ARE NURSES LIABLE?

⮚ Sources of Obligation
a) LAW (Code)
1) DUTY (Right and Obligation) ✔ Rules/regulations
⮚ Duty of a RN: ✔ Promulgated by a Supreme
1. NORMAL prudent person Being (Government)
✔ NEGLIGENCE comes here if b) CONTRACT
violated ✔ The contract is a law between
2. Professional Duty parties
✔ MALPRACTICE ✔ The contract is not contrary
(Professional Negligence) what the law provides
comes here if violated: ✔ The body is not a commerce of
− Ignoring a complaint of man (it may be a void contract)
the patient (needs unless it is RA 7170
professional knowledge ✔ Elements of Contract:
to know the complaint) 1. Consent (given by a legal age
a. Authority (mastery of of majority)
knowledge/skills not − Assent (Emancipated
common in the general consent) = not age of
public) majority
b. Autonomy a. Married
(self-determination) b. No support of
− Bring credit to parents
profession 2. Object (standpoint of myself
− Do not discredit the that I give to someone)
other profession 3. Consideration (standpoint of
someone that I need)
✔ Ethical concept – ✔ GOOD SAMARITAN LAW
Subsidiary (secondary − No liability in the
concept) contract
✔ Conceptual = Scientific − Liability will come what
(primary concept) the law provides
✔ Independent judgment (Section 28 RA 9173)
principle – assert the ✔ DUTY of the hospital, nurse,
doctor’s order if it is not doctor to report to the nearest
liable for you or the patient police if there are serious injuries
in harm of the patient (PD 169)
c. Accountability (liability) ✔ Emergency viewer = makes
− Applies ONLY for notifiable diseases (RA1132)
professionals c) DELICT (Crime)
✔ TYPES:
1. Personal liability
− liable for OWN
actions
− Intransmissible
− E.g. Administrative
liability
2. Vicarious liability
− Liable for others
✔ RN = ACCOUNTABLE
✔ LPN = ACCOUNTABLE for
their own profession
✔ TVN = ACCOUNTABLE of
their profession
✔ UAP = NOT ACCOUNTABLE
 2) FAILURE 3. Respondent
✔ Failure to perform the duty ● No negligent act, no injury
Duty Action General ● The plaintiff should not contribute
(Form misdemeanor to the injury
) s ● The respondent must be the
author of the negligent act
Commissio (-) (+) Misfeasance
n (legal)
2) RESPONDEAT SUPERIOR
✔ Command responsibility
Improperly ✔ Most Civilly liable = the Hospital
performing an 3) CAPTAIN OF THE SHIP
otherwise ✔ Shift of liability
proper or lawful ✔ Focus on person with direct
act control/supervision
✔ For Operating Room = Surgeon
(+) (+) Malfeasance ✔ For PACU = Anesthesiologist
4) BORROWED SERVANT/OSTENSIBLE
erroneous (illegal)
AGENCY/ APPARENT AUTHORITY
✔ A medical professional asks help to
Performing other medical professional other than
wrong or illegal 5) FORCE MAJEURE
act ✔ Act of GOD
✔ Unforeseeable
✔ If foreseeable: inevitable
✔ The nature is liable
Omission (+) (-) Nonfeasance ✔ Ex culpatory (Remove fault)

Failure to
perform a
necessary
action

3) PROXIMATE INJURY
✔ The effect of proximate cause
✔ Invasion of RIGHT (Injury)
✔ There is no invasion of RIGHT (Harm)
✔ Failure of duty (Proximate cause)
− Continuous flow of events
uninterrupted by any
sufficient intervening cause

DOCTRINES OF MALPRACTICE:
1) RES IPSA LOQUITOR
✔ The thing will speak for itself
✔ Will not create a RIGHT
✔ Will know how to enforce your RIGHT
✔ We do not need for medical experts to
know the injury
✔ Common Knowledge vs. Technical
Knowledge
✔ 3 factors:
1. Negligent Act
2. Plaintiff
 LIABILITIES RIGHT DUTY TAKEN QUANTUM OF PROOF

Criminal plaintiff (people) accused Life/liberty and Proof beyond reasonable

(Court) property doubt

Civil complainant defendants Properties Only Prefonderance of evidence

(Court) (who’s heavier)

Administrative complainant respondent Privilege Substantial evidence

(BON)
COR – best
evidence (signed by
PRC and BON)

License –
secondary evidence
(signed by PRC)
1) Reckless Imprudence
✔ severe/grave condition
✔ Visible
2) Simple Imprudence
✔ Apparent
✔ Not visible

TORTS BOTH CRIME

Damage Penalty imposed by Law
CIVIL: Independent of the liabilities from the
contract
US-BASED PHILIPPINE-BASED
TYPES OF TORTS 3 TYPES OF CRIME:
1) BATTERY (unconsented touching) 1) Felony (punished by Revised Penal
2) ASSAULT (threatened bodily harm by oral) Code)
3) DEFAMATORY (Unqualified Privileged) 2) Offense (Punished by Special Penal
a) SLANDER (oral defamation) Law)
WRONGFUL
✔ Must be named or been looked 3) Infraction (Ordinances)
by the DEFAMATOR ACT
✔ SLANDER BY DEED:
STAGES OF CRIMES:
❖ Intentional shame
1) ATTEMPTED
b) LIBEL (written defamation)
✔ ALL elements are not present
4) FALSE IMPRISONMENT
✔ Execution is not
✔ detention without cause
2) FRUSTRATED
5) ILLEGAL DETENTION
✔ ALL elements are present
✔ Detaining the persons without
✔ Execution is not
authority
3) CONSUMMATED
6) ARBITRARY DETENTION
✔ ALL elements are present
✔ Detaining the persons with authority
✔ The execution is present
 ❒ RA 9439: prohibits of “CHARITY
WARD” (wards covered by Philhealth)
patients of not payment of hospital LEVELS OF PARTICIPATION
1) PRINCIPAL
bills
a) INDUCEMENT = Mastermind
✔ Make a promissory note (payment is
b) DIRECT PARTICIPATION
unconditional)
2) ACCOMPLICE
✔ Execute a mortgage
✔ Common criminal intent
1. Chattel (Personal property)
(purpose)
2. Real Estate (land properties)
✔ Before and/or during the
✔ Guaranty
crime
● If debtor does not pay to
✔ Moral gain
creditor, it can ask for
3) ACCESSORY
payment to 3rd party
✔ Conceal evidence
(Guarantor)
✔ Assist of escape
✔ Surety
✔ After the commission of
● Creditor asks debt to debtor
crime
or to the 3rd party (Guarantor)
7) BREACH OF PRIVACY
✔ No authority from the start (to 4 CIRCUMSTANCES THAT AFFECT
secure information) CRIMINAL LIABILITY
✔ RIGHT to be apart from others LIABILITY CRIMINAL
✔ RIGHT to be left alone JUSTIFYING (-) (-)
8) BREACH OF CONFIDENTIALITY EXEMPTIN (+) (-)
(Privileged Information/Privileged G
Communication) MITIGATIN (+) (+)
G LESSENS
✔ Unlawful disclosure of information
the liability
✔ Authority to hold information AGGRAVATIN (+) (+)
✔ Right not to disclose information G ELEVATES
✔ SPOUSAL PRIVILEGE the liability
✔ EXEMPTION: ALTERNATIV (+) (+)
1. Permission E LESSENS or
2. Public safety is jeopardized ELEVATES
(RA 11332) the liability
3. Other Provider of care
4. Proceedings (Criminal)
− Issues subpoena
− Duces decum