“

LEGAL AND ETHICAL ISSUES FOR A SAFE

NURSING PRACTICE

Atty. ANTONIO D. REBOSA, M.D.,BSCrim,FCLM

CASTRO REBOSA REBOSA Law Office
 NURSING MALPRACTICE
Elements:
1. The nurse has a duty to the patient;
2. The nurse failed to perform such duty to
his patient;
3. As a consequence of the failure, injury
was sustained by the patient;
4. The failure of the nurse is the
proximate cause of the injury sustained by
the patient.
BASIC LIABILITIES
◦ CRIMINAL

◦ CIVIL

◦ ADMINISTRATIVE
What should I do? ,,,,,,,,,,,,,,,,,,,

➢Misinterpretation of physician’s order by the nurse

➢Sexual harrassment on patients committed by nurses
➢Wrong syringe/medication given to the attending residents
➢Verbal confrontation and/or physical contact with patients by
nurses
➢Baby falls during delivery/crib
➢Wrong baby was assigned and brought home
➢Unavailability of facilities of hospitals leading to a big factor to
have caused the death of patient
➢Non attendance or failure to arrive on time
➢Lost specimens (eaten by cats, rats, etc.)
➢Necrotic IV site
What should I do? ,,,,,,,,,,,,,,,,,,,

➢- Alleged Wrong Blood type transfused

➢Failure of ER nurse to endorse patient’s medication to
ward nurse
➢Failure to refer to attending physician patient’s progress
/ Delay in referrals
➢Poor patient care/monitoring
➢Giving estimates to patients possible financial
responsibility to the hospital
➢The “Illegal Detention” Law
 WRONG DRUG
TELEPHONE
ORDERS

WRONG DOSE

OVERTIME
PROFESSIONAL FEES

MEDICAL TERMINOLOGY

SEXUAL ADVANCES
PERSONAL FAVORS

COMPLAINTS

NURSES’ DILEMMA?
Surgery

Wrong
Injured
Counting Wrong
Limb
Side
Retained
Instrument
etc.

Wrong
Identity
Pediatrics / Nursery/Medicine
Substituted
Babies
Burns Thermal
Bicarbonate burns IV site
necrosis

Fall
Wrong
Blood

Wrong Wrong Missing

Identity Medicine Babies
there is no complete solution to medical
…

malpractice (NURSES included) since any patient

may sue the doctor for actual or imagined injuries.
There is almost always a lawyer who is willing to
take on any malpractice suit and find an “expert”
who will testify for the patient. It is the prepared
physician (Nurse) who has maintained his practice
with forethought that will be protected against
such intrusions.

Melvin A. Shiffman, M.D., J.D.

….No physician is perfect but only lucky to have
survived so far through the years of practice with
none or only few experiences in medical
malpractice.

Melvin A. Shiffman, M.D., J.D.

Physician-Lawyer
◦MARAMING SALAMAT
PO!!!

•Atty. Tony D. Rebosa,MD,BSCrim

◦ Castro Rebosa Rebosa Law Office