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Trigger 1: What elements of negligence are present in this aforementioned

case? (10%)

There are four elements of professional negligence. These are when the
defendant owed the plaintiff a specific duty, the failure to meet the due
standard of care, the foreseeability of harm resulting from failure to meet that
standard, and the fact that the breach of this standard resulted in an injury to
the plaintiff. The case is evident with these elements. The fact that the patient
already had been on his respirator for days and his condition not stated to be
improving within his stay in the Intensive Care unit, makes it clear that
whoever will pull this patient out will be liable for the him. Since the
respondent is already a licensed nurse, he or she has the sufficient
knowledge on how to care for a patient, more so the basic needs that he or
she should provide to support the patient. The registered nurse can predict
the possibility that the patient needs the ventilation because he is not capable
yet on his own. Also, by leaving the patient unattended the nurse has failed to
monitor this patient whether he was looking in good condition or having
difficulty in breathing. By doing this and not doing wholesome care that was
ought to be rendered, the patient's condition was harmed.

Trigger 2: Are there grounds for revocation of the professional license of

nurse respondent considering the case presented? (10%)

According to section 23 of the Republic act 9173, the Board of Nursing has
the power to revoke or suspend the certificate of registration/professional
license or cancel the permit of a nurse if he or she commits an unprofessional
and unethical conduct and a malpractice or negligence in the practice of
nursing. Thr nurse in this case has shown professional negligence evidenced
by the harm which it caused to the condition of the patient. Therefore, the
nurse may have his/her license revoked.
Venzon, L. M., & Venzon, R. M. (2016). Professional nursing in the

Philippines 12th edition. Quezon City, Phil: C & E Publishing.

Congress of the Philippines (2002). Republic Act No. 9173 "Philippine

Nursing Act of 2002 Retrieved from

Ma. Elyza Allene N. Paderanga


September 20,2017