This document discusses various legal aspects relevant to nursing practice in the Philippines. It begins by defining key legal terms like law, jurisprudence, and the different branches and kinds of law. It then explains criminal law and civil law in more detail. The document also outlines several Philippine laws, administrative orders, executive orders, and other legal documents pertaining to areas like health, family planning, immunization, and professional regulation that are applicable to nursing.
This document discusses the legal aspects of professional nursing practice. It begins by stating that nursing practice is governed by many legal concepts and knowledge of applicable laws is necessary to ensure safe decisions and protect nurses from liability. It then outlines several key areas of law relevant to nursing including constitutional law, statutory law, common law, tort law, and criminal law. The document also discusses how nursing practice is regulated through nurse practice acts, credentialing, and standards of care. It provides examples of selected legal aspects that nurses should be familiar with, such as informed consent, delegation, abuse/neglect, controlled substances and sexual harassment. Areas of potential nursing liability are also reviewed.
This document provides an overview of nursing codes of ethics, including their purpose and history. It discusses the International Council of Nurses, which was established in 1899 and has been a pioneer in developing nursing ethics codes. The first nursing ethics book was written in 1900. Nursing codes outline ethical standards and guidelines for nurses, inform the public of nursing standards, and provide direction for self-regulation. The document reviews the Code of Ethics for Filipino Nurses and the American Nurses Association Code of Ethics, noting updates made in 2001.
The Philippine Nursing Act of 2002 establishes the Professional Regulatory Board of Nursing to regulate the nursing profession. It aims to protect and improve nursing through relevant education, humane working conditions, career prospects, and dignified existence for nurses. The Act creates a 7-member Board of Nursing to administer the licensure examination, issue and revoke nursing licenses, set practice standards, and recognize nursing specialties. It also outlines nurse qualifications, licensing process, and scope of nursing practice to ensure quality nursing services nationwide.
Nurses face various legal issues and responsibilities in their work. They can be held personally liable for negligence in caring for patients, such as medication errors, failure to follow orders, or not monitoring patients properly, which could result in malpractice suits. Employers may also be held liable for employees' negligence. Nurses have a duty to obtain proper medical care for patients, secure informed consent, maintain privacy, and follow all relevant laws and standards of care. Documentation of all care provided is important to defend against any potential malpractice claims.
Laws guide nursing practice and protect both patients and nurses. Nurses must be aware of legal issues like negligence, malpractice, and documentation standards. Key areas of law that impact nursing include licensing requirements, scope of practice under nurse practice acts, and ensuring care meets standards of a reasonable healthcare provider. Proper documentation and informed consent are important to mitigate legal risks in nursing.
This document discusses various legal terms and concepts related to nursing practice and liability, including negligence, duty of care, harm, causation, standards of care, and torts. It provides examples of common causes of negligence claims such as medication errors, falls, burns, and failure to observe patients or notify doctors. The duties of nurses to properly supervise students and aides are also covered. Incident reporting and adherence to policies and procedures are emphasized for risk reduction.
This document discusses legal aspects in nursing. It defines key legal terms and describes different types of law including constitutional law, common law, and administrative law. It also covers different types of torts such as intentional torts, negligence, malpractice and professional standards nurses are held to like informed consent and documentation. The purpose of law in nursing is to protect patients, nurses and the public. Nurses have legal responsibilities as healthcare providers.
This document discusses legal issues related to nursing practice. It covers sources of laws at federal, state and local levels. Criminal and civil laws are described as well as tort law, including elements of professional negligence. Strategies to prevent incidents and standards of care are presented. Selected laws around informed consent, controlled substances, and good Samaritan laws are covered. The roles of nurse practice acts, licensing, and regulatory boards are explained. Standards of nursing practice from organizations like ANA are also summarized.
This document discusses the legal aspects of professional nursing practice. It begins by stating that nursing practice is governed by many legal concepts and knowledge of applicable laws is necessary to ensure safe decisions and protect nurses from liability. It then outlines several key areas of law relevant to nursing including constitutional law, statutory law, common law, tort law, and criminal law. The document also discusses how nursing practice is regulated through nurse practice acts, credentialing, and standards of care. It provides examples of selected legal aspects that nurses should be familiar with, such as informed consent, delegation, abuse/neglect, controlled substances and sexual harassment. Areas of potential nursing liability are also reviewed.
This document provides an overview of nursing codes of ethics, including their purpose and history. It discusses the International Council of Nurses, which was established in 1899 and has been a pioneer in developing nursing ethics codes. The first nursing ethics book was written in 1900. Nursing codes outline ethical standards and guidelines for nurses, inform the public of nursing standards, and provide direction for self-regulation. The document reviews the Code of Ethics for Filipino Nurses and the American Nurses Association Code of Ethics, noting updates made in 2001.
The Philippine Nursing Act of 2002 establishes the Professional Regulatory Board of Nursing to regulate the nursing profession. It aims to protect and improve nursing through relevant education, humane working conditions, career prospects, and dignified existence for nurses. The Act creates a 7-member Board of Nursing to administer the licensure examination, issue and revoke nursing licenses, set practice standards, and recognize nursing specialties. It also outlines nurse qualifications, licensing process, and scope of nursing practice to ensure quality nursing services nationwide.
Nurses face various legal issues and responsibilities in their work. They can be held personally liable for negligence in caring for patients, such as medication errors, failure to follow orders, or not monitoring patients properly, which could result in malpractice suits. Employers may also be held liable for employees' negligence. Nurses have a duty to obtain proper medical care for patients, secure informed consent, maintain privacy, and follow all relevant laws and standards of care. Documentation of all care provided is important to defend against any potential malpractice claims.
Laws guide nursing practice and protect both patients and nurses. Nurses must be aware of legal issues like negligence, malpractice, and documentation standards. Key areas of law that impact nursing include licensing requirements, scope of practice under nurse practice acts, and ensuring care meets standards of a reasonable healthcare provider. Proper documentation and informed consent are important to mitigate legal risks in nursing.
This document discusses various legal terms and concepts related to nursing practice and liability, including negligence, duty of care, harm, causation, standards of care, and torts. It provides examples of common causes of negligence claims such as medication errors, falls, burns, and failure to observe patients or notify doctors. The duties of nurses to properly supervise students and aides are also covered. Incident reporting and adherence to policies and procedures are emphasized for risk reduction.
This document discusses legal aspects in nursing. It defines key legal terms and describes different types of law including constitutional law, common law, and administrative law. It also covers different types of torts such as intentional torts, negligence, malpractice and professional standards nurses are held to like informed consent and documentation. The purpose of law in nursing is to protect patients, nurses and the public. Nurses have legal responsibilities as healthcare providers.
This document discusses legal issues related to nursing practice. It covers sources of laws at federal, state and local levels. Criminal and civil laws are described as well as tort law, including elements of professional negligence. Strategies to prevent incidents and standards of care are presented. Selected laws around informed consent, controlled substances, and good Samaritan laws are covered. The roles of nurse practice acts, licensing, and regulatory boards are explained. Standards of nursing practice from organizations like ANA are also summarized.
This document discusses several key aspects of nursing practice, including what constitutes a profession, qualifications for nursing licensure, and legal concepts related to nursing such as negligence, malpractice, and due process. Specifically, it outlines the qualifications one must have to sit for the nursing licensure exam in the Philippines, including completing an accredited nursing program and holding a bachelor's degree. It also reviews legal definitions and standards regarding negligence, the elements of malpractice, and defenses that can be used in negligence cases.
Legal Aspects in Nursing (NURSING ADMINISTRATION)home
This document provides an overview of legal aspects in nursing. It begins with general and specific objectives of understanding legal liabilities and issues nurses may face. It then introduces the importance of understanding law for nurses due to their multifaceted roles and responsibilities. Key sections explain the importance of law in nursing, legal liabilities including negligence, and common legal issues like invasion of privacy, assault, and malpractice. The document also discusses nursing negligence, restraints, defamation, and fraud. It concludes that understanding legal aspects is crucial for nurses to avoid liability, protect patients, and maintain standards of care.
This document discusses various topics related to law and the legal system. It defines law, classifies different types of law such as public law, private law, criminal law, and international law. It also discusses sources of law, different types of legal liability including administrative, civil, and criminal liability. Specific topics covered include litigation procedures, types of damages, expert witnesses, physician-patient privilege, and statute of limitations.
Nursing fundamentals covers nurses' rights and legal responsibilities. Nurses have rights that must be respected in the workplace. They also have important legal responsibilities to patients that could result in consequences if not properly followed. Overall, the document discusses the basic rights and obligations of nurses in their important roles as healthcare professionals.
1. Nurses can face both civil and criminal liability for negligence in nursing practice. Negligence is defined as failing to act as a reasonably prudent nurse. Common negligent acts include burns, leaving objects in patients, medication errors, and failure to observe patients.
2. Malpractice refers to improper nursing care with serious consequences. Nurses must follow legal requirements for medical orders, prescriptions, documentation, and supervision of students and aides.
3. Nurses can be liable for torts such as assault, battery, false imprisonment, and defamation committed against patients. To avoid criminal liability, nurses must understand the law, only accept responsibilities within their scope, and get clarification for any unclear
This document discusses the Philippine Nursing Act of 2002 (RA 9173) and the organization of the Board of Nursing. Key points:
- The Act aims to protect and improve the nursing profession through relevant education, better working conditions, career prospects, and dignified existence for nurses.
- The Board of Nursing is created to regulate the nursing profession. It is composed of a chairperson and six members appointed by the President of the Philippines.
- The Board's powers and duties include conducting licensure exams, issuing/revoking nursing certificates, monitoring nursing standards, and ensuring quality nursing education.
This document discusses nursing jurisprudence and patient rights. It outlines the patient's bill of rights which includes the right to considerate care, informed consent, privacy, and confidentiality. It also discusses the rights of dying persons such as maintaining hope, participating in decisions, and being free from pain. The rights of persons dying at home and nurses' bill of rights are presented as well with a focus on support, care needs and safe working conditions.
This document outlines various patient rights and ethics related to healthcare. It discusses the purpose of delineating patient rights to ensure ethical treatment. Some key rights mentioned include the right to informed consent, privacy, access medical records, file complaints, and continuity of care. It also discusses ethics principles like autonomy, beneficence, nonmaleficence, justice and various codes of ethics for healthcare professionals. Additionally, it provides an overview of the US Senate passed Patient's Bill of Rights that would ensure patients have rights like access to specialists and emergency care.
The document discusses several key concepts relating to ethics and morality. It defines ethics as involving standards of right and wrong that govern human conduct. Morality is derived from social consensus about moral behavior. The formation of one's conscience begins in childhood based on experiences with caregivers and influences moral development throughout life. Several theories on moral development are discussed, including Piaget's two-stage theory involving progression from fixed rules to relativism, and Kohlberg's six-stage model involving three levels of pre-conventional, conventional, and post-conventional morality. The document provides an overview of important ethical concepts.
The document discusses several key concepts in healthcare ethics including principles of ethical decision making (autonomy, beneficence, non-maleficence, etc.), approaches to ethical problem solving, and forces ensuring ethics will be important in management decision making. It provides definitions and discussions of concepts like paternalism, justice, veracity and models for ethical decision making. Professionalism in healthcare is said to require striving for excellence in altruism, accountability, excellence, duty, honor and integrity, and respect for others.
This document outlines the scope of nursing practice according to the Philippine Nursing Act of 2002. It defines nursing practice as initiating and performing nursing services to individuals, families, and communities in any health care setting. This includes nursing care from conception through old age. As independent practitioners, nurses are responsible for health promotion and illness prevention. As part of the health team, nurses collaborate with other providers for curative, preventive, and rehabilitative care. The duties of nurses include utilizing the nursing process, establishing community links, health education, teaching nursing students, research, and adhering to nursing ethics and standards of practice.
This document provides an overview of nursing research. It defines nursing research and discusses its purpose and goals which include generating knowledge to guide nursing practice and improve patient care. The document also discusses different types of research such as quantitative and qualitative research. It outlines various research approaches and models that can be used to promote evidence-based practice in nursing.
The Nurse's Bill of Rights outlines 10 rights that nurses should have in their practice and work environment. These include the rights to practice nursing according to professional standards and fulfill obligations to patients, work in a safe environment that supports ethical practice, advocate for patients without fear of retaliation, receive fair compensation, negotiate employment conditions, refuse unsafe assignments, and not be abused or exploited.
This document provides an overview of legal issues in nursing. It begins with an introduction to how the legal aspects of nursing impact patient care delivery and record keeping. It then covers the history of nursing laws and regulations from the American Civil War through the 1900s. Key terminology related to nursing law is defined. The different types of laws are described, including public laws like constitutional law and private laws like tort law. Legal rights, responsibilities, and types of liability for nurses are also outlined. Various legal issues nurses may face, such as negligence, malpractice, and intentional/unintentional torts are explained. Finally, examples of journal articles on related topics are provided.
The document discusses legal and regulatory issues related to nursing practice. It covers topics such as sources of law, criminal and civil law, tort law including malpractice, intentional torts, strategies to prevent incidents, standards of care, selected laws including nurse practice acts, licensure, boards of nursing, advance directives, HIPAA, and privacy versus confidentiality. The overall document provides an overview of the legal and regulatory framework that governs nursing practice.
The legal implications of nursing practice are tied to licensure, state and federal laws, scope of practice and a public expectation that nurses practice at a high professional standard. The nurse's education, license and nursing standard provide the framework by which nurses are expected to practice.
This document discusses legal issues related to nursing practice and malpractice. It begins by introducing different types of law like tort law and the components of malpractice. Negligence is discussed as a civil wrong that occurs when a nurse fails to competently perform duties, harming the patient. The elements of duty, breach, injury, and causation are explained. Nursing responsibilities to practice according to standards and obtain informed consent are also summarized.
The document outlines the Code of Ethics for Filipino Nurses as established by the Professional Regulation Commission and Board of Nursing. It discusses the importance of codes of ethics for professionals and establishes ethical principles for nurses in their practice, with patients and people, with co-workers, and in their responsibilities to society and the nursing profession. The code provides guidelines for nurses to maintain high ethical standards and prioritize patient care, rights, and welfare. It also describes the process for revising the code of ethics and penalties for violations.
The health care system and the nursing profession is expanding globally , there fore it is important for nurses to know the trends, issues and challenges in new millennium.
Nurses working in hospitals have important legal responsibilities when caring for patients. They are responsible for patient care but sometimes lack adequate knowledge about medical issues. Nurses need more training on legal topics through their curriculum and continuing education. Hospitals are complex environments where nurses must navigate diverse goals, employees, public demands, and authorities while dealing with life and death situations.
This document discusses various areas of law relevant to nursing practice, including jurisprudence on fault and negligence, criminal law, civil law, labor law, and administrative law. It defines key concepts like liability, legal doctrines, and different types of civil liability. It also covers different types of lawsuits that may occur in nursing such as criminal negligence, breach of contract, and tortious liability. Criminal offenses related to patient injuries or death are also addressed.
This document discusses various areas of law relevant to nursing practice, including jurisprudence on fault and negligence, criminal law, civil law, labor law, and administrative law. It defines key concepts like liability, legal doctrines, and different types of civil liability. It also covers different types of lawsuits that may occur in nursing such as criminal negligence, breach of contract, and tortious liability. Criminal offenses resulting in patient injuries or death are also addressed.
This document discusses several key aspects of nursing practice, including what constitutes a profession, qualifications for nursing licensure, and legal concepts related to nursing such as negligence, malpractice, and due process. Specifically, it outlines the qualifications one must have to sit for the nursing licensure exam in the Philippines, including completing an accredited nursing program and holding a bachelor's degree. It also reviews legal definitions and standards regarding negligence, the elements of malpractice, and defenses that can be used in negligence cases.
Legal Aspects in Nursing (NURSING ADMINISTRATION)home
This document provides an overview of legal aspects in nursing. It begins with general and specific objectives of understanding legal liabilities and issues nurses may face. It then introduces the importance of understanding law for nurses due to their multifaceted roles and responsibilities. Key sections explain the importance of law in nursing, legal liabilities including negligence, and common legal issues like invasion of privacy, assault, and malpractice. The document also discusses nursing negligence, restraints, defamation, and fraud. It concludes that understanding legal aspects is crucial for nurses to avoid liability, protect patients, and maintain standards of care.
This document discusses various topics related to law and the legal system. It defines law, classifies different types of law such as public law, private law, criminal law, and international law. It also discusses sources of law, different types of legal liability including administrative, civil, and criminal liability. Specific topics covered include litigation procedures, types of damages, expert witnesses, physician-patient privilege, and statute of limitations.
Nursing fundamentals covers nurses' rights and legal responsibilities. Nurses have rights that must be respected in the workplace. They also have important legal responsibilities to patients that could result in consequences if not properly followed. Overall, the document discusses the basic rights and obligations of nurses in their important roles as healthcare professionals.
1. Nurses can face both civil and criminal liability for negligence in nursing practice. Negligence is defined as failing to act as a reasonably prudent nurse. Common negligent acts include burns, leaving objects in patients, medication errors, and failure to observe patients.
2. Malpractice refers to improper nursing care with serious consequences. Nurses must follow legal requirements for medical orders, prescriptions, documentation, and supervision of students and aides.
3. Nurses can be liable for torts such as assault, battery, false imprisonment, and defamation committed against patients. To avoid criminal liability, nurses must understand the law, only accept responsibilities within their scope, and get clarification for any unclear
This document discusses the Philippine Nursing Act of 2002 (RA 9173) and the organization of the Board of Nursing. Key points:
- The Act aims to protect and improve the nursing profession through relevant education, better working conditions, career prospects, and dignified existence for nurses.
- The Board of Nursing is created to regulate the nursing profession. It is composed of a chairperson and six members appointed by the President of the Philippines.
- The Board's powers and duties include conducting licensure exams, issuing/revoking nursing certificates, monitoring nursing standards, and ensuring quality nursing education.
This document discusses nursing jurisprudence and patient rights. It outlines the patient's bill of rights which includes the right to considerate care, informed consent, privacy, and confidentiality. It also discusses the rights of dying persons such as maintaining hope, participating in decisions, and being free from pain. The rights of persons dying at home and nurses' bill of rights are presented as well with a focus on support, care needs and safe working conditions.
This document outlines various patient rights and ethics related to healthcare. It discusses the purpose of delineating patient rights to ensure ethical treatment. Some key rights mentioned include the right to informed consent, privacy, access medical records, file complaints, and continuity of care. It also discusses ethics principles like autonomy, beneficence, nonmaleficence, justice and various codes of ethics for healthcare professionals. Additionally, it provides an overview of the US Senate passed Patient's Bill of Rights that would ensure patients have rights like access to specialists and emergency care.
The document discusses several key concepts relating to ethics and morality. It defines ethics as involving standards of right and wrong that govern human conduct. Morality is derived from social consensus about moral behavior. The formation of one's conscience begins in childhood based on experiences with caregivers and influences moral development throughout life. Several theories on moral development are discussed, including Piaget's two-stage theory involving progression from fixed rules to relativism, and Kohlberg's six-stage model involving three levels of pre-conventional, conventional, and post-conventional morality. The document provides an overview of important ethical concepts.
The document discusses several key concepts in healthcare ethics including principles of ethical decision making (autonomy, beneficence, non-maleficence, etc.), approaches to ethical problem solving, and forces ensuring ethics will be important in management decision making. It provides definitions and discussions of concepts like paternalism, justice, veracity and models for ethical decision making. Professionalism in healthcare is said to require striving for excellence in altruism, accountability, excellence, duty, honor and integrity, and respect for others.
This document outlines the scope of nursing practice according to the Philippine Nursing Act of 2002. It defines nursing practice as initiating and performing nursing services to individuals, families, and communities in any health care setting. This includes nursing care from conception through old age. As independent practitioners, nurses are responsible for health promotion and illness prevention. As part of the health team, nurses collaborate with other providers for curative, preventive, and rehabilitative care. The duties of nurses include utilizing the nursing process, establishing community links, health education, teaching nursing students, research, and adhering to nursing ethics and standards of practice.
This document provides an overview of nursing research. It defines nursing research and discusses its purpose and goals which include generating knowledge to guide nursing practice and improve patient care. The document also discusses different types of research such as quantitative and qualitative research. It outlines various research approaches and models that can be used to promote evidence-based practice in nursing.
The Nurse's Bill of Rights outlines 10 rights that nurses should have in their practice and work environment. These include the rights to practice nursing according to professional standards and fulfill obligations to patients, work in a safe environment that supports ethical practice, advocate for patients without fear of retaliation, receive fair compensation, negotiate employment conditions, refuse unsafe assignments, and not be abused or exploited.
This document provides an overview of legal issues in nursing. It begins with an introduction to how the legal aspects of nursing impact patient care delivery and record keeping. It then covers the history of nursing laws and regulations from the American Civil War through the 1900s. Key terminology related to nursing law is defined. The different types of laws are described, including public laws like constitutional law and private laws like tort law. Legal rights, responsibilities, and types of liability for nurses are also outlined. Various legal issues nurses may face, such as negligence, malpractice, and intentional/unintentional torts are explained. Finally, examples of journal articles on related topics are provided.
The document discusses legal and regulatory issues related to nursing practice. It covers topics such as sources of law, criminal and civil law, tort law including malpractice, intentional torts, strategies to prevent incidents, standards of care, selected laws including nurse practice acts, licensure, boards of nursing, advance directives, HIPAA, and privacy versus confidentiality. The overall document provides an overview of the legal and regulatory framework that governs nursing practice.
The legal implications of nursing practice are tied to licensure, state and federal laws, scope of practice and a public expectation that nurses practice at a high professional standard. The nurse's education, license and nursing standard provide the framework by which nurses are expected to practice.
This document discusses legal issues related to nursing practice and malpractice. It begins by introducing different types of law like tort law and the components of malpractice. Negligence is discussed as a civil wrong that occurs when a nurse fails to competently perform duties, harming the patient. The elements of duty, breach, injury, and causation are explained. Nursing responsibilities to practice according to standards and obtain informed consent are also summarized.
The document outlines the Code of Ethics for Filipino Nurses as established by the Professional Regulation Commission and Board of Nursing. It discusses the importance of codes of ethics for professionals and establishes ethical principles for nurses in their practice, with patients and people, with co-workers, and in their responsibilities to society and the nursing profession. The code provides guidelines for nurses to maintain high ethical standards and prioritize patient care, rights, and welfare. It also describes the process for revising the code of ethics and penalties for violations.
The health care system and the nursing profession is expanding globally , there fore it is important for nurses to know the trends, issues and challenges in new millennium.
Nurses working in hospitals have important legal responsibilities when caring for patients. They are responsible for patient care but sometimes lack adequate knowledge about medical issues. Nurses need more training on legal topics through their curriculum and continuing education. Hospitals are complex environments where nurses must navigate diverse goals, employees, public demands, and authorities while dealing with life and death situations.
This document discusses various areas of law relevant to nursing practice, including jurisprudence on fault and negligence, criminal law, civil law, labor law, and administrative law. It defines key concepts like liability, legal doctrines, and different types of civil liability. It also covers different types of lawsuits that may occur in nursing such as criminal negligence, breach of contract, and tortious liability. Criminal offenses related to patient injuries or death are also addressed.
This document discusses various areas of law relevant to nursing practice, including jurisprudence on fault and negligence, criminal law, civil law, labor law, and administrative law. It defines key concepts like liability, legal doctrines, and different types of civil liability. It also covers different types of lawsuits that may occur in nursing such as criminal negligence, breach of contract, and tortious liability. Criminal offenses resulting in patient injuries or death are also addressed.
This document discusses the fundamentals of law, including definitions of law and ethics. It describes the differences between substantive and procedural law, as well as civil and criminal law. It also outlines the key purposes and functions of law in establishing standards, maintaining order, resolving disputes, and protecting rights and liberties. Additionally, it examines the sources of law including constitutions, legislatures, executives, judiciaries, administrative agencies, and international organizations. Finally, it summarizes Republic Act No. 9292, also known as the Electronics Engineering Law of 2004, which regulates the licensing and practice of electronics engineers and technicians in the Philippines.
The document outlines the topics that will be covered in a course on law and business law. It discusses the following key points:
1. The course will cover introduction to law, obligations, general provisions on contracts, and defective contracts.
2. Under the introduction, it defines law and discusses the sources and characteristics of law.
3. For obligations, it discusses the nature and effect of obligations according to their object or prestation.
4. For contracts, it discusses the elements, classification, forms, interpretation and defects of contracts.
This document outlines the course content for a law and business law course. It covers several parts: an introduction to law and business law defining key terms; obligations in general and the nature and effect of obligations; general provisions on contracts; and defective contracts. The introduction defines law and discusses sources of law and characteristics of business law. Obligations are discussed in terms of their essential requisites and effects. General provisions on contracts cover elements, stages, characteristics and classifications of contracts. Defective contracts discusses rescissible, voidable, unenforceable and void contracts.
The document discusses the sources of law. It identifies the key formal sources of law as legislation, judicial precedents, and treaties. Legislation includes acts passed by parliament and subordinate legislation. Judicial precedents refer to binding case law from superior courts. Material sources that influence legal development include customs, standards of justice, and juristic writings. Non-formal sources lack formal recognition but can still persuade, such as customs, equity, and public policy. Scholars have debated the terminology around "sources of law" and whether it refers to the authority, knowledge, causes, or organs of law.
The document provides an introduction to business law, including definitions of key concepts like law and legal systems. It outlines several major areas of law like contracts, torts, and property law. It also discusses sources of law such as legislation, judicial precedent, and customs. Business law regulates industry and commerce while promoting the rights of businesses. It has become more important with increasing globalization and complex modern business activities.
Basis of legal environment & court systemRajThakuri
The document discusses several key topics related to business law and the legal environment:
1) It defines law and discusses the meaning, nature, types, and importance of law. It also provides definitions of law from several sources.
2) It discusses the concept and importance of business law, as well as sources and definitions of business law.
3) It explains the importance of the legal environment for business and provides definitions of the legal environment.
4) It discusses the court system in Nepal, including the three tiers of courts and their jurisdictions and powers. It also discusses civil procedure.
5) It outlines relevant provisions in the Nepalese Constitution pertaining to business activities and economic policy.
This document discusses the sources and types of law. It notes that laws are formally established by the state, written down, and enforced by authorities to maintain order. There are two main types of law: public law, which aims to protect collective interests through laws like criminal and constitutional law; and private law, which governs relationships between individuals through contract and property law. The key sources of law are a country's constitution, legislation passed by governing bodies, and judicial precedents set through court decisions interpreting and applying the law.
Business Law-- Powerpoint Presentation.pptaserbeyene29
Business law regulates commercial activities and transactions between private parties. It consists of both public and private law issues. The document provides an overview of key concepts in business law, including:
- Definitions of law from different scholars and perspectives
- Main features of law such as generality, normativity, establishment in permanence, and intimacy with human behavior
- Differences between law and other social norms such as ethics or morality
- Main functions of law like maintaining order, regulating relationships, and protecting citizens
- Classifications of law into public vs private law, substantive vs procedural law, and civil vs criminal law
The document also discusses the hierarchy of laws in Ethiopia, where the highest law is the Constitution,
Meaning of Constitution
In broad sense, the term constitution
refers to that body of rules and principles
in accordance with which the powers of
sovereignty are regularly exercised.
It maybe defined as that written
instrument by which the fundamental
powers of the government are established,
limited, and defined and by which these
powers are distributed among the several
departments or branches for their safe
and useful exercise for the benefit of the
people. Nature and purpose or function of
constitution
the charter creating the government. It has the
status of a supreme or fundamental law as it
speaks for the entire people from whom it derives
its claim to obedience.
It is binding on all individual citizens and all
organs of the government.
It is the law to which other laws must conform
and in accordance with which all private rights
must be determined and all public authority
administered.
It is a test of the legality of all government
action, whether proceeding from the highest
official or lowest functionary.
This document provides an introduction to business law. It defines law and discusses its key features, including that law regulates human actions and is enforced by the state. It notes that people interact in various roles in society, such as landlord and tenant, and that law establishes rules of conduct for peaceful coexistence. The objectives of law are to ensure peace, order and socioeconomic justice. Law is dynamic and changes with circumstances. The document outlines different branches of law and sources of Indian business law. It discusses the functions and importance of business law, as well as types of business law such as contracts, intellectual property, and antitrust laws.
The document provides an overview of business law and ethics. It discusses key topics such as what law is, the functions of law, classifications of law, sources of business law including constitutions, statutes, case law, received laws, customary law, international law and more. It also covers the essential elements for a valid contract including agreement through offer and acceptance, capacity to contract, intention to create legal relations, consideration, lawful object and free consent. Specific types of contracts such as void, voidable, unenforceable and executed/executory contracts are defined. The formation of a valid contract and requirements for a valid offer and acceptance are also explained in detail.
The document provides an overview of business law and ethics. It discusses key topics such as what law is, the functions of law, classifications of law, sources of business law including constitutions, statutes, case law, received laws, customary law, international law and more. It also covers the essential elements for a valid contract including agreement through offer and acceptance, capacity to contract, intention to create legal relations, consideration, lawful object and free consent. Specific types of contracts such as void, voidable, unenforceable and executed/executory contracts are defined. The formation of a valid contract and requirements for a valid offer and acceptance are also explained in detail.
This document discusses various definitions and aspects of administrative law provided by different jurists. It begins by discussing Dicey's narrow definition of administrative law and then discusses broader definitions provided by Jennings, Wade and Phillips, and Jain and Jain. The document concludes that administrative law generally deals with the structure, powers, functions and limits of administrative authorities, as well as the procedures and methods of controlling them, including legal remedies. It also discusses reasons for the growth of administrative law and its objectives of limiting government power and protecting citizens.
The document discusses various topics related to legal systems and constitutions, including:
1. The definition of key concepts like law, rights, and morality.
2. Different schools of thought on law, such as positivism and the historical school.
3. Major legal systems like civil law, common law, and sharia law.
4. The sources and branches of law. It also discusses legal rights and how laws are applied.
5. The purpose and role of constitutions in establishing the structure and limits of government power. The constitution is considered the higher law of the land.
The document discusses the two primary sources of law - statutory law and case law. Statutory law includes constitutions, treaties, and statutes enacted by legislatures, while case law refers to decisions made by courts. It also discusses the classification of law by authority, source, and branches of government. The three branches of government - legislative, executive, and judicial - each promulgate different types of laws. Primary sources of law are official publications, while secondary sources are unofficial.
The document provides an overview of cerebrovascular disorders and stroke, including definitions, types, symptoms, diagnostic tests, treatment, and nursing management considerations. It covers topics such as ischemic and hemorrhagic stroke, transient ischemic attacks, increased intracranial pressure, and neurological assessment. The nursing process framework is also discussed for planning, implementing, and evaluating care for patients experiencing cerebrovascular events.
This document discusses several key concepts in nursing ethics including:
1. Nursing ethics examines how moral principles are applied in nursing care. Nurses are responsible for the care they provide.
2. Values define personal character while ethics examine how morals are applied socially. Virtues are moral excellences that align with God's nature, while values are principles individuals consider important.
3. Ethical theories discussed include utilitarianism, which aims to maximize well-being, deontology, which focuses on intentions over outcomes, and situation ethics, which emphasizes responding lovingly in each context. Approaches have strengths but also weaknesses in application.
The document discusses several cardiovascular conditions including aneurysms, peripheral arterial occlusive disease (PAOD), Buerger's disease, and Raynaud's disease.
For aneurysms, it describes the types (saccular and fusiform), risk factors, pathophysiology involving damage to artery walls, and potential assessments including CT scans.
PAOD is described as affecting peripheral arteries, especially in the legs. Risk factors include age, smoking, hypertension, and diabetes. Symptoms can include intermittent claudication relieved by rest. Diagnostic tests include Doppler ultrasound.
Buerger's disease primarily affects smokers and causes inflammation in medium arteries in the feet and legs. Raynaud's disease involves intense vas
This document discusses cardiovascular diseases and provides information on their assessment and management. It covers topics like angina pectoris, myocardial infarction, congestive heart failure, and hyperlipidemia. For angina, it describes the different types, symptoms, pathophysiology, diagnosis, and treatment including medications and lifestyle modifications. It also discusses assessing and managing acute coronary syndromes and MI, including complications. Nursing care plans are provided for MI focusing on pain management, circulation, oxygenation, and emotional support. Congestive heart failure and its pathophysiology, signs, diagnoses, and a nursing care plan are also outlined. The document concludes with a brief overview of hyperlipidemia causes.
This document discusses controlling and evaluation mechanisms in nursing management. It outlines the six steps of controlling as establishing performance standards, conducting job analyses, monitoring and measuring performance, comparing performance to standards, taking corrective action, and using preventative methods like coaching. Evaluation ensures quality of care, establishes comparisons, and promotes self-monitoring and improvement. Effective control focuses on critical factors, integrates with processes, gains employee acceptance, provides timely information economically, and is accurate and comprehensible. Performance appraisal is a key control process that evaluates employees against standards for compensation, career planning, feedback, training, and human resource planning. Establishing appropriate standards and effectively evaluating performance against those standards is essential for controlling in nursing management.
Cardiovascular emergencies discusses coronary artery disease, angina, acute coronary syndrome, and myocardial infarction. Coronary artery disease is caused by plaque buildup narrowing arteries and reducing blood flow to the heart. Angina is temporary chest pain due to inadequate oxygen to the heart muscle. Acute coronary syndrome is a complication of coronary artery disease due to lack of oxygen to the heart. Myocardial infarction refers to cell death in the heart muscle from prolonged lack of oxygen.
This document provides an overview of various leadership theories including:
1. Great Man theory which posits that great leaders are born, not made.
2. Trait theory which examines personality traits and characteristics that distinguish leaders.
3. Behavioural theories which emphasize observable behaviors rather than innate traits.
4. Situational theories propose the best leadership style depends on factors like the task and the followers' readiness level.
5. Relationship theories like transformational leadership focus on the connections between leaders and followers.
6. Additional theories discussed include servant leadership, emotional intelligence, and quantum/chaos theory.
This document discusses cerebrovascular disorders and stroke. It defines cerebrovascular disorders as any abnormality that disrupts the normal blood supply to the brain. Stroke is described as a sudden neurological event caused by disrupted blood flow. The two main types of stroke discussed are ischemic stroke and hemorrhagic stroke. Assessment, diagnostics, medical management, surgical options, and nursing management are summarized for patients experiencing a cerebrovascular event or stroke.
The document describes signs of stress including hearing voices and air molecules, talking to oneself, and craving unusual foods. It then discusses homeostasis and the body's response to stress, including physiological changes and potential health impacts of prolonged stress. Finally, it provides tips for managing stress through diet, exercise, relaxation, and maintaining a positive attitude.
The document summarizes the key components and functions of the cardiovascular system. It describes the heart's structure including the four chambers and valves that allow blood to pass through. It explains how blood flows through two circuits, passing from the heart to the lungs and throughout the body. It also outlines the types of blood vessels involved in circulation and their roles in transporting blood under pressure away from and toward the heart.
The document discusses concepts related to community and health. It defines community as a social group that interacts and shares common goals and interests within geographical boundaries. A healthy community has engaged members, effective leadership, and accessible health resources. Community types include rural, urban, and suburban. Development requires group cooperation and leadership guides the group according to its needs. Culture and religion influence individuals' health views and practices.
The document discusses the cardiovascular system and drugs that affect blood pressure. It covers the heart and circulation, factors that determine heart oxygen use and blood pressure, hypertension treatment approaches, and classes of antihypertensive drugs like diuretics, beta-blockers, calcium channel blockers, ACE inhibitors, vasodilators, and drugs that treat hypotension. It also briefly mentions cardiotonic drugs.
The document provides an overview of the cardiovascular system and drugs that affect it. It discusses the anatomy and physiology of the heart and circulation. It then explains different classes of drugs used to treat hypertension, arrhythmias, angina, hyperlipidemia, and blood clotting disorders. These include diuretics, beta-blockers, calcium channel blockers, ACE inhibitors, anticoagulants, and antiplatelet drugs.
The document outlines administrative actions and processes in nursing practice according to Philippine law. It discusses the types of administrative offenses nurses can commit, which are divided into grave, less grave, and light offenses. It also discusses prohibited acts, public accountabilities, due process rights, and duties of nurses as public servants according to the Code of Conduct for Public Officials.
This document discusses proper drug administration including the rights of patients, nursing process, assessment, planning, interventions, evaluation and calculations. It covers the key elements of patient education and outlines Clark's rule, Fried's rule and Young's rule for calculating pediatric dosages based on weight, age and age plus 12 respectively. Examples of converting between measurement systems and dosage calculations are also provided.
This document provides an overview of several common respiratory diseases and conditions, including their definitions, predisposing factors, clinical manifestations, nursing management, and medications. Some of the major topics covered include COPD, emphysema, chronic bronchitis, asthma, pulmonary embolism, cystic fibrosis, respiratory arrest, and pulmonary tuberculosis. Nursing interventions focus on airway clearance, breathing exercises, oxygen therapy, infection prevention, nutrition, and treating underlying causes.
The document discusses proper drug administration including the rights of patients, nursing process, assessment, planning, interventions, evaluation and calculations. It covers oral and parenteral drug administration, conversions between measurement systems, and formulas for calculating pediatric doses based on weight, age or other factors.
The document discusses several types of drugs used to treat respiratory conditions:
1. Antitussives suppress coughing through actions on the cough center of the brain and by decreasing respiration rate. Codeine is a common antitussive.
2. Decongestants relieve nasal congestion by constricting blood vessels through actions on adrenergic receptors. Pseudoephedrine, phenylephrine, and oxymetazoline are common decongestants.
3. Antihistamines block the actions of histamine to reduce allergic responses. First-generation antihistamines also have sedative effects while second-generation antihistamines do not.
4. Expectorants
বাংলাদেশের অর্থনৈতিক সমীক্ষা ২০২৪ [Bangladesh Economic Review 2024 Bangla.pdf] কম্পিউটার , ট্যাব ও স্মার্ট ফোন ভার্সন সহ সম্পূর্ণ বাংলা ই-বুক বা pdf বই " সুচিপত্র ...বুকমার্ক মেনু 🔖 ও হাইপার লিংক মেনু 📝👆 যুক্ত ..
আমাদের সবার জন্য খুব খুব গুরুত্বপূর্ণ একটি বই ..বিসিএস, ব্যাংক, ইউনিভার্সিটি ভর্তি ও যে কোন প্রতিযোগিতা মূলক পরীক্ষার জন্য এর খুব ইম্পরট্যান্ট একটি বিষয় ...তাছাড়া বাংলাদেশের সাম্প্রতিক যে কোন ডাটা বা তথ্য এই বইতে পাবেন ...
তাই একজন নাগরিক হিসাবে এই তথ্য গুলো আপনার জানা প্রয়োজন ...।
বিসিএস ও ব্যাংক এর লিখিত পরীক্ষা ...+এছাড়া মাধ্যমিক ও উচ্চমাধ্যমিকের স্টুডেন্টদের জন্য অনেক কাজে আসবে ...
LAND USE LAND COVER AND NDVI OF MIRZAPUR DISTRICT, UPRAHUL
This Dissertation explores the particular circumstances of Mirzapur, a region located in the
core of India. Mirzapur, with its varied terrains and abundant biodiversity, offers an optimal
environment for investigating the changes in vegetation cover dynamics. Our study utilizes
advanced technologies such as GIS (Geographic Information Systems) and Remote sensing to
analyze the transformations that have taken place over the course of a decade.
The complex relationship between human activities and the environment has been the focus
of extensive research and worry. As the global community grapples with swift urbanization,
population expansion, and economic progress, the effects on natural ecosystems are becoming
more evident. A crucial element of this impact is the alteration of vegetation cover, which plays a
significant role in maintaining the ecological equilibrium of our planet.Land serves as the foundation for all human activities and provides the necessary materials for
these activities. As the most crucial natural resource, its utilization by humans results in different
'Land uses,' which are determined by both human activities and the physical characteristics of the
land.
The utilization of land is impacted by human needs and environmental factors. In countries
like India, rapid population growth and the emphasis on extensive resource exploitation can lead
to significant land degradation, adversely affecting the region's land cover.
Therefore, human intervention has significantly influenced land use patterns over many
centuries, evolving its structure over time and space. In the present era, these changes have
accelerated due to factors such as agriculture and urbanization. Information regarding land use and
cover is essential for various planning and management tasks related to the Earth's surface,
providing crucial environmental data for scientific, resource management, policy purposes, and
diverse human activities.
Accurate understanding of land use and cover is imperative for the development planning
of any area. Consequently, a wide range of professionals, including earth system scientists, land
and water managers, and urban planners, are interested in obtaining data on land use and cover
changes, conversion trends, and other related patterns. The spatial dimensions of land use and
cover support policymakers and scientists in making well-informed decisions, as alterations in
these patterns indicate shifts in economic and social conditions. Monitoring such changes with the
help of Advanced technologies like Remote Sensing and Geographic Information Systems is
crucial for coordinated efforts across different administrative levels. Advanced technologies like
Remote Sensing and Geographic Information Systems
9
Changes in vegetation cover refer to variations in the distribution, composition, and overall
structure of plant communities across different temporal and spatial scales. These changes can
occur natural.
How to Setup Warehouse & Location in Odoo 17 InventoryCeline George
In this slide, we'll explore how to set up warehouses and locations in Odoo 17 Inventory. This will help us manage our stock effectively, track inventory levels, and streamline warehouse operations.
This document provides an overview of wound healing, its functions, stages, mechanisms, factors affecting it, and complications.
A wound is a break in the integrity of the skin or tissues, which may be associated with disruption of the structure and function.
Healing is the body’s response to injury in an attempt to restore normal structure and functions.
Healing can occur in two ways: Regeneration and Repair
There are 4 phases of wound healing: hemostasis, inflammation, proliferation, and remodeling. This document also describes the mechanism of wound healing. Factors that affect healing include infection, uncontrolled diabetes, poor nutrition, age, anemia, the presence of foreign bodies, etc.
Complications of wound healing like infection, hyperpigmentation of scar, contractures, and keloid formation.
This presentation was provided by Steph Pollock of The American Psychological Association’s Journals Program, and Damita Snow, of The American Society of Civil Engineers (ASCE), for the initial session of NISO's 2024 Training Series "DEIA in the Scholarly Landscape." Session One: 'Setting Expectations: a DEIA Primer,' was held June 6, 2024.
Beyond Degrees - Empowering the Workforce in the Context of Skills-First.pptxEduSkills OECD
Iván Bornacelly, Policy Analyst at the OECD Centre for Skills, OECD, presents at the webinar 'Tackling job market gaps with a skills-first approach' on 12 June 2024
How to Manage Your Lost Opportunities in Odoo 17 CRMCeline George
Odoo 17 CRM allows us to track why we lose sales opportunities with "Lost Reasons." This helps analyze our sales process and identify areas for improvement. Here's how to configure lost reasons in Odoo 17 CRM
ISO/IEC 27001, ISO/IEC 42001, and GDPR: Best Practices for Implementation and...PECB
Denis is a dynamic and results-driven Chief Information Officer (CIO) with a distinguished career spanning information systems analysis and technical project management. With a proven track record of spearheading the design and delivery of cutting-edge Information Management solutions, he has consistently elevated business operations, streamlined reporting functions, and maximized process efficiency.
Certified as an ISO/IEC 27001: Information Security Management Systems (ISMS) Lead Implementer, Data Protection Officer, and Cyber Risks Analyst, Denis brings a heightened focus on data security, privacy, and cyber resilience to every endeavor.
His expertise extends across a diverse spectrum of reporting, database, and web development applications, underpinned by an exceptional grasp of data storage and virtualization technologies. His proficiency in application testing, database administration, and data cleansing ensures seamless execution of complex projects.
What sets Denis apart is his comprehensive understanding of Business and Systems Analysis technologies, honed through involvement in all phases of the Software Development Lifecycle (SDLC). From meticulous requirements gathering to precise analysis, innovative design, rigorous development, thorough testing, and successful implementation, he has consistently delivered exceptional results.
Throughout his career, he has taken on multifaceted roles, from leading technical project management teams to owning solutions that drive operational excellence. His conscientious and proactive approach is unwavering, whether he is working independently or collaboratively within a team. His ability to connect with colleagues on a personal level underscores his commitment to fostering a harmonious and productive workplace environment.
Date: May 29, 2024
Tags: Information Security, ISO/IEC 27001, ISO/IEC 42001, Artificial Intelligence, GDPR
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हिंदी वर्णमाला पीपीटी, hindi alphabet PPT presentation, hindi varnamala PPT, Hindi Varnamala pdf, हिंदी स्वर, हिंदी व्यंजन, sikhiye hindi varnmala, dr. mulla adam ali, hindi language and literature, hindi alphabet with drawing, hindi alphabet pdf, hindi varnamala for childrens, hindi language, hindi varnamala practice for kids, https://www.drmullaadamali.com
Strategies for Effective Upskilling is a presentation by Chinwendu Peace in a Your Skill Boost Masterclass organisation by the Excellence Foundation for South Sudan on 08th and 09th June 2024 from 1 PM to 3 PM on each day.
1. LEGAL ASPECTS OF NURSING Nelia B. Perez RN, MSN PCU – Mary Johnston College of Nursing BSN 2012
2. LAW Etymology : lex A set of rules established by a governing power to guide actions, regulate conduct of the people and impose sanctions for violation or non-compliance thereof. Obligatory upon the people because it commands the people to do right and prohibits them to do wrong.
3. Branches of Law Divine Law : promulgated by our Creator. Human Law * General / Public Law : includes international law and religious law * Individual or private law : consists of civil law, mercantile and procedural law.
4. Jurisprudence Etymology : juris (oral legal tradition and to functional applications of Law, to and in particular sets of facts ans circumstances); prudentia (one who behaves prudently or wisely because he has knowledge of the possible consequences of a particular action).
5. Jurisprudence (cont) Denotes or pertains to the judicial precedent or the course or established decisions of the Supreme Court.
7. Major Groups of Law Criminal laws Regulate public conduct and set out duties owed to society Civil laws Regulate relations between individuals or groups of individuals
8. Criminal Laws Legal action brought by the government against a defendant (person charged with committing a crime) …have penalties Imprisonment, fines, probation (placed under supervision) Divided into felonies and misdemeanors
9. Difference in criminal offenses FELONY Penalty is a term of more than one year in prison Murder, robbery, rape, possession with intent to distribute MISDEMEANOR Penalty is a prison term of one year or less Simple assault, minor theft, possession
10. Kinds of Laws - Criminal Duties to society Cases brought by gov. Types – Felony Summary Misdemeanor
11. “beyond a reasonable doubt” the standard of proof required in most criminal cases within an adversarial system Means that if a jury (or a judge in a bench trial) has ANY reasonable doubts about the defendant’s guilt – then it MUST vote not to convict
12. “preponderance of evidence” standard of proof that must be met by a plaintiff if he or she is to win a civil action The jury (or judge) needs only to decide if it is more likely than not that the plaintiff’s complaint is true. Lower requirement for proof – Why?
21. Civil Laws Civil action Lawsuit that can be brought by a plaintiff (person) who feels wronged or injured by another person Courts may award the injured person money for the loss or order the one who committed the wrong to make amends insome other way Automobile accident
22. Civil Laws Regulate many everyday situations Marriage Divorce Contracts Real estate Insurance Negligence
23. Kinds of Laws - Civil Regulates relations b/w individuals or groups Brought by people for injury by another person
28. General Divisions of Law Natural Law – an integral part of nature because it is immutable and inherent in the nature of man or every element or part of the universe. Positive Law – a precept made and imposed by someone in authority. * divisions - divine law - human law
29. Applicable laws and jurisprudence in nursing practice Constitutional Law is that branch of the science of laws which treats of the nature of constitutions, their adoptions and amendments, their construction and interpretation and of the validity of legal enactments as tested by the criterion of their conformity to the law of the land.
30. Kinds of Constitution Cumulative or evolved constitution is one that originates in customs, common law principles, decisions or courts, etc. Conventional constitution is an enacted constitution because it is deliberately passed by a representative body or a ruler.
31. Kinds of Constitution (cont) Written constitution is one where the provisions are embodied in one document or sets of documents while an unwritten constitution is one where most of the provisions are not in a single document but scattered in various sources such as customs and traditions, statutory enactments of a fundamental character, judicial decisions and certain common law principles.
32. Rigid constitution is one that can be amended only by a formal and usually difficult process, whereas a flexible constitution is one that can be changed by ordinary legislation. Kinds of Constitution (cont)
33. Criminal Law – the branch of law which defines crimes, treats of their nature and provides for their punishment. - Aptly described as the instrument of criminal policy for it is in criminal law that are found - it covers offenses resulting to injuries or death of the patients.
34. Prosecution of a criminal offense resulting to injuries… Nature Location Size, shape and incursion Color Number, and Other appearances
35. Re: Death of a patient.. Natural Suicide Homicide / murder / parricide Accident undetermined
36. Useful pieces of evidences for the criminal offenses Body Objects on or with the body Injuries sustained Tissues and body fluids Other medical evidence or findings
37. R.A. 3815 – otherwise known as Revised Penal Code (RPC) which was approved on December 8, 1930 which defines crimes, treats of their nature and provides for their punishment.
38. Civil Law - the branch of Law that pertains to the organization of the family and the regulation of property. It has been defined as the mass of precepts which determine and regulate the relations of assistance, authority and obedience among the members of a family, and those which exist among members of a society for the protection of private interests.
39. R.A. 386, popularly known as the New Civil Code (NCC) or the Civil Code of the Philippines took effect on August 30, 1950 and covers the following aspects of human life; persons and family relations, property rights and ownership, the modes of acquiring ownership, obligations and contracts and special contracts. One important amendment to this code is EO 209, the Family Code, amending its provisions on marriage and family relations.
40. Labor Law is that branch of Law that governs and regulates the relationship of employers and employees. Broadly called “labor legislation” , it consists of statutes, regulations and jurisprudence governing the relations between capital and labor, by providing for certain employment standards and legal framework for negotiating, adjusting and administering those standards and other incidents of employment.
41. Labor Law (CONT) Labor Standards Law – “that which sets out the minimum terms, conditions and benefits of employment must provide or comply with and to which employees are entitled as a matter of right. Labor Relations Law – defines the status, rights and duties and the institutional mechanisms, that govern the individual and collective interactions of employers, employees or their representatives.
42. Labor Code Promulgated as P.D. No 442 on May 1 1974 and took effect on November 1, 1974 except portions on Book IV whose effectivity was deferred to January 1, 1976 by P.D. No. 608.
43. Administrative Law is that branch of law which deals with the activities or functions of executive or administrative agencies such as the “departments”, bureaus, boards or commission or all other offices under the administrative supervision of the office of the President, which are created and vested by Law with qusi-judicial, quasi-legislative and executive powers.
44. Administrative Law (cont) Executive Order No. 292 is the principal law in the study of administrative laws in the Philippines and was promulgated by then President Corazon Aquino dated July 25, 1987, otherwise known as the “Administrative Code of 1987”, which incorporated in a single document the major structural, functional and procedural guidelines of governance.
45. Administrative Law (cont) Professional Regulation Commission (PRC) Three main functions Executive Quasi-judicial Quasi-legislative
46. Functions of the PRC To investigate and decide cases against erring examinees and professionals; To formulate and promulgate policies and guidelines on administrative investigation and professional regulations. To implement the laws, regulatory policies and standards; and To maintain and promote professional and occupational standards and ethics.
47. Civil Service Law is that branch of law which deals with the civil service in all branches, subdivisions, instrumentalities and agencies of the government including government-owned or controlled corporations with an original charter.
48. Civil Service Law (cont) Primary purpose is to establish and maintain a merit system in the selection of public officers and employees without regard to sex, color, social status or political affiliation. General purpose is to ensure and promote the constitutional mandate regarding appointments, particularly according to the merit and progressive system of personnel administration to ensure the maintenance of an honest, efficient, progressive and courteous civil service in the Philippines.
49. Civil Service Commission P.D. No. 110 dated January 26, 1973, created the Civil Service Commission (CSC), replacing the CSC established under R.A. no 2260. repealed by PD No. 807 otherwise known as the Civil Service Decree of the Philippines, which was superceded by Subtitle A, Title I, Book V of E.O. No 292, the Administrative Code of 1987, E.O. No 292, which codified the major structural, functional and procedural principles of governance, is the basic legal document in the study of civil service law.
50. Case is that body of the prevailing jurisprudence or decisions of the Supreme Court interpreting the laws or the Constitution or applying them to certain sets of facts or actual cases and controversies.
52. Definition 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.
53. A tort in common law is defined as a civil wrong that involves a breach of civil duty owed to someone else. This is in exception to contractual duty.
54. A tort is similar to crime but crimes involve breach of duties toward the society in general. The aggrieved party who has been injured due to a tort may bring a lawsuit.
55. One who commits a tort is called tortfeasor. A person who suffers a tortuous act is entitled to receive damages, usually monetary compensation, from the person or people responsible or liable for those injuries.
56. Tort law defines what a legal injury is and therefore, a person may be held for an injury that was caused.
57. Legal injuries are not limited to physical injuries. They may also include emotional, economic, or reputational injuries as well as violations of privacy, liability.
58. For defective consumer products, copyright infringement and environmental pollution among many others.
59. In the law world, the most prominent tort liability is negligence.
60. If the injured party can prove that the person believed to have caused the injury acted negligently. That is without taking a reasonable care to avoid injuring others- tort law will allow compensation.
61. Torts are categorized into negligence torts, intentional torts and standard torts. Negligence torts: The standard action in tort is negligence. The tort of negligence provides a cause of action leading to damages, to belief, in each case designed to protect legal rights, including those of personal safety, property and in some cases, intangible economic interests.
62. Intentional torts: include those torts arising from the occupation or use of land. The torts of nuisance, trespass, etc come under this category. Intentional torts also include false imprisonment.
63. The tort of illegally arresting or detaining someone and defamation, broadcasting false information damaging the plaintiff’s reputation.
64. Statutory torts: Statutory torts are like any other, expect for the fact that these have been enacted by the legislature and not by courts.
66. The burden to prove a tort vests with the plaintiff. It is his duty to prove the defendant’s negligent tort or intentional tort.
67. The plaintiff owns a duty of care. A duty of care is a relationship which exists between a plaintiff and the defendant.
68. There must be a breach of that duty and the plaintiff suffered damages as a result of that breach.
69. The defendant has to take proper care not to damage or cause injury to the property, emotion, reputation and to the person himself. And lastly, the damage must be significant and not remote.
70. Nuisance: Legally, the term nuisance is used in three ways, to describe an activity or condition that is harmful or annoying to others.
71. To describe the harm caused by the before mentioned activity or condition and to describe a legal liability that arises from the combination of the two. Defamation: Defamation is tarnishing the reputation of someone. They are of two types. One is slander and the other is libel. Slander is spoken defamation and libel is printed or broadcast defamation.
72. Examples Assault and Battery. Assault is the imminent threat of a harmful or offensive bodily contact. Battery is an intentional, unconsented touching of another person.
73. False Imprisonment or Illegal Detention. It means that the unjustifiable detention of a person without legal warrant within boundaries fixed by the defendant by an act or violation of duty intended to result in such confinement.
74. Defamation. Slander is oral defamation of a person by speaking unprivileged or false words by which his reputation is damaged.
75. Libel is defamation by written words, cartoons or such representations that cause a person to be avoided, ridiculed, or held in contempt or to tend to injure him in his work
77. 1. PD 48 – four (4) children with paid maternity leave privilege 2. PD 69 – four (4) children for personal tax exemption 3. PD 79 – Revised the Population Act; Defines the objectives, duties and functions of POPCOM 4. PD 223 – Creation of Professional Regulation Commission (PRC) in 1973
78. 5. PD 442 – New Labor code 6. PD 491 – Nutrition program 7. PD 541 – Former Filipino professionals allowed to practice their respective professions in the Philippines 8. PD 568 – Role of Public health midwives expanded under the RHCDS; Restructuring of the Philippine Health Care DeliverySystem; Deployment of midwives to improve rural situation (1 PHMid = 5,000 pop.; 1 PHNurse = 10,000 pop;1 RHPhysician = 20,000 pop)
79. 9. PD 603 – Child and Youth Welfare Code 10. PD 628 – Employee Compensation & State Insurance Fund 11. PD 651 – Birth registration following delivery (all health workers shall identify and encourage the registration of all birthswithin 30 days following delivery) 12. PD 825 – Anti- improper garbage disposal (provides penalty for improper disposal of garbage)
80. 13. PD 851 – 13th month pay 14. PD 856 – Code of Sanitation – provides for the control of all factors in man’s environment that affect health including thequality of water, food, milk, control of insects, animal carriers, transmitters of diseases, sanitary and recreation facilities, noise,pollution, unpleasant odors and control of nuisance. 15. PD 965 – Family Planning and responsible parenthood instructions prior to issuance of marriage license 16. PD 996 September 16, 1976 – Compulsory immunization for all children below eight (8) years old against six (6)immunizable diseases
81. 17. PD 1063 – Muslim Holidays 18. PD 1204 – Amends PD # 79B. ADMINISTRATIVE ORDERS1. A.O. No. 114 s. 1991 – Revised/updated the roles and functions of the Municipal Health Officers, Public Health Nurses and Rural Health Midwives
82. 19. Dept. Circular Order No. 75 – Reinstitution of Tetanus Toxoid among Pregnant Women 20. Min. Circ. No. 2 s. 1986 – Includes AIDS as a notifiable disease
83. D. EXECUTIVE ORDERS EO 51 – Milk Code 2. EO 85 – Integration of Public Health and Hospital Services 21. EO 119 – Reorganization of Department of Health 22. EO 180 – Guidelines on the right to organize of government employees
84. 5. EO 203 – List of regular holidays & special days 6. EO 209 – Family Code of the Philippines (amended by RA 6609) 7. EO 226 - Command Responsibility 8. EO 503 – Provides for the Rule and Regulation Implementing the Transfer of Personnel Assets, Liabilities and Records of National Government
85. E. HOUSE BILLS 1. HB # 16 – Two-Child Policy 2. HB # 3773 – Responsible Parenthood and Population Movement Act
86. F. PRESIDENTIAL PROCLAMATIONS / PRONOUNCEMENTS 1. Proc. # 4 – Philippine Measles Elimination Campaign – Declaring the period of September 16 – October 14, 1998 as the“LigtasTigdas Month” 2. Proc. # 6 April 3, 1986 – United Nations - Universal Goal on Child Immunization by 1990 3. Proc. # 46 September 16, 1992 – Reaffirming the commitment of the Philippines to the Universal Child and MotherImmunization Goal of the World Health Assembly
87. 4. Proc. # 118 – Professional regulation Week – June 16-22 5. Proc. # 539 - Nurse week – every last week of October 6. Proc. # 1275 - Midwifery week – every third week of October 7. Proc. # 147 March 3, 1993 – Declares April 21 and May 19, 1993 and every 3rd Wednesday of January and February and thereafter for 2 years as National Immunization Days
88. 8. Proc. # 773 March 28, 1996 – Every 3rd Wednesday of April and May as the “Knock-out Polio Day” 9. Proc. # 1064 August 27, 1997 – Enjoining all sectors of society to participate in the Acute Flaccid Paralysis (AFP)surveillance component of polio eradication campaign 10. Proc. # 1066 – Declaring a National Neonatal Tetanus Elimination Campaign starting 1997
89. LETTERS OF INSTRUCTIONS 1. LOI # 149 October 19, 1979 - Adoption of Primary Health Care; Legal basis of primary health care 2. LOI #1000 – Members of accredited professional organizations given preference in hiring or attendance to seminars 3. ILO convention #149- Improvement of life and work conditions of nursing personnel (ILO Recommendation # 157)
90. H. REPUBLIC ACTS 1. RA 491 - Nutrition Law (July month) 2. RA 611 – MediCare – an employee becomes automatically a member; “Public office is a public trust” 3. RA. 1054 – Free emergency medical & dental attendance to employees/laborers of any commercial; industrial or agricultural establishments
91. 4. RA. 1080 – Civil Service eligibility for all degrees with licensure examinations 5. RA. 1082 – Creation of 1st Rural Health Act in 1953 - The employment of more physicians, dentists, nurses, midwives and sanitary inspectors who will live in the rural areas where they are assigned to help raise the health condition of the barrio people and thus help abate the still high incidence of preventable diseases in the country. It created the first 81 Rural HealthUnits. 6. RA. 1136 – Tuberculosis Law (August Month)
92. 7. RA. 1612 – Privilege Tax / Professional Tax 8. RA. 1891 – Strengthening Health and Dental services in the rural areas and providing funds thereto; amended RA 1082 9. RA. 2382 – Philippine Medical Act 10. RA. 3573 – Reporting communicable Disease (all communicable diseases should be reported to the nearest health stationand that any person maybe inoculated, administered or injected)
93. 11. RA. 4073 – Liberalized the treatment of Leprosy - Except where the patient requires institutional treatment, no persons afflicted with leprosy shall be confined in a leprosarium. The shall be treated in a government skin clinic, rural health unit or by a duly licensed physician (February – as Leprosy Month).
94. 12. RA. 4226 – Hospital licensure 13. RA. 5181 – Permanent residence & reciprocity qualifications for examinations/ registration 14. RA. 5901 – Working hours & compensation in agencies with 100 bed capacity 15. RA. 6365 – Established a National Policy on Population and Created the Commission of Population 16. RA. 6425 – Dangerous Drug Act – the sale, administration, delivery, distribution and transportation of prohibited drugs is punished by law. 17. RA. 6675 – Generics Act of 1988 – this promotes, requires and ensures the production of an adequate supply, distribution, use an acceptance of drugs and medicines identified by their generic names.
95. 18. RA. 6713 – Code of Conduct and Ethical Standards for Public Officials and Employees. This Code upholds a time-honored principle that public office is a public trust. It the policy of the state to promote high standards of ethics in public office of public officials and employees shall at all times be accountable to the people and shall discharge their duties with utmost responsibility, integrity, competence and loyalty, act with patriotism and justice, lead model lives and modest living and uphold public interest over personal interest.
96. 19. RA. 6715 – Senior Citizen Center for every Barangay 20. RA. 6725 – Prohibition on discrimination vs. women 21. RA. 6727 – Wage Rationalization 22. RA. 6758 – Salary Standardization of Government employees that includes nurses 23. RA. 6972 – Day Care Center in every BarangaY
97. 24. RA. 7160 – Local Government/Autonomy Code (the devolution of powers, functions and responsibility to the local government units) 25. RA. 7170 – Legacy of donation of all or part of a human body after death 26. RA. 7192 – Women in development & Nation Building
98. 27. RA. 7277 – Magna Carta for Disabled persons 28. RA. 7305 – Magna Carta for Public Health workers – this Act aims to promote and improve the socio-economic well-being of health workers, their living and working conditions and terms of employment; to developed their skills and capabilities in order that they will be more responsive and better equipped to deliver health project and programs; and to encourage those with proper qualifications and excellent abilities to join and remain in government service.
99. 29. RA. 7432 – Senior Citizen Benefits & Privileges 30. RA. 7600 – Rooming –In and Breast feeding Act of 1992 31. RA. 7610 – Anti-Child Abuse Law (Special Protection of Children against Child abuse, Exploitation & Discrimination) 32. RA. 7641 – New Retirement Law of employees in the Private Sector 33. RA. 7719 – National Blood Service Act of 1994
100. 34. RA. 7846 – Requires compulsory immunization against Hepatitis B among infants and below 8 years old 35. RA. 7875 – National Health Insurance Act of 1995 36. RA. 7876 – Senior Citizen Center for Every Barangay 37. RA. 7877 – Anti- sexual harassment Act of 199538. RA. 7883 – Barangay Health workers Benefits & Incentives Act of 1992
101. 39. RA. 8042 – Migrant workers & Overseas Filipinos Act of 1992 40. RA. 8172 – Asin Law / Iodize Salt Law 41. RA. 8187 – Maternity Leave Act of 1995 42. RA. 8282 – Social Security Law of 1997 (amended RA 1101) 43. RA. 8291 – Government Service Insurance System Act of 1997 (amended PD 1146) 44. RA. 8344 – Hospitals/ doctors to treat emergency cases referred for treatment 45. RA. 8353 – Anti-Rape Law 46. RA. 8423 – Traditional and Alternative Medicine Act of 1997 (“GamotnaMabisasaAbotKayangHalaga”)
102. 47. RA. 8424 – Personal Tax Exemptions 48. RA. 8479 – Clean Air Act 49. RA. 8504 – Philippine AIDS Prevention and Control Act of 1998 50. RA. 8972 – Nationwide Iodination Law 51. RA. 8976 – Food Fortification Act 52. RA. 8981 – PRC Modernization Act of 2000 53. RA. 9173 – The Nursing Act of 2002 54. RA. 9211 – No Smoking Act 55. RA. 9257 – Expanded Senior Citizen Act of 2003 56. RA. 9262 - Domestic Violence Act
103. BOARD OF NURSING RESOLUTIONS 1. BON # 557 Series 1988 – Code of Ethics 2. BON # 100 Series 1993 – Implementing Rules & Regulations of RA 7392 3. BON # 633 Series 1964 – ICN Code of ethics 4. BON # 1955 Series 1989 – PNA Code of Ethics 5. BON # 08 Series 1994 – Special Training on intravenous injections for the R.N.
104. 6. BON # 20 Series 1994 – Implementing Rules & Regulations of RA 7164 7. BON # 110 Series 1994 – Guide to Evaluate Compliance with Standards for Safe Nursing Practice
105. J. SALIENT ASPECTS IN THE 1987 CONSITUTION OF THE PHILIPPINES 1. Article II – Declaration of Principles & State Policies Sector 11 – Human Dignity and right 12 – Sanctity of family, equal protection of the life of the mother and the unborn from conception 13 – Role of the youth in nation building 15 – Right to health 16 – Right to a balanced & healthy ecology
106. 2. Article III – Bill of Rights Section 1 – Equal protection of laws & the due Process of Law 3 – Privacy of Communication and Correspondence 8 – Formation of unions, associations or societies 12 – To remain silent 6 have counsel when under investigation 14 – The accused person is presumed innocent until the contrary is proved
107. 3. Article IV – Citizenship Sector 3 – Philippine citizenship may be lost or re-acquired in the manner provide by law.
108. 4. Article XIII – Social Justice & Human RightsSector 3 – Right of all workers to self- organization, collective bargaining and negotiations and peaceful concerted activities. 11 – Priority for the needs of the under- privileged, sick, elderly, disabled, woman and children. 13 – Special agency for disabled persons 14 – Protection of working women
109. 5. Article XV – The Family Sector 1 – Filipino family as the foundation of the nation 2 – Marriage, as an inviolable social institution, is the foundation of the family 4 – The family has the duty to care for its elderly members
111. LEGAL BASES OF NURSING EDUCATORS, NURSING REGULATION AND NURSING PRACTICE
112. Nursing Education and nursing practice are constantly interacting while in the process of rapid change to adopt to the existing demands and condition of the health care delivery system. They are complimenting each other. The success of nursing practice rest upon a sound educational foundation of the nurse. The goal of nursing education is to prepare the nursing student for nursing practice.
113. Goal of nursing practice is to provide quality nursing service and improve nursing care. This is when nursing regulation comes into play. Everyone has a right to nursing education as a constitutionally guaranteed right.
114. Art. XIV, Sec. 1 of the 1987 Constitution To protect and promote the right of all citizen to quality education at all level and to take all appropriate steps to make such education accessible to all.
115. R.A. No. 9173 – Nursing Law Aims to provide a sound general and professional foundation for the practice of nursing through quality nursing education. The first policy encourages nursing schools and colleges to implement some standards for admission, qualifying exams for 3rd year level promotion and quality part indices for the continuance of nursing student in their respective nursing degree programs to ensure the quality of their nursing graduates.
116. R.A. No, 9173 – Nursing Law (cont) The 2nd policy – total quality education can only be achieved when the government makes it accessible to all who are fit and prepared for it. Uplift standard of nursing education for this country to produce quality nursing graduates and ultimately globally competitive Filipino Nurses. Not to discriminate against student where spirits are willing but in intellectual, they are wanting. Every Filipino has the right to education however; every Filipino has the responsibility to know his limitation and to change the course for which he is suited.
117. A. NURSING EDUCATION R.A. 7164 Required a certification by the school that the applicant belong to the upper 40% of the graduating class, as a general requirement to the nursing degree course. R.A. 9173 > deletion of said admission requirement > one high school performance is not an accurate basis for college admission and students’ mental competence and psychological preparedness for college education. > More nursing students because more graduating students will be eligible to enroll in nursing degree program and more nursing schools will be opened and offer the degree of BSN.
118. NURSING EDUCATION (Cont) R.A. 7722 – CHED Provide standard or minimum requirement for the operation and regulation of educational institution offering tertiary courses such as BSN.
119.
120. Created through R.A. 7722, May 18, 1994CHED Memo Circular No. 30, s. 2001 Updated policies and standards for nursing education. New policy directing the CHED to regulate the establishment and operation of review center.
121. CHED Policy on Nursing schools and colleges Nurses are needed in every part of the world, with the tremendous global demand, nursing schools and colleges are sprouting everywhere like mushrooms. Authority to open and close nursing schools / colleges
122. CMO No. 30 The authorization to open a nursing school shall be based upon: 1. written recommendation of BON, PRC and NSA (National Student Affiliation), DOH 2. approval of CHED The power of BON as to authorization of opening or closing nursing schools is recommendatory pursuant to COM No. 30 and RA 9173.
127. 5 years of competent teaching and supervisory experience in college or institute of nursing.
128.
129. C. NURSING REGULATION Professional Regulatory Board of Nursing * created under new nursing law (RA 9173) * Primary agency responsible for the regulation of the admission, registration and practice of nursing profession in the Philippines. * Composition of BON * one Chairperson * Six Members * Appointed by the President of the Philippines
130. Qualification of Chairperson and Members of BON Representative of 3 areas of nursing (education, service and community health nursing) Natural born citizen and resident of the Philippines. Member of good standing accredited professional organization of nurses. Registered nurses and holder of Master’s Degree 10 years of continuous practice of the profession prior to appointment No conviction of any offense involving sound turpitude.
134. Definition It refers to the commission or omission of an act, pursuant to a duty, that a reasonably prudent person in the same or similar circumstances would or would not do, and acting or the non-acting of which is the proximate cause of injury to another person or his property.
135. Civil Code, Article 19 One shall act with justice, give every man his due, observe honesty and good faith.
136. Civil Code, Article 20 Those who, in the performance of their obligations through negligence cause any injury to another, are liable for damages.
137. Common Acts of Negligence Burns Objects left inside the patient’s body Falls of elderly Falls of children Failure to observe and take appropriate action as needed
138. Specific Examples Failure to report observations to attending physicians Failure to exercise the degree of diligence which the circumstances of the particular case demands Mistaken identity Wrong medicine, wrong concentration, wrong route, wrong dose
139. Conditions for Res ipsaloquitor That the injury was of such nature that it would normally occur unless there was a negligent act on the part of someone That the injury was caused by an agency within control of the defendant That the plaintiff himself did not engage in any manner that would tend to bring about the injury
141. Definition Implies the idea of improper or unskillful care of a patient by a nurse Denotes stepping beyond one’s authority with serious consequences Is a term for negligence or carelessness of professional personnel Refers to a negligent act committed in the course of professional performance (1962)
143. RA 6675 Only validly registered medical, dental and veterinary practitioners, whether in private institution, corporation or in the government, are authorized to prescribed drugs.
144. RA 5921 (PHARMACY ACT) All prescriptions must contain the following information: Name of the prescriber Office address professional registration number Professional tax receipt number Patient’s/client’s name, age , sex Date of prescription.
145. RA 6675 Requires that the drug be written in their generic names. Only when these orders are legal writing and bear the doctor’s signature thus the nurse have the legal right to follow them The nurse must not execute an order if she is reasonably certain it will result in harm to the patient.
146. INTRAVENOUS THERAPY AND LEGAL IMPLICATIONS Philippine nursing act of 1991 section 28 “ in the administration of intravenous injections, special training shall be required according to protocol established”. Basis of nurses legal right to give IV injection. Board of nursing resolution no. 8 states that any registered nurse without such training and who administers IV injections to patients should be held liable, either criminally or administratively or both.
147. TELEPHONE ORDERS Only in an extreme emergency and when no other resident or intern is available should a nurse receive telephone orders. The nurse should read back such order to the physician to make certain the order has been correctly written. Such order should be sign by the physician on his next visit within 24 hours.
148. MEDICAL RECORDS Supplies rich material for medical and nursing research Serves as a legal protection for the hospital, doctor, and nurse by reflecting the disease or condition of the patient and his management. “if it was not charted, it was not observed or done”.
149. CONTINUATION.. Nurses are expected to record fully, accurately, legibly and promptly their observations from admission to the time of the patient’s discharge. Nurses are legally and ethically bound to protect the patient’s chart from unauthorized person.
150. CHARTING DONE BY STUDENT NURSES When a nurse or clinical instructor counter signs the charting of the nursing student, he/she has personal knowledge of information and that such is accurate and authentic. Anyone who countersigns without verification commits herself to possible legal risks.
151. Liabilities of nurses for the work of nursing aides Nurses should not delegate their functions to nursing aides since the Philippine nursing act specifies the scope of nursing practice of professional nurses. Nurses are enjoined to supervise their subordinates and see to it that they perform only those which they been taught to do and those which they are capable of doing.
152. Nursing aids are responsible for their actions. Nurses should not delegate their functions to nursing aides. Nursing aides perform selected nursing activities under the direct supervision of nurses.
153. LIABILITY FOR THE WORK OF NURSING STUDENTS RA 9173 – nursing students do not perform professional nursing duties. Nursing students should be under supervision of their clinical instructors. In order that the errors committed by nursing students will be avoided or minimized, the following measures should be taken: Nursing students should always be under supervision of their clinical instructors.
154. They should be given assignments that are their level of training experience and competency. They should be advised to seek guidance if they are performing a procedure for the first time. They should be oriented to the policies where they are assigned. Their performance should be assessed frequently to determine their strength and weaknesses.
156. Crime defined It is an act committed or omitted in violation of the law. It is composed of two elements: (1) criminal act and (2) evil/criminal intent
157. Conspiracy to commit a crime A conspiracy to commit a crime exists when two or more persons agree to commit a felony and decide to do it.
158. Criminal Liability nurse may incur criminal liability or subject herself to criminal prosecution either by committing a felony or by performing an act which would be an offense against person or property.
159. Ignorance of the law is not an excuse for failure to comply therewith. Violators of the criminal law cannot escape punishment on the ground of ignorance of the law
160. Circumstances affecting criminal liability Justifying circumstances Exempting circumstances - an imbecile or insane person, unless the latter has acted during a lucid interval. -below 9 years old -over 9 years of age and under fifteen unless he/she acted with discernment
161. - causes an injury which is merely an accident without fault or intention or causing it -acts under the compulsion of an irresistible force -acts under the impulse of an uncontrollable fear of an equal or greater injury
162. 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 degree of moral culpability.
163. Aggravating circumstances Are those attending the commission of crime and which increase the criminal liability of the offender or make his guilt or more severe. Some of the ff circumstances: When the offender takes advantages of his public position. When the crime is commited in place of worship When the act is committed with evident premeditation or after an unlawful entry.
164. Alternative circumstances -are those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and other conditions attending in commission. Should be taken consideration when the offended party is the spouse, ascendant or descendant, legitimate, natural or adopted or relatives.
165. Points in order to avoid criminal liability: 1. Be very familiar with the Philippine nursing law. 2. Beware of laws that affecting nursing practice 3. At the start of employment, get a copy of your job description, the agency’s rules, regulations and policies. 4. Upgrade you skills and competence
166. 5. Accept only such responsibility that is within the scope of your employment and your job description. 6. Do not delegate your responsibilities to others. 7. Determine whether your subordinates are competent in the work you are assigning them. 8. Develop good interpersonal relationships with your co-workers, whether they be your supervisors, peers or subordinates.
167. 9. Consult your superior for problems that maybe 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 conditions 12. Keep in mind the values and necessity of keeping accurate and adequate records 13. Patients are entitled to an informed consent.
168. Examples liabilities of Nursing: Liability for injury to patient Liability for sponge left in the patient’s abdomen Liability for a safety pin left in patient’s abdomen Liability for defective equipment Liability for death for patient who jump from window of his room
169. Liability for negligence of surgical nurse Liability for rapture of surgical wound. Liability for burns for suffered by patient Liability for burns from hot water bags Liability for negligence of nurse employees Liability fro death of infant resulting from injection of digitalis Liability of nurse performing administrative work
170. Principals Are those who take a direct part in the execution of the act; who directly force or induce others to commit; or who cooperate in the commission of the offense by another act without which it would not have been accomplished.
171. Accomplices Are those persons who, not being principals, cooperate in the execution in the offense by previous or simultaneous act.
172. Accessories Are those who, having knowledge of the commission of the crime, either as principals or accomplices, take part in the subsequent to its commission by profiting themselves or assisting the offender to profit from the effects of the crime.
174. Misdemeanor Is a general name for a criminal offense which does not in law amount to felony.
175. Felony Is a public offense for which a convicted person is liable to be sentenced to death or to be imprisoned in a penitentiary or prison. Is committed with deceit and fault.
176. Criminal negligence Reckless imprudence – when a person does an act or fails to do it voluntarily but without malice, from which material damage results immediately. Simple imprudence means that the person or nurse did not use precaution and damage was not immediate or the impending danger was not evident or manifest.
177. Criminal intent Is the state of mind of a person at the time the criminal act is committed. Two elements of deliberate intent: freedom and intelligence
178. Lawsuits Actions brought to the court or tribunal. Any action, complaint, charge, case or legal proceeding brought before the court of law, tribunal or quasi-judicial body, in which the party commencing the case seeks a legal remedy. It is initiated by any person who is called the plaintiff in civil action or the complainant in other lawsuits, against another who is called the defendant in civil actions or the respondent in administrative case or the accused in criminal case.
179. Lawsuits (cont) Three (3) basic lawsuits are civil, criminal and administrative. The parties in a lawsuit: a. Civil actions, the plaintiff against the defendant. b. Criminal Actions , the people against the accused. c. Administrative cases, the complainant against respondent.
180. Liability An obligation or duty which is owed by one person to another to refrain from some course or conduct injurious to the latter or to perform some act or to do something for the benefit of the latter and for breach of which the law gives the remedy to the latter as damages, restitution, specific performance, and / or injunction.
181. Liability (cont) Simply the legal responsibility for acts or failure to act according to standards, protocols or policies of the hospital, resulting in another person’s injury or death. It means legal accountability or obligation to pay money, do or refrain to do something, and / or serve penalty as adjudged by the court or administrative body.
182. Legal Doctrine A framework, set of rules, procedural steps, or test, often established through precedent in the common law through which judgments can be determined in a given legal case or lawsuit. Generally accepted principle of law which is being used or applied in the resolution of cases, be it administrative, civil or criminal.
183. Kinds of Civil Liability Actual or compensatory damages pertain to losses that are actually sustained by the plaintiff. These are “such compensation or damages for an injury and will put the injured party in the position in which he was before he was injured. Moral Damages are awarded by reason of physical suffering, mental anguish, fright, serious anxiety, besmirched, reputation, wounded feelings, moral shock, social humiliation and similar injury.
184. Nominal damages are awarded for vindication or recognition of a legal right. Temperate or moderate damages are those damages which are more than nominal but less than compensatory damages which may be recovered when the court finds that some pecuniary loss has been suffered but its amount cannot, from the nature of the case, be proved with certainty.
185. Liquidated damages are those damages agreed upon by the parties to a contract, to be paid in case of breach thereof. Exemplary or corrective damages are those imposed by way of example or correction for the public good, in addition to the moral, temperate, liquidated or compensatory damages.
186. Lawsuits in Nursing Practice Felony - RPC Offense - special law Infraction - ordinance
187. Criminal Negligence, mala in se and mala prohibita Criminal Negligence – committed by means of faulty (culpa); deceit (dolo) (mala in se) and those which are punished by special law (mala prohibita).
188. Kinds of criminal negligence Reckless imprudence – doing or failing to do an act resulting to injuries or death due to an inexcusable lack of precaution. Simple imprudence - mere lack of precaution in a situation where threatened harm is not immediate or the impending danger is not openly visible or manifest.
189. Culpa Contractual (breach of Contract) – when a nurse is contractually obligated to perform a particular health service or intervention to a patient and he/she causes death or injuries to the latter. Culpa aquiliana a tortous liability which arises from the breach of a professional duty to any person fixed by the laws and such breach constitutes violation of a private legal right, not created by any contract.