WRITTEN ORDERS OF THE COURT (p.

2)  Fault – wrongful acts result from imprudence,

▪︎Writ – legal notes from the court negligence, lack of skills or foresight
‣ Subpoena – an order in the court ▪︎Criminal Negligence
• Subpoena Tecum (papers) – documents, objects,
• Reckless Imprudence – person does an act or fails to do it
materials or chat brought in the court
voluntarily but w/o malice, form which damage the results
• Ad Testificandum (person) – testify as witness at a
immediately
specified time & place
• Simple Imprudence – did not use precaution & the damage
‣ Summon – writ commanding an authorized person to was not immediate or the impending danger was not evident
notify a party to appear in the court to answer a complaint or manifest
made against him
STAGES OF EXECUTION (p.3)
‣ Warrant of Arrest – a court order to arrest or detain a
person
‣ Search Warrant – a court order to search for properties 1. Consummated All elements were executed
with successful result

PROCEDURE IN A LAWSUIT (p. 1-2)

1. Commencement of the Action 2. Frustrated All elements were executed
2. Pleading but no successful result
3. Pre-trial
4. Trial Not all elements were
5. Execution 3. Attempted executed & no successful
result
CRIMES & OTHER ACTS (p. 2-3)
▪︎Crime – an act committed or omitted in violation of the law
Two Elements: LEGAL CONCEPTS & ISSUES IN NURSING
• Criminal Act ▪︎Liability – an obligation or dept that can enforce law
• Evil/Criminal Intent  A person who is liable for malpractice is usually require to
▪︎Criminal Action – state seeks the punishment of the pay for damages
wrongdoers
▪︎Damages – refer to compensation on money recoverable for
• Acts or offenses against public welfare
loss of damages
• Misdemeanor – offenses or acts less than felony
• Felony – public offense committed with deceit & fault
ILLEGAL DETENTION (p. 4)
 Deceit – acts is performed with deliberate intent
▪︎Unjustifiable detention of a person without legal warrant • Regulated – can use this drug with appropriate
 Occurs when a person is not allowed to leave a health prescription of MD with license
care facility when there is no legal justification to detain  S2 prescription/yellow prescription
the client  Valium, Dormicum
 Occurs when restraining devices are used w/o an ▪︎Penalty for violating the act
appropriate clinical need • For licensed health care provider:
1.Fines
INVASION OF PRIVACY (p. 4) 2.Imprisonment
▪︎Intrusion to someone’s freedom from unwanted publicity, right 3.Automatic revocation of license
to be left alone & right to live one’s life
 Nurse liable if they divulge any information from patient’s NURSES & CONTRACT (p. 4-5)
chart to improper or unauthorized persons ▪︎Types of Contract:
▪︎Violation to right of privacy: • Formal – agreement among parties & is required to be in
• Intrusion into a person’s private affairs writing by special laws
• Public disclosure of embarrassing private parts (body)  Marriage, Deed of Sale
• Publicity which places the plaintiff in a false light in the • Informal – concluded as a result of written document
public eye where the law does not require the same to be in writing
▪︎A nurse can reasonably intrude on one’s privacy in the ▪Tort – it provides a remedy in the form of money damages for
following cases: an injury to a person caused by the conduct of another
• Endorsing to other members of health team  A patient who is suffering paralysis after a nurse
• Clients agree to release information & signs a consent performs an IM injection in the gluteal area can sue
• Communicable disease under the tort law
• Crime-related events • Types:
1.Unintentional – do not require intent but do require the
ANTI SEXUAL HARASSMENT ACT (RA 7877) (p. 4) element of harm
▪︎Any person who exercise authority  Negligence, Malpractice
▪︎Asking sexual favor in exchange of another favor 2. Intentional – the act was done on purpose or with intent;
DISPENSING OF PROHIBITED DRUGS no harm, injury or damage is needed to be liable
▪︎RA 6425 (9165) – Comprehensive Dangerous Drug Act if 2002
• Prohibited – chemical or substances that are totally & NEGLIGENCE (p. 5)
absolutely can’t be consumed by human being ▪︎Types of Negligence:
 Shabu, Cocaine, Cannabis • Commission – wrong doing
• Omission – total neglect of care; didn’t do anything
▪︎Elements of Negligence: (4D’s) • Sound mind
• Duty for nurse ▪︎Who could be the witness?
• Dereliction (Breach of Duty) • Not blind, deaf or intellectual disable
• Damages as result • 18 years old & above
• Direct result (injury, harm or death) • Sound mind
▪︎Examples: • Able to read & write
 Burns resulting from hot water bags, heat lamps,
vaporizers, sitz bath MEDICATIONS & PRESCRIPTIONS (p. 13)
 Objects left inside the patient’s body (sponges, suction ▪︎Only registered medical, dental, and veterinary practitioners are
tips) authorized to prescribe drugs
 Falls of the elderly, confused, unconscious, sedated ▪︎Prescription information (based on RA 5921 of Pharmacy Act)
patients – all prescriptions must contain the following information:
 Falls of children whose bed rails were not pulled up & ✓ Name of MD, PTR, PRC#, Location of clinic/hospital
locked ✓ Name of patient, age, sex
 Mistaken identity – drug given to the wrong patient ✓ Information about drug – frequency, duration
 Wrong medication, wrong concentration, wrong route, ✓ Generic & brand name in prescription
wrong dose  RA 6675 – Generics Act of 1988
 Defects in the equipment  All prescribed drug must be written in generic and brand
names or generic name but never the brand name alone
MALPRACTICE (p. 6)  Purpose: For the patient to choose what brand they prefer
▪︎Doing acts or conducts that are not authorized or licensed or
▪︎Know rights in giving medications
competent or skilled to perform, resulting to injuries or non-
▪︎Proper identification of patient’s name
injurious consequences
▪︎In cases of doubts and errors in medication, refer to the
▪︎Stepping beyond one’s authority
physician
▪︎Negligent act committed in the course of professional
▪︎Special training is required before a nurse can administer IV
performance
injection
▪︎RN exceeding the scope of nursing practice & does an MD’s
 BON Resolution No. 8 – states that who administers IV
job
injection without training shall be held liable whether causing
or not an injury or death to the patient
NURSE AND WILL/SUCCESSION (p. 7)
▪︎Who makes the wills?
RESTRAINTS & SECLUSION (p. 13-14)
• Those not expressly prohibited by law
▪︎Reminders on the use of restraints:
• 18 years old & above
• R – equires physician’s order; consent
 • E – mergency, get MD’d order ASAP
• S – hortest duration, least restrictive type
• T – o protects patient & others
• R – enew order every 24 hours
• A – ssess every 15-30 minutes & documents
• I – ndividualized supervision
• N – ever used as a punishment
• T – otal documentation
• S – eclusion as last step
▪︎Alternatives to restraints:
• Before restraints offer explanations, ask someone to stay
with the clients, use clocks, calendars, TV & radio (to
decrease disorientation) or any relaxation techniques
• Use less restrictive methods first. Restraints should
always be the last
• Assign confuse & disoriented clients to rooms near the
nurse’s station

DOCUMENTATION (p. 14)

▪︎Legal considerations in charting:
• Don’t tamper with medical records – (ARD): adding,
rewriting & destroying original record
• Observe agency’s standard on documentation
✓ Complete, concise, specific, use standard abbreviation