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 (self- a. Married
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
 Failure to perform the duty
Duty Action General 2) RESPONDEAT SUPERIOR
(Form misdemeanor  Command responsibility
) s  Most Civilly liable = the Hospital
Commissio (-) (+) Misfeasance 3) CAPTAIN OF THE SHIP
n (legal)  Shift of liability
 Focus on person with direct
Improperly control/supervision
performing an  For Operating Room = Surgeon
otherwise  For PACU = Anesthesiologist
proper or 4) BORROWED SERVANT/OSTENSIBLE
lawful act AGENCY/ APPARENT AUTHORITY
(+) (+) Malfeasance  A medical professional asks help to
erroneous (illegal) other medical professional other than
5) FORCE MAJEURE
Performing  Act of GOD
wrong or illegal  Unforeseeable
act  If foreseeable: inevitable
 The nature is liable
 Ex culpatory (Remove fault)
Omission (+) (-) Nonfeasance

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 INJURY
3. Respondent
No negligent act, no injury
The plaintiff should not contribute
to the injury
The respondent must be the
author of the negligent act
 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) WRONGFUL Code)
3) DEFAMATORY (Unqualified Privileged) 2) Offense (Punished by Special Penal
a) SLANDER (oral defamation) ACT Law)
 Must be named or been looked 3) Infraction (Ordinances)
by the DEFAMATOR
 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
bills 1) PRINCIPAL
 Make a promissory note (payment is a) INDUCEMENT = Mastermind
unconditional) b) DIRECT PARTICIPATION
 Execute a mortgage 2) ACCOMPLICE
1. Chattel (Personal property)  Common criminal intent
2. Real Estate (land properties) (purpose)
 Guaranty  Before and/or during the
 If debtor does not pay to crime
creditor, it can ask for  Moral gain
payment to 3rd party 3) ACCESSORY
(Guarantor)  Conceal evidence
 Surety  Assist of escape
 Creditor asks debt to debtor  After the commission of
or to the 3rd party (Guarantor) crime
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 (+) (+)
 Unlawful disclosure of information G LESSENS
 Authority to hold information the liability
 Right not to disclose information AGGRAVATIN (+) (+)
 SPOUSAL PRIVILEGE G ELEVATES
 EXEMPTION: the liability
1. Permission ALTERNATI (+) (+)
2. Public safety is jeopardized VE LESSENS or
(RA 11332) ELEVATES
3. Other Provider of care the liability
4. Proceedings (Criminal)
 Issues subpoena
 Duces decum