
Illegal ContractsIllegal Contracts Those that are made in protection Those that are made in protection
of the lawof the law Consent obtained by fraudConsent obtained by fraud Those obtained under duressThose obtained under duress Those obtained under undue Those obtained under undue
influenceinfluence Those obtained through material Those obtained through material
misrepresentationmisrepresentation
INTENTIONAINTENTIONAL WRONGSL WRONGSA nurse may be held liable for A nurse may be held liable for
intentional wrongsintentional wrongs
TORTSTORTS A tort is a legal wrong, committed A tort is a legal wrong, committed
against a person or property against a person or property independent of a contract which independent of a contract which renders the person who commits renders the person who commits it liable for damages in a civil it liable for damages in a civil action. A person who has been action. A person who has been wronged seeks compensation for wronged seeks compensation for the injury or wrong he has the injury or wrong he has suffered from the wrong doer. suffered from the wrong doer.
EXAMPLES OF TORT:EXAMPLES OF TORT: ASSAULT AND BATTERY. Assault is a ASSAULT AND BATTERY. Assault is a
unjustifiable attempt to touch another unjustifiable attempt to touch another person or even the threat of doing so person or even the threat of doing so while Battery is the actual carrying out while Battery is the actual carrying out of the threatened physical contactof the threatened physical contact
DEFAMATION of character occurs where DEFAMATION of character occurs where a person discusses another individual a person discusses another individual in terms that diminish reputation. Libel in terms that diminish reputation. Libel is written defamation. Slander is oral is written defamation. Slander is oral DefamationDefamation
FALSE IMPRISONMENTFALSE IMPRISONMENT Is the infringement of upon an Is the infringement of upon an
individual’s freedom of movement. It individual’s freedom of movement. It is making someone wrongfully feel is making someone wrongfully feel that he or she cannot leave the place. that he or she cannot leave the place.
The unjustifiable detention of a The unjustifiable detention of a person without a legal warrant within person without a legal warrant within boundaries fixed by the defendant by boundaries fixed by the defendant by an act or violation of duty intended to an act or violation of duty intended to result in such confinement.result in such confinement.
USE OF USE OF RESTRAINTSRESTRAINTS
Restraints should be used Restraints should be used with caution and discretion. with caution and discretion. All patients should have the All patients should have the right to independence and right to independence and freedom of movement. freedom of movement. Restraints require a Restraints require a physician’s order. If a patient physician’s order. If a patient or his legal guardian refuses or his legal guardian refuses to be restrained, this should to be restrained, this should be documented in the be documented in the patient’s medical record.patient’s medical record.
INVASION OF RIGHT TO INVASION OF RIGHT TO PRIVACY AND BREACH OF PRIVACY AND BREACH OF
CONFIDENTIALITYCONFIDENTIALITY The right to privacy is the right to be left The right to privacy is the right to be left
alone, the right to be free from unwarranted alone, the right to be free from unwarranted publicity and exposure to public view as well publicity and exposure to public view as well as the right to live one’s life without having as the right to live one’s life without having anyone’s name, picture or private affairs anyone’s name, picture or private affairs made public against one’s will.made public against one’s will.
Nurses may become liable for invasion of Nurses may become liable for invasion of right to privacy if they divulge information right to privacy if they divulge information from from
a patient’s chart to improper sources or a patient’s chart to improper sources or unauthorized personsunauthorized persons
DEFAMATIONDEFAMATION Occurs when a person discusses another Occurs when a person discusses another
individual in terms that diminish reputation.individual in terms that diminish reputation. SLANDERSLANDER- is oral defamation of a person by - is oral defamation of a person by
speaking unprivileged or false words by speaking unprivileged or false words by which his reputation is damagedwhich his reputation is damaged
LIBEL-LIBEL- is defamation by written words, is defamation by written words, cartoons or such representations that cause cartoons or such representations that cause a person to be avoided, ridiculed or held in a person to be avoided, ridiculed or held in contempt or tend to injure him in his work contempt or tend to injure him in his work
CRIMES, CRIMES, MISDEMEANORS, AND MISDEMEANORS, AND
FELONIESFELONIES
CRIMECRIME is defined as an act is defined as an act committed or omitted in committed or omitted in violation of the law. Criminal violation of the law. Criminal offenses are composed of two offenses are composed of two elements: (1) Criminal Act (2) elements: (1) Criminal Act (2) Evil/criminal intent Evil/criminal intent
In criminal action, the state In criminal action, the state seeks the punishment of the seeks the punishment of the wrongdoerswrongdoers
Conspiracy to commit a Conspiracy to commit a crimecrime
Principals- Principals- are those who take a direct part in are those who take a direct part in the execution of the act, who directly force or the execution of the act, who directly force or induce others to commit it; or who cooperate in induce others to commit it; or who cooperate in the commission of the offense by another act the commission of the offense by another act without which it would not have been without which it would not have been accomplished.accomplished.
Accomplices- Accomplices- are those who, not being are those who, not being principals, cooperate in the execution of the principals, cooperate in the execution of the offense by previous and simultaneous act.offense by previous and simultaneous act.
Accessories-Accessories- are those who, having the are those who, having the knowledge of the commission of the crime. knowledge of the commission of the crime. Assisting the offender to profit from the crime Assisting the offender to profit from the crime either by disposing the body, concealing or either by disposing the body, concealing or assisting in escape of the principal of the crime.assisting in escape of the principal of the crime.
Criminal ActionsCriminal Actions Deal with acts or offenses against Deal with acts or offenses against
public welfare.public welfare. Misdemeanor-Misdemeanor- a general name for a general name for
criminal offense which does not in criminal offense which does not in law amount to felony.law amount to felony.
Felony-Felony- a public offense for which a a public offense for which a convicted person is liable to be convicted person is liable to be sentenced to death or be imprisoned sentenced to death or be imprisoned in a penitentiary or prison. It is in a penitentiary or prison. It is committed with deceit and fault.committed with deceit and fault.
Criminal NegligenceCriminal Negligence Reckless Imprudence-Reckless Imprudence- when a when a
person does an act or fails to do person does an act or fails to do involuntary without malice, from involuntary without malice, from which damage results immediately.which damage results immediately.
Simple Imprudence-Simple Imprudence- means that means that the person or nurse did not use the person or nurse did not use precaution and the damage was not precaution and the damage was not immediate or the impending danger immediate or the impending danger was not evident or manifestwas not evident or manifest
Criminal IntentCriminal Intent Is the state of mind of a person at the Is the state of mind of a person at the
time the criminal act is committed, that time the criminal act is committed, that is, he/she knows that an act is lawful is, he/she knows that an act is lawful and still decided to do it anyway.and still decided to do it anyway.
Deliberate intent includes two other Deliberate intent includes two other elements without which there can be no elements without which there can be no crime. These are freedom and crime. These are freedom and intelligence.intelligence.
When a person accused of the crime When a person accused of the crime offers evidence showing insanity, offers evidence showing insanity, necessity, compulsion, accident, or necessity, compulsion, accident, or infancy the court will decide if he did not infancy the court will decide if he did not commit a criminal offense and will commit a criminal offense and will declare the person not guilty.declare the person not guilty.
Classes of FeloniesClasses of Felonies Felonies are classified according to degree of Felonies are classified according to degree of
the acts of executionthe acts of execution Consummated-Consummated- when all the elements when all the elements
necessary for its execution and necessary for its execution and accomplishment are present. accomplishment are present.
Frustrated- Frustrated- when the offender performs all the when the offender performs all the acts or execution which will produce the felony acts or execution which will produce the felony as a consequence but which nevertheless, do as a consequence but which nevertheless, do not produce it by reason of causes not produce it by reason of causes independent of the will of the perpetrator.independent of the will of the perpetrator.
Attempted-Attempted- when the offender commences the when the offender commences the commission of the same directly by overt acts, commission of the same directly by overt acts, and does not perform the acts which shall and does not perform the acts which shall produce the felony. produce the felony.
Consummated felonies as well as attempted Consummated felonies as well as attempted and frustrated are all punishable by law.and frustrated are all punishable by law.
Felonies according to degree of Felonies according to degree of punishmentpunishment
Grave Felonies-Grave Felonies- are those to which the law are those to which the law attaches the capital punishment or penalties attaches the capital punishment or penalties which in any of their periods are afflictive. which in any of their periods are afflictive. (imprisonment ranging from 6 yrs and 1 day with (imprisonment ranging from 6 yrs and 1 day with fine not exceeding P6,000)fine not exceeding P6,000)
Less Grave Felonies-Less Grave Felonies- are those which the law are those which the law punishes with penalties which in their maximum punishes with penalties which in their maximum period are correctional (imprisonment ranging period are correctional (imprisonment ranging from 1 month and 1 day to 6 yrs or fine not from 1 month and 1 day to 6 yrs or fine not exceeding 6,000 but not below 200)exceeding 6,000 but not below 200)
Light Felonies-Light Felonies- are those infractions of law for are those infractions of law for the commission of which the penalty of “the commission of which the penalty of “arresto arresto menormenor” (imprisonment for 1 day to 30 days or a ” (imprisonment for 1 day to 30 days or a fine not exceeding 200 or both of which are fine not exceeding 200 or both of which are imposed)imposed)
Circumstances Circumstances Affecting Criminal Affecting Criminal
LiabilityLiabilityPREPARED BY:PREPARED BY:
ailyn brillo pinedaailyn brillo pineda
Circumstances Circumstances affecting Criminal affecting Criminal
LiabilityLiability
J-E-M-A-AJ-E-M-A-A
Circumstances affecting Criminal Circumstances affecting Criminal LiabilityLiability
Justifying Justifying CircumstancesCircumstancesSELF-DEFENSESELF-DEFENSE These are the defenses These are the defenses in which the accused is in which the accused is deemed to have acted in deemed to have acted in accordance with the law accordance with the law and therefore the act is and therefore the act is lawful. Since the act is lawful. Since the act is lawful, it follows that lawful, it follows that there is no criminal, no there is no criminal, no criminal liability and no criminal liability and no civil liabilitycivil liability
Justifying CircumstancesJustifying CircumstancesA person may not incur criminal liability under the following A person may not incur criminal liability under the following
circumstance:circumstance: There is no mens rea or criminal intentThere is no mens rea or criminal intent The circumstances pertain to the act and not to the actor. Hence The circumstances pertain to the act and not to the actor. Hence
all who participated in the act will be benefited. Thus if the all who participated in the act will be benefited. Thus if the principal is acquitted there will be no accomplices and accessories.principal is acquitted there will be no accomplices and accessories.
These apply only to intentional felonies, not to acts by omissions These apply only to intentional felonies, not to acts by omissions or to culpable felonies or to violations of special lawsor to culpable felonies or to violations of special laws
When he acts in defense of his rightsWhen he acts in defense of his rights When he acts in defense of his relatives rightsWhen he acts in defense of his relatives rights When he acts in defense of a strangers rights and that the person When he acts in defense of a strangers rights and that the person
defending is not induced by revenge or evil motives.defending is not induced by revenge or evil motives. When any person who, in order to avoid an injury does an act When any person who, in order to avoid an injury does an act
which causes damage to another provided that an evil sought to which causes damage to another provided that an evil sought to be avoided actually exists.be avoided actually exists.
When he acts in the fulfillment of a duty or in lawful exercise of a When he acts in the fulfillment of a duty or in lawful exercise of a right or office.right or office.
Circumstances affecting Criminal Circumstances affecting Criminal LiabilityLiability
ExemptingCircumstancExemptingCircumstanceses
These are defenses where These are defenses where the accused committed a the accused committed a crime but is not criminally crime but is not criminally liable. There is a crime, liable. There is a crime, and there is civil liability and there is civil liability but no criminal.but no criminal.
Exempting CircumstancesExempting CircumstancesThere are certain circumstances under which the law exempts a person There are certain circumstances under which the law exempts a person
from criminal liabilityfrom criminal liability The basis is the lack of any of the elements which makes the The basis is the lack of any of the elements which makes the
act/omission voluntary, i.e. freedom, intelligence, intent or due care. act/omission voluntary, i.e. freedom, intelligence, intent or due care. These defenses pertain to the actor and not the act. They are 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 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, not extend to the other participants. Thus if a principal is acquitted, the other principals, accessories and accomplices are still liable.the other principals, accessories and accomplices are still liable.
They apply to both intentional and culpable felonies and they may They apply to both intentional and culpable felonies and they may be available in violations of special laws.be available in violations of special laws.
An imbecile or an insane person, unless the latter has acted during a An imbecile or an insane person, unless the latter has acted during a lucid intervallucid interval
A person under nine years of ageA person under nine years of age A person over nine years of age and under fifteen unless he acted A person over nine years of age and under fifteen unless he acted
with discernment.with discernment. A person while performing a lawful act with due care causes an A person while performing a lawful act with due care causes an
injury which is merely an accident.injury which is merely an accident. Any person who acts under the compulsion of an irresistible forceAny person who acts under the compulsion of an irresistible force
MITIGATING CIRCUMSTANCESMITIGATING CIRCUMSTANCES Are those which do not constitute justification Are those which do not constitute justification
or excuse of the offense in question, but or excuse of the offense in question, but which, in fairness and mercy, may be which, in fairness and mercy, may be considered as extenuating or reducing the considered as extenuating or reducing the degree of moral culpability. degree of moral culpability.
1.1. Circumstances which are otherwise justifying Circumstances which are otherwise justifying or exempting were it not for the fact that all or exempting were it not for the fact that all requisites necessary to justify the act or to requisites necessary to justify the act or to exempt the offender from criminal liability in exempt the offender from criminal liability in the respective cases are not attendantthe respective cases are not attendant
2.2. When the offender has no intention to commit When the offender has no intention to commit so grave a wrong as the one committed so grave a wrong as the one committed
3.3. When the offender is under eighteen years of When the offender is under eighteen years of age or over 70 years oldage or over 70 years old
4.4. When sufficient provocation or threat on the part of When sufficient provocation or threat on the part of the offended party immediately precedes the act the offended party immediately precedes the act
5.5. When the act is committed in the immediate When the act is committed in the immediate vindication of a grave offense to the one vindication of a grave offense to the one committing the felony, his/her spouse, ascendants, committing the felony, his/her spouse, ascendants, descendants, legitimate, natural or adopted descendants, legitimate, natural or adopted brothers, or relative by affinity within the same brothers, or relative by affinity within the same degreedegree
6.6. When a person acts upon an impulse so powerful When a person acts upon an impulse so powerful as naturally to have produced an obfuscationas naturally to have produced an obfuscation
7.7. When the offender voluntarily surrenders himself to When the offender voluntarily surrenders himself to a person in authority or confesses before the court a person in authority or confesses before the court prior to the presentation of the evidence for the prior to the presentation of the evidence for the prosecutionprosecution
8.8. When the defender is deaf and dumb, blind or When the defender is deaf and dumb, blind or otherwise suffering from physical defect otherwise suffering from physical defect
AGGRAVATING AGGRAVATING CIRCUMSTANCESCIRCUMSTANCES
Are those attending the commission of a crime Are those attending the commission of a crime and which increase the criminal liability of the and which increase the criminal liability of the offender or make his guilt more severe. offender or make his guilt more severe.
1.1. When the offender takes advantage of his When the offender takes advantage of his public positionpublic position
2.2. When the crime is committed in contempt of When the crime is committed in contempt of or with insult to public authoritiesor with insult to public authorities
3.3. When the act is committed with insult or When the act is committed with insult or disregard of the respect of the offended party disregard of the respect of the offended party on account of his rank, age, sexon account of his rank, age, sex
4. 4. When the act is committed with abuse or When the act is committed with abuse or confidence or obvious ungratefulnessconfidence or obvious ungratefulness
5. when a crime is committed in a place of 5. when a crime is committed in a place of worshipworship
6. When the crime is committed on the 6. When the crime is committed on the occasion of a conflagration, shipwreck, occasion of a conflagration, shipwreck, earthquake, epidemic or other calamity or earthquake, epidemic or other calamity or misfortunemisfortune
7. When the crime is committed in 7. When the crime is committed in consideration of a price, reward or promiseconsideration of a price, reward or promise
8. When the crime is committed by means of 8. When the crime is committed by means of inundation, fire, poison, explosion, standings inundation, fire, poison, explosion, standings of a vessel or intentional damageof a vessel or intentional damage
AGGRAVATING AGGRAVATING CIRCUMSTANCESCIRCUMSTANCES
9. When the act is committed 9. When the act is committed with evident premeditation with evident premeditation or after unlawful entryor after unlawful entry
10. When craft, fraud, or 10. When craft, fraud, or disguise is employeddisguise is employed
when the wrong done in the when the wrong done in the commission of the crime is commission of the crime is deliberately augmented by deliberately augmented by causing other wrongs not causing other wrongs not necessary for its necessary for its commissioncommission
AGGRAVATING AGGRAVATING CIRCUMSTANCESCIRCUMSTANCES
ALTERNATIVE CIRCUMSTANCESALTERNATIVE CIRCUMSTANCES those which may either those which may either
be appreciated as be appreciated as mitigating or mitigating or aggravating according aggravating according to the nature and to the nature and effects of the crime and effects of the crime and other conditions other conditions attending its attending its commission. commission.
LACK OF EDUCATION IS NOT LACK OF EDUCATION IS NOT MITIGATING IN:MITIGATING IN:
1.1. RapeRape2.2. Forcible abductionForcible abduction3.3. ArsonArson4.4. TreasonTreason5.5. In crimes against chastity like seduction In crimes against chastity like seduction
and acts of lasciviousnessand acts of lasciviousness6.6. Those acts committed in a merciless or Those acts committed in a merciless or
heinous mannerheinous manner
MORAL TURPITUDEMORAL TURPITUDE
is an act of baseness, is an act of baseness, vileness or depravity in social vileness or depravity in social or private duties which a man or private duties which a man owes to his fellow man or to owes to his fellow man or to society in general, an act society in general, an act contrary to the accepted and contrary to the accepted and customary rule of right and customary rule of right and duty between menduty between men
MURDERMURDER
-- is the unlawful killing of a is the unlawful killing of a human being with intent human being with intent to kill. It is a very serious to kill. It is a very serious crime. Nurses should crime. Nurses should keep in mind that death keep in mind that death resulting from a criminal resulting from a criminal abortion is murder. abortion is murder. Euthanasia is also Euthanasia is also considered murder.considered murder.
HOMICIDEHOMICIDE- - is the killing of a human being is the killing of a human being in another. It may be committed in another. It may be committed without criminal intent, by any without criminal intent, by any person whom kills another, person whom kills another, other than his father, mother, or other than his father, mother, or child or any of his ascendants or child or any of his ascendants or descendants, or his spouse, descendants, or his spouse, without any of the without any of the circumstances attendant the circumstances attendant the crime of murder enumerated crime of murder enumerated above being present.above being present.
ABORTIONABORTION
-- is illegal according to the is illegal according to the revised penal code. The revised penal code. The patient should assume patient should assume responsibility for her responsibility for her abortion. She should be abortion. She should be made to sign a statement made to sign a statement relieving the hospital and relieving the hospital and its personnel from liabilityits personnel from liability
INFANTICIDEINFANTICIDE- IS THE KILLING OF A CHILD - IS THE KILLING OF A CHILD LESS THAN THREE DAYS OF AGE. The LESS THAN THREE DAYS OF AGE. The mother of the child who commits this crime mother of the child who commits this crime shall suffer penalty of imprisonment ranging shall suffer penalty of imprisonment ranging from two years and four months and 1 day from two years and four months and 1 day to 6 yearsto 6 years
PARRICIDE-PARRICIDE- is a crime committed by one is a crime committed by one who kills her/his father, mother or child who kills her/his father, mother or child whether legitimate or illegitimate, or any of whether legitimate or illegitimate, or any of his/her ascendants or descendants or his/her ascendants or descendants or his/her spouse.his/her spouse.
ROBBERYROBBERY- is a crime against a person or - is a crime against a person or propertyproperty
CONTROLLED CONTROLLED SUBSTANCESSUBSTANCES
R.A. 6425 known as the Dangerous Drug R.A. 6425 known as the Dangerous Drug Act of 1972 covers the administration Act of 1972 covers the administration and regulation of the manufacture, and regulation of the manufacture, distribution, dispensing of controlled distribution, dispensing of controlled drugs. drugs.
Persons authorized to prescribe or Persons authorized to prescribe or dispense these drugs are required to dispense these drugs are required to register and have a special license for register and have a special license for this purpose this purpose
POINTS TO OBSERVE IN ORDER POINTS TO OBSERVE IN ORDER TO AVOID CRIMINAL LIABILITYTO AVOID CRIMINAL LIABILITY
1.1. Be very familiar with the Philippine Be very familiar with the Philippine Nursing LawNursing Law
2.2. Beware of laws that affect nursing Beware of laws that affect nursing practicepractice
3.3. At the start of employment, get a copy of At the start of employment, get a copy of your job description, the agency’s rules, your job description, the agency’s rules, regulations and policiesregulations and policies
4.4. Upgrade your skills and competenceUpgrade your skills and competence5.5. Accept only such responsibility that is Accept only such responsibility that is
within the scope of your employment and within the scope of your employment and your job descriptionyour job description
6. Do not delegate your responsibility to 6. Do not delegate your responsibility to othersothers
7. Determine whether your subordinates 7. Determine whether your subordinates are competent in the work are assigning are competent in the work are assigning themthem
8. Develop good interpersonal relationships 8. Develop good interpersonal relationships with your co-workers, whether they be with your co-workers, whether they be your supervisors, peers, or subordinatesyour supervisors, peers, or subordinates
9. Consult your superiors for problems that 9. Consult your superiors for problems that may be too big for you to handlemay be too big for you to handle
10. Verify orders that are not clear to you 10. Verify orders that are not clear to you or those that seem to be erroneousor those that seem to be erroneous
11. The doctors should be 11. The doctors should be informed about the patient’s informed about the patient’s conditioncondition
12. Keep in mind the value and 12. Keep in mind the value and necessity of keeping accurate necessity of keeping accurate and adequate recordsand adequate records
13. Patients are entitled to an 13. Patients are entitled to an informed consentinformed consent
WILLSWILLS It is a legal declaration of a person’s It is a legal declaration of a person’s
intentions upon death.intentions upon death. It is called testamentary document It is called testamentary document
because it takes effect after the death of because it takes effect after the death of its makerits maker
DECEDENT- a person whose property is DECEDENT- a person whose property is transmitted through succession whether or transmitted through succession whether or not he left a will. If he left a will he is called not he left a will. If he left a will he is called a TESTATOR. If a woman TESTATRIXa TESTATOR. If a woman TESTATRIX
HOLOGRAPHIC WILL- a will that is written HOLOGRAPHIC WILL- a will that is written and signed by the testatorand signed by the testator
HEIR is a person called to succession either by HEIR is a person called to succession either by the provision of a will or by operation of lawthe provision of a will or by operation of law
There should be a witness who knows the There should be a witness who knows the handwriting and signature of the testator handwriting and signature of the testator explicitly declares that the will and the explicitly declares that the will and the signature are in the handwriting of the testatorsignature are in the handwriting of the testator
ORAL WILL is also called as NUCUPATIVE WILL ORAL WILL is also called as NUCUPATIVE WILL or NUNCUPATION it is during the last illness, or NUNCUPATION it is during the last illness, that it is done in the place in which a he dies, that it is done in the place in which a he dies, that he asked one or more witness to the will, that he asked one or more witness to the will, that the will be put in writing within a given that the will be put in writing within a given number of days, that it be for probate within a number of days, that it be for probate within a specified timespecified time
NURSE’S OBLIGATION IN NURSE’S OBLIGATION IN THE EXECUTION OF A THE EXECUTION OF A
WILLWILL The nurse should note the soundness The nurse should note the soundness
of the patient’s mind and that there of the patient’s mind and that there was free from fraud or undue was free from fraud or undue influence and that the patient was influence and that the patient was above 18 years or of age .above 18 years or of age .
The patient should write that the will The patient should write that the will was signed by the testator, that the was signed by the testator, that the witnesses were all present at the witnesses were all present at the same time and signed the will I the same time and signed the will I the presence of the testatorpresence of the testator
LIVING WILLLIVING WILL Is an individual’s signed request to be Is an individual’s signed request to be
allowed to die when life can be allowed to die when life can be supported only mechanically or by supported only mechanically or by heroic measures.heroic measures.
It also includes the decision to accept It also includes the decision to accept or refuse any treatment, service or or refuse any treatment, service or procedure used to diagnose or treat procedure used to diagnose or treat his/her physical or mental condition his/her physical or mental condition and decisions to provideand decisions to provide
ADVANCE DIRECTIVE & HEALTH ADVANCE DIRECTIVE & HEALTH CARE PROXYCARE PROXY
The patient designates a health care The patient designates a health care representative, usually a member of the representative, usually a member of the family, a friend or a family physician to family, a friend or a family physician to make decisions for him/her when he/she is make decisions for him/her when he/she is unable, due to physical or mental unable, due to physical or mental incapacity, accept or refuse treatment, incapacity, accept or refuse treatment, service or procedure used to diagnose or service or procedure used to diagnose or treat his/her physical or mental condition treat his/her physical or mental condition and decisions to provide, withhold or and decisions to provide, withhold or withdraw life sustaining measureswithdraw life sustaining measures
WHAT SHOULD A NURSE WHAT SHOULD A NURSE REMEMBER ABOUT WILLS?REMEMBER ABOUT WILLS?
A nurse especially those taking care of well-A nurse especially those taking care of well-to-do patients should remember that the to-do patients should remember that the main requisite for making a will is main requisite for making a will is testamentary capacity or sanity. The person testamentary capacity or sanity. The person who makes a will should at least be 18 years who makes a will should at least be 18 years old and is not prohibited by law. The will is old and is not prohibited by law. The will is written and should be witnessed by three written and should be witnessed by three credible witnesses, unless it is holographic credible witnesses, unless it is holographic will. A Holographic will is one that is entirely will. A Holographic will is one that is entirely written, dated and signed by hand. There is written, dated and signed by hand. There is no legal reason for the nurse to refuse to no legal reason for the nurse to refuse to witness the preparation of a will.witness the preparation of a will.
WHAT IS AN INCIDENT WHAT IS AN INCIDENT REPORTREPORT
It is an administrative report that is It is an administrative report that is required of nurses if there are required of nurses if there are violations of standards and policies violations of standards and policies whether or not injury occurs. whether or not injury occurs.
Through incident reports, hospital Through incident reports, hospital administration can monitor quality of administration can monitor quality of patient care and institute some patient care and institute some measures to prevent similar incidents measures to prevent similar incidents in the future.in the future.
COMMON LEGAL TERMS THAT A COMMON LEGAL TERMS THAT A NURSE SHOULD KNOW:NURSE SHOULD KNOW:
AffidavitAffidavit- is a written statement made under - is a written statement made under oath before a notary public or other person duly oath before a notary public or other person duly authorizedauthorized
Contempt of CourtContempt of Court- is the willful disobedience - is the willful disobedience to, or open disrespect for, the rules of courtto, or open disrespect for, the rules of court
DefendantDefendant- the person being accused of a - the person being accused of a wrongdoing; the therefore needs to defend wrongdoing; the therefore needs to defend themselvesthemselves
Day in court- Day in court- the right of a person to appear in the right of a person to appear in court and be heard concerning his court and be heard concerning his compliant/defensecompliant/defense
Due process- Due process- is fair and orderly process is fair and orderly process which aims to protect and enforce a person’s which aims to protect and enforce a person’s rightsrights
False TestimonyFalse Testimony- is punishable both - is punishable both criminal and civil lawcriminal and civil law
Hearsay Evidence- Hearsay Evidence- is evidence that is is evidence that is derived from something the witness heard derived from something the witness heard from othersfrom others
InquestInquest- is the legal inquiry into the cause or - is the legal inquiry into the cause or manner of a deathmanner of a death
PerjuryPerjury- is the willful telling of a lie under - is the willful telling of a lie under oathoath
PlaintiffPlaintiff- the person who files the lawsuit - the person who files the lawsuit and is seeking for a perceived wrongdoingand is seeking for a perceived wrongdoing
Prima facie Evidence- Prima facie Evidence- evidence, which evidence, which if unexplained or uncontradicted would if unexplained or uncontradicted would establish the fact allegedestablish the fact alleged
Privileged CommunicationPrivileged Communication- statements - statements uttered in good faith. These are not uttered in good faith. These are not permitted to be divulged in court justice. permitted to be divulged in court justice.
Statute of Limitations- Statute of Limitations- define the define the length of time following the event during length of time following the event during which the plaintiff may file the lawsuitwhich the plaintiff may file the lawsuit
SubpoenaSubpoena- is an order that requires a - is an order that requires a person to attend at a specific time and person to attend at a specific time and place to testify as witnessplace to testify as witness
Subpoena Duces Tecum- Subpoena Duces Tecum- is a subpoena is a subpoena that requires a witness to bring required that requires a witness to bring required papers/ documents and the like which may papers/ documents and the like which may be in his possessionbe in his possession
SummonsSummons- is a writ commanding an - is a writ commanding an authorized person to notify a party to authorized person to notify a party to appear in court to answer a complaint appear in court to answer a complaint made against themmade against them
WarrantWarrant- is writing from a competent - is writing from a competent authority in pursuance of law, directing authority in pursuance of law, directing the doing of an act, and addressed to a the doing of an act, and addressed to a person competent to do itperson competent to do it
THE END THE END GOD BLESS!!!GOD BLESS!!!
