UNIVERSITY OF BAGUIO

General Luna Road, Baguio City

COLLEGE OF NURSING

In partial fulfillment of the requirements in

Bachelor Science in Nursing

Of the Subject in

NNCM 105- Nursing Jurisprudence

Submitted To:

Ms. Reignelda De Vera, RN

Instructor

Submitted By:

Jemimah Phoebe Ubaldo

BSN 4 Section NPA

Malpractice

Is a type of negligence in which the misfeasance, malfeasance or nonfeasance of a professional, under a duty to act, fails to follow generally accepted professional standards, and that breach of duty is the proximate cause of injury to a plaintiff who suffers damages. It is committed by a professional or her/his subordinates or agents on behalf of a client or patient that causes damages to the client or patient.

The failure to provide professional services with the skill usually exhibited by responsible and careful members of the profession, resulting in injury, loss, or damage to the party contracting those services. Though accountants, lawyers, and other professionals can be charged with malpractice, the term is most commonly associated with medical professionals (e.g., doctors, nurses, hospital technicians.) Most medical malpractice suits are for negligence on the part of medical professionals in providing expected level of care.

Malpractice has led to significantly higher rates for malpractice insurance and, some studies indicate, a "defensive" approach to medicine in which medical personnel are unwilling to order any potentially risky procedures, and protect themselves against subsequent legal action through excessive patient testing and treatment that does not improve the outcome. The most significant medical costs increases are believed to result from excessive testing and treatment, which have been estimated to be as much as six times as great as direct costs. There have been a number of proposed solutions to the increasing burden of malpractice costs, including compensation boards, no-fault statutes, limits on the amount of damages available in various malpractice suits, and an annual limit on the amount that malpractice insurance premiums can increase. Under the Employment Retirement Income Security Act (1974), managed-care organizations are protected from claims for damages resulting from a denial of benefits.

Medical malpractice is professional negligence by act or omission by a health care provider in which care provided deviates from accepted standards of practice in the medical community and causes injury or death to the patient. Standards and regulations for medical malpractice vary by country and jurisdiction within countries. Medical professionals are required to maintain professional liability insurance to offset the risk and costs of lawsuits based on medical malpractice.

Republic Act 7600Rooming-in and Breastfeeding Act

"AN ACT PROVIDING INCENTIVES TO ALL GOVERNMENT AND PRIVATE HEALTH INSTITUTIONS WITH ROOMING-IN AND BREASTFEEDING PRACTICES AND FOR OTHER

PURPOSES

To create an environment where basic physical, emotional, and psychological needs of mothers and infants immediately after birth, rooming-in and breastfeeding is encouraged by this law. Health institutions are to provide facilities for rooming-in and breastfeeding and expenses they incur in this regard shall be deductible expenses for income tax purposes. The Secretary of Health shall impose sanctions in case of violation of this law

Republic Act 7432Senior Citizen’s Act

"AN ACT TO MAXIMIZE THE CONTRIBUTION OF SENIOR CITIZENS TO NATION BUILDING, GRANT BENEFITS AND SPECIAL PRIVILEGES AND FOR OTHER PURPOSES

It provides among other things, that senior citizens, half of which are women, shall have 20% discount from all establishments relative to the use of transportation services, hotels, restaurants, recreation center and purchase of medicine everywhere in the country. The private establishments may claim the cost as tax credit. Senior citizens shall also be exempt from payment of income taxes

Republic Act No. 7877Anti-Sexual Harassment Act

an act declaring sexual harassment unlawful in the employment, education or training environment, and for other purposes

Otherwise known as the Anti-Sexual Harassment Act of 1995, is enacted primarily to protect and respect the dignity of workers, employees, and applicants for employment as well as students in educational institutions or training centers. This law, consisting of ten (10) sections, provides for a clear definition of work, education or training-related sexual harassment and specifies the acts constituting sexual harassment. It likewise provides for the duties and liabilities of the employer in cases of sexual harassment, and sets penalties for violations of its provisions. It is to be noted that a victim of sexual harassment is not barred from filing a separate and independent action for damages and other relief aside from filing the charge for sexual harassment

Republic Act 8749 of 23 June 1999Clean Air Act

Provides for a comprehensive air pollution control policy.

Act deals with basic air quality policies; definition of terms; air quality management system: general provisions, air pollution clearances and permits for stationary sources, pollution from stationary sources, pollution from motor vehicles, pollution from other sources; fuels, additives, substances and pollutants; other pollutants; role of the "Department of Environment and Natural Resources"; actions; fines and penalties; final provisions. Presidential Decree 1181 is repealed

and Presidential Decrees 984, 1152 1nd 1586 are partially modified. (56 provisions; pp. 6831-6854)

Republic Act 7160AN ACT PROVIDING FOR A LOCAL GOVERNMENT CODE OF 1991

The Local Government Code has been amended to provide representatives for women in all of the 1,600 local legislative assemblies (Sangguniang Panlalawigan, Sangguniang Panlungsod, Sangguniang Bayan and Sangguniang Barangay) nationwide. This is consistent with the 1987 Constitution recognizing women's vital role in nation-building

Republic Act 9165 of 7 June 2002Institutes the Comprehensive Dangerous Drugs Act of 2002, repealing Republic Act

6425, known as the Dangerous Drugs Act of 1972, as amended.

Definition of terms; unlawful acts and penalties; dangerous drug test and record requirements; participation of the family, students, teacher and school authorities in the enforcement of this Act; promotion of a National Drug-Free workplace program with the participation of private and labor sectors and the Department of Labor and Employment; participation of local government units; program for the treatment and rehabilitation of drug dependents; Dangerous Drug Board and Philippine Drug Enforcement Agency; appropriations, management of funds and annual report; jurisdiction over dangerous drugs cases; implementing rules and regulations; final provisions. Amends Republic Act 7659. (102 sections; pp. 4325-4370)

Republic Act 6675Generic Act of 1988

"AN ACT TO PROMOTE, REQUIRE AND ENSURE THE PRODUCTION OF AN ADEQUATE SUPPLY, DISTRIBUTION, USE AND ACCEPTANCE OF DRUGS AND MEDICINES IDENTIFIED

BY THEIR GENERIC NAMES

It protects medicine users, a majority of whom are women, from exorbitant cost of medicines by giving them a choice to choose from different brands of medicine. It also adopts a new population policy that goes beyond fertility reduction to include family formation, women's status, identified campaign against AIDs, including its integration in the school curriculum.

Other Laws Governing Practice of Nursing

1. BON Resolution No. 459 s.2002

Implementing Rules and regulations of R.A 9173

2. Act No. 8573 of 1929

Declared that all communicable diseases shall be reported to the nearest health station

3. RA. 1897 of 1957

Creation of RHU’s staffed with technical personnel including nurses

4. R.A 4073

Liberalization of Leprosy treatment

Persons afflicted with leprosy are no longer required to live in a leprosarium, provided they shall be treated.

5. PD 996

Compulsory immunization for children

6. PD 965

Requires that couples intending to be married must undergo Family Planning

7. PD 856

Code of Sanitation

Provide for control of all factors in man’s environment that affect health

8. R.A 8344

Emergency law

Health care shall be cared first before determine the capacity to pay

9. PD 651

Decrease registration of birth of a child within 30 days from birth with the civil registration

10. R.A 9262

Anti-violence against women and their children act of 2204

11. R.A 7874

National Health Insurance of 1995

12. PD 1519

Medicare benefits to all government employees regardless of status of employment. An 8423

Traditional and Alternative Medicine Act of 1997

13. PD 1636

Requiring the compulsory member in GSIS/SSS retirement fund

14. PRC Resolution No. 2003-153

Amending deadline of filing of application from 20-30 days in regional offices

15. PRC Resolution No. 2003-159

Applicants must submit certificates of live birth printed on NSO security paper

16. BON Resolution No 08

Special training on IV Therapy

17. PRC Resolution No. 2004-17 s. 2004

Re-implementation CPE for 3 years

18. R.A 7170

Organ donation Act of 1991

19. R.A 8505

Rape Victim Assistance and Protection act

20. R.A 7305

Magna Carta of Public Health Workers

21. R.A 6713

Code of conduct and ethical standards for Public officials and employment.