department of law which comprise all legal rules and principles affecting the practice of nursing.
the making of laws, or the body of laws already affecting the practice of nursing.
a rule of civil conduct prescribed by the supreme power in a state commanding what is right and prohibiting what is wrong. Sum total of rules and regulations by which society is governed
TYPES OF LAW
PRIVATE OR CIVIL LAW body of law that deals with relationship among private individuals PUBLIC LAW body of law for the welfare of the general public; relationship between individuals and the government and government agencies
An agency in the government wherein the administration of justice is delegated.
a claim which can be enforced by legal means against a person whose duty is to respect it.
COURT MECHANISMLAWSUIT- proceeding in court for a purpose. Purpose: Enforce a right Redress a wrong
QUESTIONIf you think that a person has done something seriously wrong to you, the correct action to do get redress for the injury received is to: A. systematically plan on how to have a vindication for the damage done B. file a lawsuit against the person for damage C. hire someone to take revenge for you D. nothing, just forget about it
PARTIES TO A CASE
Complainant VS Defendant: Civil case Plaintiff VS Accused: Criminal case Witness- an individual held upon to give necessary details either for the accused or against the accused
The person who institutes legal proceeding is called: A. Plaintiff B. Respondent C. Defendant D. Accused
It is promulgated for the common good by one who has legitimate authority: A. Jurisprudence B. Dilemma C. Law D. Ethics
A hospital filed a case of damages against a nurse for breach of contract. Who is the nurse in the case? A. complainant B. accused C. defendant D. plaintiff
STATUTE OF LIMITATIONS
Refers to the length of time following the event during which the plaintiff may file a suit. Example: negligence- filed within 2-3 years from occurrence.
DUE PROCESSA fair and orderly process which aims to protect and enforce a persons right. FUNDAMENTAL REQUIREMENTS OF DUE PROCESS: 1. Right to be informed 2. Right to remain silent 3. Right to competent counsel 4. No use of violence, threat, torture 5. Right to know the witness face to face
PHASES OF DUE PROCESS
PRE-TRIAL- eliminate matters not in dispute, agree on issues or settle procedural matters. TRIAL- facts are presented and determined; law applied at the end.
WRITTEN ORDERS OF COURT
WRIT- legal notes from courtSUBPOENA- an order in court Duces tecum (papers) bring documents, objects, materials, chart to court Ad testificandum (person) testify as witness at a specified time and place SUMMON- a writ commanding an authorized person to notify a party to appear in court to answer a complaint made against him.
WARRANT- a writing from a competent authority in pursuance of law, directing the doing of an act addressed to a person competent to do it Warrant
of arrest- a court order to arrest or detain a person Search warrant- a court order to search for properties
A process whereby the BON only compel the personal attendance of a witness to bring with him to the court books, papers and the like to elucidate the matters in issue: A. Warrant B. Subpoena C. Subpoena duces tecum D. Summons
LAWS THAT PROMOTE THE WELFARE AND WELL-BElNG OF NURSES
P.D. 442- Labor Code Defines among other things, hours of work, contract and nurse staffing in industrial clinics P.D. 807- Civil Service Law Provide for the recruitment and selection of employees in government service; qualification standards; personnel evaluation system; and personnel discipline
R.A. 7305- Magna Carta for Public Health Workers Has provisions on benefits, rights and responsibilities of public health workers R.A. 8344 No Deposit Policy Prohibits hospitals and clinics from demanding advance payments/cash deposits before patients are admitted or treated
LEGAL CONCEPTS AND ISSUES IN NURSING
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
Negligence failure to do something which a reasonable & prudent person should have done. 2 types: 1. Commission wrong doing 2. Omission total neglect of care didnt do anything
ELEMENTS OF NEGLIGENCE
4DS Duty for nurse Dereliction (breach of duty) Damages as result Direct result (injury, harm or death)
ORAn injury incurred within the Breadth of duty of the nurse where Cause of injury is the failure to perform the Duty!
SPECIFIC EXAMPLESBurns resulting from hot water bags, heat lamps, vaporizers, sitz bath Objects left inside the patients body; sponges suction tips Falls of the elderly, confused, unconscious, sedated patients Falls of children whose bed rails were not pulled up and locked Mistaken identity- drug given to the wrong patient Wrong medicine, wrong concentration, wrong route, wrong dose Defects in the equipment
Which of the following situations would possibly cause a nurse to be sued due to negligence? A. Nurse gave a client wrong medication, and an hour later, client complained of dyspnea B. While preparing a medication, the nurse notices that instead of 1 tablet, she put two tablets into the clients medicine cup C. As the nurse was about to administer medication, the client questioned why the medication is still given when in fact the physician discontinued it. D. Nurse administered 2 tablets of analgesic instead of 1 tablet as prescribed. Patient noticed the error and complained.
Wilfred, 30 years old male, was brought to the hospital due to injuries sustained from a vehicular accident. While being transported to the X-ray department, the straps accidentally broke and the client fell to the floor hitting to his head. In this situation, the nurse is: A. not responsible because of the doctrine of respondent superior B. free from any negligence that caused harm to pt. C. liable along with the employer for the use of a defective equipment that harms the client D. totally responsible for the negligence
Which of the following statements if made by the nurse, would you consider him/her as a prudent nurse? A. careful giving of medication in a central line B. very cautiously asks supervision all the time C. follows the doctors order even when she thinks it is wrong D. questions wrong order of the doctor
Which of the following actions by a nurse would be considered negligence? A. Playing cards with an 8 y/o boy with diabetes B. Instructing a 6 y/o asthmatic to blow on a pin wheel C. Massaging the abdomen of a 5 y/o with Wilms tumor D. Obtaining a blood test on a 6 day old infant
QUESTIONA nurse may be found negligent if: 1. a patient is injured 2. the nurse did not follow the standard 3. failure to do the duty 4. the injury incurred by the pt. is foreseeable A. 1,2,3 C. 1,2,4 B. All of the above D. 2,3,4
Monica shared with the interviewer her most recent experiences about a restless pediatric patient whom she puts up the side rails of the bed to prevent accidental falls. Which of the following attributes is shown by Monica? A. Resourcefulness B. Prudence C. Honesty D. Reliability
DOCTRINES OF NEGLIGENCE1. RES IPSA LOQUITOR - the things speak for itself - the injury is enough proof of negligence 2. RESPONDEAT SUPERIOR - Let the master answer for the acts of the subordinate - The liability is expanded to include the master as well as the employee
3. FORCE MAJEURE - Irresistible force; unforeseen or inevitable event - No person shall be responsible for those events which cannot be foreseen Ex. Flood, fire, earthquake
INCOMPETENCE: lack of ability,
legal qualifications or fitness to discharge the required duty
One of the important conditions that must be present in a negligent act to be considered as force majeure is:A.
B. C. D.
The nurse is unable to predict the possible occurrence of the action hence, she cant prevent it The injury is within the domain of nursing practice The patient did not voluntarily participate in the action The superior is also accountable for the action
When a staff nurse gives the wrong medication to her patient, the head nurse and supervisor are also made responsible for the error. This is based on what doctrine? A. Respondent superior B. Good Samaritan Act C. Res ipsa loquitur D. Force majeure
When a nurse causes an injury to the patient and the injury caused becomes the proof of the negligent act, the presence of the injury is said to exemplify the principle of: A. Force majeure B. Respondeat superior C. Res ipsa loquitur D. Holdover doctrine
Doing acts or conducts that are not authorized or licensed or competent or skilled to perform, resulting to injuries or non-injurious consequences Stepping beyond ones authority Negligent act committed in the course of professional performance RN exceeding the scope of nursing practice & does an MDs job.
ELEMENTS OF MALPRACTICEDuty of the nurse Dereliction or breach of duty Direct result (injury or harm) Damages Exceeds the limits of the standards of care Foreseability of harm
MEDICATIONS & PRESCRIPTIONS1. Only registered medical, dental and veterinary p