ART

Being an art, deals with skills that require dexterity and proficiency systematic and well-defined body of knowledge which utilizes scientific methods and procedures in the application of nursing process primordial interest is man whether well or sick. t is involved in total quality patient care when giving the patient prescribed medication or treatments.

SCIENCE

Social Science

Primary focus is the individual’s response to health related problems

 a. Promote health  b. Prevent illness  c. Restore health and  d. To alleviate sufferings

“ an occupation or calling requiring advanced training and experience in some specific or specialized body of knowledge which provides service to society in that specific fields.”

Criteria of a Profession:
  


 

Must satisfy an indispensible social need and must be based upon well established and socially accepted scientific principle. It must demand adequate pre-professional and cultural training It must demand the possession of a body of specialized and systematized training It must give evidence of needed skills which the public does not possess; that is skills which are partly inherent and partly acquired It must have developed a scientific technique which is the result of tested experience It must require the exercise of discretion and judgment as to time and manner of performance of duty.

A professional nurse is a person who has completed a basic nursing education and is licensed on his/her country or state to practice professional nursing.
A CALLING which its MEMBERS profess to have acquired a UNIQUE body of knowledge &

CHARACTERISTICS OF A PROFESSION
Autonomy- independence and self-governace Authority- having an expertise/competent/highly advanced skills, knowledge or mastery not common to the general public  Accountability- being responsible to one’s own actions; liable in the consequences of its action
  

FOUR FOLD RESPONSIBILITY OF A NURSE
▪ ▪ ▪ ▪ ▪ Promotion of health Prevention of illness Alleviation of suffering Restoration of health Spiritual Health—holistic care

Article VI Section 28.  Scope of Nursing. - A person shall be deemed to be practicing nursing within the meaning of this Act when he/she singly or in collaboration with another, initiates and performs nursing services to individuals, families and communities in any health care setting. It includes, but not limited to, nursing care during conception, labor, delivery, infancy, childhood, toddler, preschool, school age, adolescence, adulthood, and old age.

As independent practitioners nurses are primarily responsible for the promotion of health and prevention of illness. A members of the health team, nurses shall collaborate with other health care providers for the curative, preventive, and rehabilitative aspects of care, restoration of health, alleviation of suffering, and when recovery is not possible, towards a peaceful death. It shall be the duty of the nurse to:

  

(a) Provide nursing care through the utilization of the nursing process. Nursing care includes, but not limited to, traditional and innovative approaches, therapeutic use of self, executing health care techniques and procedures, essential primary health care, comfort measures, health teachings, and administration of written prescription for treatment, therapies, oral topical and parenteral medications, internal examination during labor in the absence of antenatal bleeding and delivery. In case of suturing of perineal laceration, special training shall be provided according to protocol established; (b) establish linkages with community resources and coordination with the health team; (c) Provide health education to individuals, families and communities; d) Teach, guide and supervise students in nursing education programs including the administration of nursing services in varied settings such as hospitals and clinics; undertake consultation services; engage in such activities that require the utilization of knowledge and decision-making skills of a registered nurse; and (e) Undertake nursing and health human resource development training and research, which shall include, but not limited to, the development of advance nursing practice; Provided, That this section shall not apply to nursing students who perform nursing functions under the direct supervision of a qualified faculty: Provided, further, That in the practice of nursing in all settings, the nurse is duty-bound to observe the Code of Ethics for nurses and uphold the standards of safe nursing practice. The nurse is required to maintain competence by continual learning through continuing professional education to be provided by the accredited professional organization or any recognized professional nursing organization: Provided, finally, That the program and activity for the continuing professional education shall be submitted to and approved by the Board.

Professional Preparation
 Have a license to practice nursing in the country  Have a Bachelors Degree in Nursing  Physically and mentally fit

Personal Qualities and Professional Proficiencies  Interest and willingness to work and learn with individuals groups in a variety of settings  A warm personality and concern for people  Resourcefulness and creativity as well as a well balanced emotional condition  Capacity and ability to work cooperatively with others  Initiates to improve self and service  Competence in performing work through the use of nursing process  Skills in decision making, communicating and relating with others and being research oriented  Active participation in issue confronting nurse and nursing

Within the context of the Philippine society, nursing education with caring as its foundation, subscribes to the following core values which are vital components in the development of a professional nurse and are emphasized in the BSN program: 1.1 Love of God 1.2 Caring as the core of nursing a. Compassion b. Competence c. Confidence d. Conscience e. Commitment (commitment to a culture of excellence, discipline, integrity and professionalism) 1.3 Love of People

Key Areas of Responsibility for which the nurse should demonstrate competence:  1. Safe and quality nursing care  2. Management of resources and environment  3. Health education  4. Legal responsibility  5. Ethico-moral responsibility  6. Personal and professional development  7. Quality improvement  8. Research  9. Record Management  10. Communication  11. Collaboration and teamwork

  

Ethos - comes from Greek work w/c means character/culture Branch of Philosophy w/c determines right and wrong Moral personal/private interpretation from what is good and bad.

Ethical Principles

    

Autonomy – the right/freedom to decide (the patient has the right to refuse despite the explanation of the nurse) Example: surgery, or any procedure Nonmaleficence – the duty not to harm/cause harm or inflict harm to others (harm maybe physical, financial or social) Beneficence- for the goodness and welfare of the clients Justice – equality/fairness in terms of resources/personnel Veracity – the act of truthfulness (benevolent deception) Fidelity – faithfulness/loyalty to clients

       

Considerate and respectful care Relevant, current and understandable information Make decisions regarding his care plan Have advance directive (living will) Every consideration of his privacy Confidentiality of communications and records Review his records concerning his medical care Be informed of business relationship among the hospital educational institution  Consent or decline to participate experimental research affecting his care  Reasonable continuity of care when appropriate and be informed of other care options  Be informed of hospital polices and practices


Confidential information is also termed as privileged communication because it is given based on trust Confidential information may be revealed only when:

The patient himself or herself permits such revelation as in the case of claim of hospitalization, insurance benefits, among others  The case is of medico legal such as attempted suicide, gunshot wounds which will have to be reported to the local police or NBI or constabulary  The patient is ill of communicable disease  Given to the health team if information is relevant to his care

Living Wills or Advance Directives the patient designates a health care representative usually a member of the family, a friend or a family physician to make decision for him/her when he/she is unstable to make his/her own health care decision.

Moral Principles
1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

Golden Rule The Principle of Totality – The whole is greater than its parts Epikia – There is always an exemption to the rule One who acts through as agent is herself responsible – (instrument to the crime) No one is obliged to betray herself – You cannot betray yourself The end does not justify the means Defects of nature maybe corrected If one is willing to cooperate in the act, no justice is done to him A little more or a little less does not change the substance of an act. No one is held to impossible

Actual Duty is ones real duty in a given situation. It is an action one ought to choose from among many other actions. Prima Facie Duty is one that directs or commands what one ought to perform when other relevant factors are not taken into account.

     

Duty of FIDELITY Duty of REPARATION Duty of GRATITUDE Duty of JUSTICE Duty of BENEFICENCE Duty of SELF IMPROVEMENT Duty of NON MALIFICENCE

A nurse who renders first aid or treatment at the scene of an emergency and who does so within the standard of care, acting in good faith, is relieved of the consequences

Definition of Terms
    

Nursing Jurisprudence- embodies all the laws, rules, doctrines and principles, legal concerns, opinions and decision of competent authority regarding governance and regulation in relation with the practice of nursing Legislation- making of rules and principles Rights- inborn claim which a person is permitted to have, to do and receive from others within the parameters permitted by the law Court- body where disputes are settled and where you enforced your rights Writ- mandatory rule of action
   

        

Injunction- refrain from doing an act Preliminary injunction- pendency of the case during the hearing Final injunction- granted after the case is settled Process- means to compel defendant/witness to appear in court Warrant- order directed to a person to do an act giving him protection from damages when he does an act Search warrant- searching for material/personal property to be presented in the court Subpoena ad testificandum Subpoena duces tecum Summon – notice to a defendant/accused ordering him to appear in court to answer the complaint against him
      

Writ of Prohibition Writ of Mandamus Writ of Quo Warranto Writ of Habeas Corpus

Plaintiff- complaining party; used in civil cases Defendant- person charged of a crime Accuser- private party represented by the state; used in criminal cases Witness- has knowledge of the fact pertaining to the case; testify to the genuineness of the maker’s signature in an instrument Expert Witness- person who is qualified to testify based on special knowledge, skills, experience and training regarding to the case Damage Damages

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 


  

Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized. Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law. (2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding. Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances. Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights. Section 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law. Section 7. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law. Section 8. The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged. Section 9. Private property shall not be taken for public use without just compensation. Section 10. No law impairing the obligation of contracts shall be passed.

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 

Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty. Section 12. (1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel. (2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited. (3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him. (4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation to the rehabilitation of victims of torture or similar practices, and their families. Section 13. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required. Section 14. (1) No person shall be held to answer for a criminal offense without due process of law. (2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused: Provided, that he has been duly notified and his failure to appear is unjustifiable. Section 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion, when the public safety requires it.

    

 

Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies. Section 17. No person shall be compelled to be a witness against himself. Section 18. (1) No person shall be detained solely by reason of his political beliefs and aspirations. (2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted. Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua. (2) The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law. Section 20. No person shall be imprisoned for debt or non-payment of a poll tax. Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act. Section 22. No ex post facto law or bill of attainder shall be enacted.

An act providing for a more responsible Nursing Profession, repealing for the Proposed RA 9174 otherwise known as the “Philippine Act of 1991”

The State hereby guarantees the delivery of quality basic health services through an adequate nursing personnel system throughout the country. nursing care during conception, labor, delivery, infancy, childhood, toddler, preschool, school age, adolescence, adulthood, and old age. As independent practitioners, nurses are primarily responsible for the promotion of health and prevention of illness. A members of the health team, nurses shall collaborate with other health care providers for the curative, preventive, and rehabilitative aspects of care, restoration of health, alleviation of suffering, and when recovery is not possible, towards a peaceful death. Covers direct nursing care; linkages with the community health; teaching in nursing; nursing and health human resources


 

Professional Regulatory Board of Nursing composed of chairperson and six members. BON is appointed by the President of the Republic BON should be:
    

Natural born and resident of RP Member or with good standing APO RN with MA degree (majority has MA degree) 10 years of continuous practice Not have been convicted of any offense involving moral turpitude

  

Member of the BON shall represent nursing service, education, community health nursing BON should not be engage in supervision, teaching and review for BSN BON appointed is three years until, replacement is appointed Removal or Suspension of BON after due process due to neglect of duty or incompetence; irregularities in licensure exam; immortality, unprofessional and dishonest conduct

How to Pass the BOARD Exam?  Must obtain a general weighted average of at least seventy five percent (75%) no rating below sixty percent (60%) in any subject  REMEMBER: If an examinee obtains a general weighted average of 75% but has a rating below 60% in any or only subject, the examinee must take the examination again but only on the subject where he/she rated below 60%

FIELDS OF NURSING  Hospital or Institutional Nursing- comprises all the staff nurses or nursing personnel giving the basic component of comprehensive patient care and family health in the hospital or related health facilities  Public Health Nursing (Community Health Nursing)- the focus of nursing care is more on the health promotion and health prevention rather than care of the sick; it gives emphasis on the care of the family and community rather than individual basis  School Nursing- responsible for all school activities—monitoring growth and development, screening health problems concerning the school the health needs, environmental safety, health education and health promotion of school children  Occupational Health Nursing or Industrial Nursing- the practice give emphasis on the promotion, protection and supervision of worker’s health condition and the safety of his working environment  Maternal and Child Health Nursing- focus on the care and safeguards the health and safety of mothers and children  Nursing Education- pertains to nurses under teaching or administrative staff of school or other educational institution  Pediatric Care Nursing- nursing care for the sick child  Private Duty Nursing- independently have a contract with patient which the nurse will provide a comprehensive nursing care in one-on-one ratio  Nursing Administration- participates in the formulation of policies and objectives in an administrative institution or similar establishments

-SUPERVISION OF PATIENTS

Application of principles based upon the biological, physical and social sciences as well as execution of nursing procedures being responsible for the performance of every nursing procedure and technique for the recovery of the patient being careful and conscientious in the discharge of duties to avoid liabilities for damages.

-OPERATION OF PATIENTS 

The nurse attends to the matter of securing the patient’s signature on the form for giving consent to surgery A form is called “operating permit” is usually provided by the hospital for the purpose.

-UNAUTHORIZED DISCHARGE OF PATIENTS

When a patient insists on leaving the hospital against the advice of the doctor, the nurse should require him to sign a statement whereby he assumes full responsibility for leaving the hospital and releases the hospital personnel from any responsibility.

-CONCEPT OF ACCOUNTABILITY

The accountability of the nurse to the patient, physician or to the public has a reference to the quality of nursing care she renders. A contractual obligation which a nurse assumed exposes her to a certain degree of accountability; the term accountability carries the idea of sanction or penalty

License- it

is a legal document granted by the government which permits a person, who has knowledge and skills in a particular field, to render services for the public, where such practice would be unlawful without a license.

What is the purpose of REGISTRION?

REMEMBER: The primary purpose of registration is to safeguard the health of the people by setting minimum standards that should be meet by the qualified practitioners  POINTS TO PONDER:  **OATH: Oath-Taking of profession before the Board or any authorized government officials is required to those candidates who successfully passed the examination  **AUTOMATIC REGISTRATION: An automatic registration for nurses shall be given provided that his/her name appear in the roster of nurses

-QUALIFICATIONS FOR ADMISSION TO LICENSURE EXAMINATION

-REQUIREMENTS FOR EXAMINATION original transcript of records  record of actual related learning experiences  actual number of operating room scrubs and deliveries assisted  certificate of live births  marriage contract (if married, for female applicants)  4 passport size pictures with white background  Community tax certificate -RATINGS must obtain a general weighted average of at least seventy five percent (75%)  no rating below sixty percent (60%) in any subject

citizen of the Philippines subject of a country which permits Filipino nurses to practice within its territorial limits on the same basis as the subject or citizen of such country, PROVIDED, the requirements for the registration or licensing of nurse in said country are substantially the same as those prescribed in this Act.  of good moral character  holder of a Bachelor’s Degree in Nursing

If an examinee obtains a general weighted average of 75% but has a rating below 60% in any or only subject, the examinee must take the examination again but only on the subject where he/she rated below 60%

Female citizen of the Philippines who marries an alien Is it possible that Philippine citizen may be lost or reacquired?  What is a natural born citizen?  Jus sangunis doctrine
 
 The child follows the citizenship of his father

Jus solis doctrine
 The nationality of a person is determined by the law of the place of his

birth

Naturalization
 Act of adopting a foreigner and giving him the priviledge of a native

citizen

Reciprocity means mutuality in the grant and enjoyment of privileges between person or nations. As applied to the profession it is a relation established by law, treaty or agreement between two countries or states, whereby each country or states grants citizens of each other the privilege to the practice of the profession within respective territorial justification.


Based on the principle of “do ut des”

 

Registration by Reciprocity (RA 9173 Sec 20)- a certificate of registration/professional license may be granted without examination to nurses registered under the law of foreign state or country provided that: requirements in the said country are the same under this Act laws of such country granted the same privileges to the registered nurse in the Philippines

     

▪ Registration by Reciprocity (RA 9173 Sec 20)a certificate of registration/professional license may be granted without examination to nurses registered under the law of foreign state or country provided that: requirements in the said country are the same under this Act laws of such country granted the same privileges to the registered nurse in the Philippines PRACTICE PROGRAM THROUGH SPECIAL/TEMPORARY PERMIT internationally known specialists, or outstanding experts on medical mission exchange professors

Section 16. Oath. - All successful candidates in the examination shall be required to take an oath of profession before the Board or any government official authorized to administer oaths prior to entering upon the nursing practice. It is within 15 fifteen days upon the release of the results of the licensure

 

unprofessional and unethical conduct causes like
 convicted by final judgment of any criminal offense  guilty of immoral or dishonorable conduct  declared by the court to be of unsound mind

    

gross incompetence of serious ignorance malpractice or negligence use of fraud, deceit, or false statements practice during suspension violation of this Act, rules and regulation, code of Ethics and technical standards for nursing practice, policies of the Board
REMEMBER: Suspension of the certificate of registration or professional license shall be for a period not to exceed 4 years

-PROFESSIONAL IDENTIFICATION CARD full name of the professional  license number  date of registration  date of issuance and expiration  signature of the chairperson
-REQUIREMENTS FOR INACTIVE NURSES RETURNING TO PRACTICE(Nurses who doesn’t actively practicing the profession for 5 consecutive years)  one moth of didactic training  three months of practicum

-POWER AND DUTIES OF THE BOARD QUASI-LEGISLATIVE- making laws  promulgate a code of ethics in coordination and consultation with the accredited professional organization            

of nurse recognize nursing specialty organization with the accredited professional organization prescribe, adopt, issue and promulgate guidelines, regulations, measures and decisions that are necessary for the improvement of nursing practice QUASI-JUDICIAL- hearing conducts hearings and investigations to resolve complaints against nurses for violations, unethical and unprofessional conduct issues subpoena ad testificandum & subpoena duces tecum to secure appearance of respondents & production of documents and punish with contempt for non-compliance, impeding & or otherwise interfering with the conduct of the proceedings POLICE POWER- implementing laws conduct the licensure examination issue, suspend or revoke certificates of registration monitor and enforce quality standards of nursing practice ensure quality nursing education recognize nursing specialty organizations in coordination with accredited professional organization exercise powers necessary to ensure the maintenance of efficient, ethical, technical and moral professional standards in the practice of nursing taking into account the health needs of the nation.

continued neglect of duty or incompetence commission or tolerance of irregularities in the licensure examination  unprofessional, immoral or dishonorable conduct
 

The POWER to regulate the established profession in the Phil. And to examine the applicants to practice the same is vested upon the PRC as created by the RA 223.  BON is the regulatory body with respect to the nursing profession

CREATION AND COMPOSITION OF THE BOARD A chairperson and six members, appointed by the President of the Republic of the

Philippines  Two (2) nominees per vacancy of the PRC chosen and ranked from a list of three (3) nominees per vacancy of the accredited professional organization of nurses

-QUALIFICATIONS natural born citizen and resident of the Philippines  good standing of the accredited professional organization of nurses  Registered Nurse, Master of Arts in Nursing, Master of Arts in Education or other allied profession from university duly recognized by the Government; provide that majority are Master of Arts in Nursing; Chairman is Master of Arts in Nursing holder  At least ten (10) years of continuous practice, the last five (5) years in the Philippines  Not convicted to any offense involving moral turpitude

REMEMBER: Membership of the Board shall represent the 3 areas:  (1) Nursing Education (2) Nursing Service (3) Community Health Nursing
REMEMBER: Any person appointed as the Chairman or member of the Board shall immediately resign to any teaching position, review program in any local nursing board examination or any office or employment in the government.

-TERM OF OFFICE 

3 years ; can be reappointed for another 3 years any vacancy in the Board occurring shall be filled for the unexpired portion of the term only (HOLD OVER DOCTRINE) the Board shall be under the supervision of PRC

QUASI-LEGISLATIVE- making laws
 promulgate a code of ethics in coordination and consultation with the accredited professional organization of nurse  recognize nursing specialty organization with the accredited professional organization  prescribe, adopt, issue and promulgate guidelines, regulations, measures and decisions that are necessary for the

improvement of nursing practice

QUASI-JUDICIAL- hearing
 conducts hearings and investigations to resolve complaints against nurses for violations, unethical and

unprofessional conduct  issues subpoena ad testificandum & subpoena duces tecum to secure appearance of respondents & production of documents and punish with contempt for non-compliance, impeding & or otherwise interfering with the conduct of the proceedings

POLICE POWER- implementing laws
     

conduct the licensure examination issue, suspend or revoke certificates of registration monitor and enforce quality standards of nursing practice ensure quality nursing education recognize nursing specialty organizations in coordination with accredited professional organization exercise powers necessary to ensure the maintenance of efficient, ethical, technical and moral professional standards in the practice of nursing taking into account the health needs of the nation.

 Negligence- the doing of that thing which a reasonably prudent person would not have done or the failure to do that thing which a reasonably prudent person should have done; commission or omission of an act

 

  

-ESSENTIAL CONDITIONSThe existence of a duty on the part of the person charged, to protect the complaining party from the injury received. Failure to meet standard care Foreseability of harm resulting from failure to meet standard An injury resulting from such failure

 Doctrine of Res Ipsa Loquitor: “Let the thing speaks for itself”  Doctrine of Respondeat Superior: “Let the master answers for the acts of the subordinate”  Doctrine of Force Majeure: “Act of God”  Captain of the Ship Doctrine: the leader of the team is the one liable in the actions of its members  Doctrine of Corporate Liability: it id the liability of the hospital if in the case a defective equipments/failure lead to harm/injury of the patient  Incompetence- lack of ability

 Doctrine of Res Ipsa Loquitor: “Let the thing speaks for itself”  Doctrine of Respondeat Superior: “Let the master answers for the acts of the subordinate”  Doctrine of Force Majeure: “Act of God”  Captain of the Ship Doctrine: the leader of the team is the one liable in the actions of its members  Doctrine of Corporate Liability: it id the liability of the hospital if in the case a defective equipments/failure lead to harm/injury of the patient  Incompetence- lack of ability

Criminal law refers to those actions that have been declared illegal. They

are prosecuted by the state (city, state or country). The defendant is found guilty beyond a reasonable doubt or found not guilty.  In criminal law, a guilty defendant is punished by either (1) incarceration in a jail or prison, (2) fine paid to the government, or, in exceptional cases, (3) execution of the defendant: the death penalty.

Civil Law deals with disagreements between citizens were no crime
has been committed, or a separate cause of action even when a crime has been committed.

    

Assault- threatening harm or offensive bodily contact Battery- intentional, unconsented touching of another False Imprisonment or Illegal Detentiondetention of a person without legal consent Invasion of Property and Breach of Confidentiality- violation to the right to privacy Defamation- character assassination whether written (libel) or verbal/oral (slander)

 Torts- committed against a person or property which resulted to damage. The person who committed these acts are held liable in a civil action

CRIMINAL LIABILITY
 Crime/Felony- an act or omission punishable by law (revised Penal Code) which can be done by dolo (with intent) or culpa (without intent)

Omission- failure to do a duty Intent- purpose to use a particular means to affect a result (deliberate intent – freedom and intelligence)  Motive- moving power which impels one to act for a definite result
 

-PERSONS CRIMINALLY LIABLE-

1. Principal  by direct participation- direct commits the crime  by inducement- induce the performance of the crime  by indispensable cooperation- with his presence, the crime take place 2. Accomplice- accessory before the fact; cooperate in the execution of the offense 3. Accessory- accessory after the fact ; having the knowledge of the commission of the crime  profiting themselves or assisting others to profit  concealing, destroying body of the crime, effects, instruments to prevent its discovery  harboring concealing, assisting the escape of the principal

 Consummated- elements of crime have been

fulfilled/accomplished

 Frustrated- without intention of not fulfilling the

crime; some elements are done

 Attempted- no elements have been fulfilled

 Grave Felonies- attaches to capital punishment

(death) and imprisonment ranging from 6 years to life imprisonment
 Less Grave Felonies- correctional (from one

month to 6 years)

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