a) Natural law is an integral part of nature bec.
DEFINITION OF TERMS
• LAW – is the sum total of rules and regulations by
which society is governed.
• JURISPRUDENCE – is the science of law.
• NURSING JURISPRUDENCE- is that department of
law which comprises all the legal rules and principles
affecting the practice of nursing. It also includes the
interpretation of all these rules and principles and
their application to the regulation of the practice of
nursing.
• PLAINTIFF – the party to a civil suit who brings the
suit seeking damages or other legal relief;
complainant. ( ACCUSER)
DEFINITION OF TERMS
• DEFENDANT – (In criminal case) the person
accused of committing a crime; (In civil suit) the
party against whom suit is brought demanding that he
pays the other party legal relief.
• SUBPOENA – a court order requiring one to appear
in court to give testimony.
• SUMMONS – a notice to a defendant ordering him to
speak in a court at a specified time and date to
answer a complaint against him.
• WITNESS – one who is called to give testimony in a
court of law.
• FELONY – a crime of a serious nature usually
punishable for a period of longer than one year or by
death.
• PRINCIPAL – a person who takes direct part in the
execution of the act.
• ACCOMPLICE – are those people who, not being
principals, cooperate in execution of the offense by
previous simultaneous acts.
• LEGAL RIGHT – a right or claim which can be
enforced by legal means against the person of the
community.
• JURISDICTION – the legal right or authority of a
court to hear and decide on a legal case or
controversy.
• LEGISLATION – the act or process of making laws.
A. Two general divisions of law
immutable and inherent in the nature of man
or every element or part of universe. It is subdivided
to physical law ( newton’slaw of gravity and moral law
( conscience
b) positive law is precept and made by someone in authority:
Divine law and human law.
Groups of Human Law
1. Public Law – Department of law which is concerned with
the state in its political or sovereign capacity. It is a law that
applies generally to people of the state adopting or enacting it.
1.1 Criminal Law – Treats the nature, extent and degree of
every crime and adjusts to it the adequate and necessary
penalty.
1.2 International Law – The law which regulates the
intercourse of nations.
a) Public International Law – Control the conduct of
independent state in their relation to each other.
b). Private International Law – Conflict law.
1.3 Political Law – Threats the science of politics (Gov’t)
Regulates the relation between the state and individuals that
compose it.
Constitutional Law - law that relates to the constitution, as a
permanent system of political and juridical government, as
distinguished from statutory and common law, which relate to
matters subordinate to such constitution.
a)Administrative Law - the body of rules and regulations and
orders and decisions created by administrative agencies of
government.
b)Law of Public Administration
c) Law of Public Corporation
2.Private Law – Law that relates the private matters which do
not concern the public at large (Administrative between
citizen and citizen)
a)Civil Law – Organizing the family and regulating property.
b)Commercial Law – Relates to the rights of property and the
relations of persons engaged in commerce.
C)Remedial Law – Methods of enforcing rights or obtaining
redress (Correcting the wrong)
LEGAL RESPONSIBILITIES OF NURSES IN THE
FOLLOWING AREAS:
 Contracts
 Informed Consent
 Wills
 Nursing Care
 Operation of patients
  Abortion cases
 Unauthorized discharge of patient
ELEMENTS INVOLVED IN LEGAL LIABILITY:
Terms:
1. NEGLIGENCE – refers to the commission or omission of
an act, pursuant to a duty, that a reasonably prudent person in
the same or similar circumstance 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.
2. MALPRACTICE – is the idea of improper or unskillful care
of a patient by a nurse; denotes stepping beyond one’s
authority with serious consequences. It is the term for
negligence or carelessness of professional personnel.
3. INCOMPETENCE – is the lack of ability, legal
qualifications or fitness to discharge the required duty.
4. IGNORANCE – means want of knowledge.
5. MORAL TURPITUDE – an act of baseness, vileness or
depravity in social or private duties.
6. FRAUD – a wrong doing or misconduct, an act resulting
from a willful act to deceive; deceitful practice, rules of
common honesty,
7. DECEIT – any act, declaration or practice which misleads a
person or which causes him to believe what is false.
8. FALSE STATEMENT – an allegation or statement that is
deceitful with intention to commit a fraud.
PROFESSIONAL NEGLIGENCE
A. ELEMENTS OF PROFESSIONAL NEGLIGENCE
1. Existence of a duty on the part of the person charged to use
due care under circumstances.
2. Failure to meet the standard of due care(breach of
Professional duty).
3. The foresee ability of harm resulting from failure to meet
the standard (proximate cause).
4. The fact that the breach of this standard resulted in an
injury to the plaintiff( Injury).
THREE LEGAL DOCTRINES TO DESCRIBE
PROFESSIONAL NEGLIGENCE
1.Res Ipsa Loquitur – the thing Speaks for itself
three conditions are required to establish a defendant’s
negligence without proving specific conduct.
 The harm would not ordinarily have occurred
without someone’s negligence.
 The instrumentality of harm was under the exclusive
control of the defendant at the time of likely
negligent act.
 The plaintiff did not contribute to the harm by his
own negligence.
THREE LEGAL DOCTRINES TO DESCRIBE
PROFESSIONAL NEGLIGENCE
. Doctrine of Force Majeure – means an irresistible force,
one that is unforeseen or inevitable.
3. Doctrine of Respondeat Superior – “let the master answer
for the acts of the subordinate.”
 Bonus pater familias( good father of family)
 Basis of civil liability of employer , if there is a
negligent in the selection of his employee(culpa in
eligiendo )or supervision of his employee ( culpa in
Vigilando).
 Corporate Liability
 Doctrine of damnum absque Injuria “Although
there was physical damage but there was no legal
injury”.
 Doctrine of stare decisis or more fully, stare decisis
et non quieta movere literally means “ stand by the
decision and do not move that which is quiet”. To
stand by that which is decided.
 Principle of Nolo contender- plea of guilty= i will
not defend
 Obiter dictum- an opinion of the justice of the court
on a point of law not directly bearing on the case in
question and therefore has no binding effect( not
doctrine)
 Doctrine of informed consent
 It consists of two parts; information and consent.
 Basic element of informed consent :
1. Voluntary
2. legal capacity
3. sufficient understanding
4. enlightened decision
Contract
 Meeting minds, between two persons whereby one
binds himself , with respect to the other, to give
something or render some service.
 a promise and duty
 Meeting minds, between two persons whereby one
binds himself , with respect to the other, to give
something or render some service.
 a promise and duty
Kinds of Contract
 Formal- marriage, mortgage, deeds of sale or work
contract.
  Informal- concluded as a result of a written document
does not require in writing
 Express contract- terms given orally or in writing by
the parties involved, specified:kind of service,salary,
date and time effectively including fringe benefit.
E,g, PDN- facio ut des- I do that you may give
 Implied contract- one that is included as a result of an
act or conducts of parties to which the laws ascribes
an objective intention to enter into a contract
 Void contract- one that is existent from the beginning
and therefore may not be enforced.
 Illegal contract- one that is expressly prohibitted law
Requisites of a contract
 # of person participate
 give consent to the contract
 Subject matter specified:
a. All things not outside the commerce of man
b. Right’s which are not in transmissible
c. Future inheritance in cases authorized by law
d. All services which are not contrary to law, morals,
good customs, public policy.
e. The cause of obligation must be established
f. Legal capacity to enter into contract
Breach of Contract
Breach of contact is a failure to perform an agreement ,
whether express or implied without cause.
 The following constitute breach of contract in
nursing service:
1. Prevention of performance.
2. Failure to perform because of inconvenience or
difficulty.
3. Failure of cooperation in performance.
4. Abandonment of duty.
5. Substitution of performance
Failure to use due care.
Advantages of written Contract
. A written contract is certain.
2.It specify a definite time within which is binding so it can
protect both sides against changes.
3.It sets a standard and relieves an individual professional
from haggling over compensation.
4. It establish minimum standard for professional
practitioners and protect them against discrimination in
compensation.
5. It is definite and can be definite.
6. It can provide a definite procedure in case of complainants
about standard work.
7. it can create a minimum certainty and security.
 Will- legal declaration of person’s intention upon
death also called Testamentary document
 Decedent is a person whose property is transmitted
through succession whether or not he left a will.
 If he left a will-Testator, If she is a woman -
Testatrix.
 Heir- a person left called to succession either by
provision of will or by operation of law.
 Will- A person who dies leaving a will is said to have
died testate, while one who has died without a will is
said to have died intestate. Validation of the will in
court is known as probate.
 One who validate the provision of will is an
administrator.
Kinds of Will
 Holographic - written, dated and signed by the
testator.
 Nuncupative – oral, made during the patient last
illness, done in the place one’s died, witnesses, put in
writing in given number of days and offer in probate
in definite time.
 Notarial – requires an attestation clause and
acknowledgement before a notary public.
 TORT TORTS – 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.
1. Assault and Battery
ASSAULT – is the imminent threat of harmful or offensive
bodily contact.
BATTERY – is an intentional, unconsented touching of
another person.
Example of Tort 2. False Imprisonment or Illegal Detention
- Means the unjustifiable detention of a person without a
legal warrant within boundaries fixed by the defendant by an
act or violation of duty intended to result in such confinement.
3. Invasion of Right to Privacy and Breach of Confidentiality
4. Defamation – character assassination
SLANDER – is oral / speaking unprivileged or false words by
which his reputation is damaged.
LIBEL – is written words, cartoons or such representations
that cause a person to be avoided, ridiculed or held in
contempt or tend to injure him in his work.
Crimes- act committed or omitted in violation of the law
Two elements of criminal offense:
Criminal act & evil
Criminal intent
 Conspiracy to commit crime- two or more person
agree to commit felony and decide to do it.
 Persons who commits felonies are:
o Principal
Has direct Participation in the act, one who induce
others to commit a crime
o Accomplices - has knowledge of the
criminal intention of the principal
o Accessory before
the fact
Accessory after the fact
Criminal Negligence is classified into two:
Reckless imprudence – a person does an act or fail to do it but
without malice from which material damage result
immediately
Simple imprudence – a person did not use precaution and the
damage was not immediate or impending danger was not
evident.
Classification of Felonies
A. According to Degree of the acts of Execution:
 Consummated – when all the elements necessary for
its execution and accomplishment are present.
 Frustrated – when the offender performs all the acts
or execution which will produce the felony as a
consequence but which nevertheless, do not produce
it by reason of causes independent of the will of the
perpetrator.
 Attempted – when the offender commences the
commission of the same directly by overt (open or
manifest) acts, and does not perform all the acts or
execution which shall produce the felony, by reason
of some cause or accident other than his own
spontaneous desistance.
CIRCUMSTANCES AFFECTING CRIMINAL
LIABILITY
1. Justifying Circumstances
2. Mitigating Circumstances
3. Exempting Circumstances
4. Aggravating Circumstances
5. Alternative Circumstances
Justifying circumstances
A person may not incur a criminal liability under the ff
situation :
 self defense / person property ,rights of spouse,
children, ascendant, descendant, legitimate, adopted
brother, acted on the fulfilment of your duty.
Exempting Circumstances
The law exempts a person from criminal liability for the
commission of crime.
 Imbecile/ insane unless during the lucid interval. A
person under nine yrs. Old and under fifteen yrs. Old
unless she or he acted with discernment.
 Any person while performing a lawful act due care,
causes injury by accident without fault or intention of
doing it.
 Acts under compulsion of an irresistible force
 Acts under a the impulse of uncontrollable fear
Exempting
 Any person who acted under the compulsion of
irresistible force, fear of equal or greater injury.
 A person who may fail to perform an act required by
law when prevented by some lawful or insuperable
cause (impossible to overcome).
Mitigating circumstances
Do not constitute justification or excuse of offense in
question , but with fairness and mercy may be considered as
extenuating or reducing the degree of moral culpability.
 Justifying or exempting.
 When the offender has no intention to commit a
grave wrong as one committed.
 When the offender is under 18 yrs of age and over
70 yrs of age.
 sufficient provocation or threat on the party.
 act is committed in immediate vindication of a
grave offense to the one committing the felony.
 offender is deaf and dumb, blind or suffering from
physical defects which thus restrict his action,
communication flow with fellowmen .
 Offender is under 18 years old or 70 years old &
above
 Surrender voluntarily
 When the offender is suffering from such illness as
would diminish the exercise of his/her power without
however, depriving him/ her consciousness of his /
her acts.
Aggravating circumstances
Increase the criminal liability of the offender.
  Takes advantage of the position NURSE AS WITNESS RULE

 Committed in insult to public authorities.  There are two types of witness:

 Act committed with abuse, confidence or obvious A. Percipient or fact witness- gives opinion based on actual
ungratefulness. facts or knowledge.

 Place of worship, in consideration of reward, in case B. Non-Percipient or non fact witness- not involved on subject
of disaster or emergencies. but asked question based on hypothetical question.

 When crime is committed fire, poison, explosion / POINTS TO OBSERVE BY NURSES IN ORDER TO
great waste and ruin. AVOID CRIMINAL LIABILITY

Alternative circumstances 1. Be very familiar with the Philippine Nursing Law.

 Must be taken in the context of aggravating or
mitigating according to the nature and effect of the
crime and other conditions attending its commission.
Felonies are classified according to the degree of Punishment
 Grave felony- 6 years and one day to life
imprisonment
 Less grave felony- one month and one day to six
years of imprisonment
Light felonies- one day to thirty days of imprisonment
2. Beware of laws that affect nursing practice.
3. At the start of employment, get a copy of your job
description, the agency’s rules, regulations and policies.
4. Upgrade your skills and competence.
5. Accept only such responsibility that is within the scope of
your employment and job description.
6. Do not delegate your responsibility to others.
7. Determine whether your subordinates are competent in the
work you are assigning them.

CRIMES WHICH CONCERNS NURSES
Parricide – is a crime committed by one who kills his/her
father, mother, or child whether legitimate or illegitimate, or
any of his/her ascendants or descendants or his/her spouse.
8. Develop good interpersonal relationships with your co-
workers, whether they are supervisors, peers or subordinates.
9. Consult your superiors for problems that may be too big for
you to handle.

Murder – is the unlawful killing of a human being with intent 10. Verify orders that are not clear to you or those that seem
to kill. to be erroneous.

Homicide – is the killing of a human being by another.
Infanticide – is the killing of a child less than three (3) days of
age.
Abortion – the expulsion of the product of conception before
the age of viability.
11. The doctors should be informed about the patient’s
conditions.
12. Keep in mind the values and necessity of keeping accurate
and adequate records.
13. Patients are entitled to an informed consent.

Illegal Detention – unlawful taking of a person or property as

in the case of forcible entry or detention.

 Giving assistance to suicide

 Robbery– unlawful taking of a person or property as

in the case of forcible entry or detention.

 Simulation of birth- substitution of one child for

another, or abandonment of a legitimate child

 a)Criminal-Proof beyond reasonable doubt .

Moral certainty is required or that degree of proof

which produces conviction in an unprejudiced mind.

 b) Civil- Preponderance of evidence , she must show

and convince the court that his /her evidence is more
credible that that of other party called defendant.

 c) Administrative- substantial evidence , relevant

evidence as a reasonable mind might accept as
adequate to support a conclusion