Nursing Jurisprudence

1
Good Afternoon Future
health Care Warriors
 Objectives: October 29, 2021
Within 3 hours of SLA, future nurses
should be able to:
a. Internalize the importance of
Nursing Jurisprudence.
b. Recall concepts on ethics and
morals.
c. Internalize the Code of Ethics for
Nurses.
d. Trace the history of Nursing law
 Ethics

-- system of moral principles or moral

standards governing a conduct.
-System or principles and rules
concerning a duty.
- system of rules of practice applied to
a single class of human actions
e..g. legal ethics, medical ethics,
nursing ethics
-Moral philosophy- furnishes norms or
standards
Ethics and Moral

- essentially synonymous.
Ethics is the study of moral conduct or the
principles underlying the desirable type of
human conduct.
While
Morals – human conduct itself
thus
Ethics- is a science of ideals which guides our
judgment concerning the morality of human acts,
whereas,
Morals is the human conduct in the light of ethics;
it is the application of ethics.
Moral Principles

1. The Golden Rule

2. The Two Fold Effect

- good or bad situation
- basis of action
Moral Principles

3. Principle of Totality
- The whole is greater than any of its
parts

4. The Rule Of Epikia- exception to the

general Rule
 Moral Principles

5. One who acts through an agent is himself

responsible.
- The nurse become liable to a crime if
she recommends and become accomplice even if
not done herself.

6. No one is obliged to betray himself/herself.

Moral Principles

7. The end does not justify the means.

8. Defects of nature may be corrected.

- corrective through plastic surgery
e.g. cleft lip surgery
Moral Principles

9. If one is willing to cooperate in an act,

no injustice is done to him/her.

10. A little more or less does not change

the substance of an act.
Moral Principles

11. The greatest good for the greatest

number
- the use of immunization in cases of
epidemic.

12. No one is held to the impossible.

 Moral Principles
13. The morality of cooperation
- formal cooperation to an evil act is never
allowed.

14. Principle to the origin and destruction of

life.
- The state recognizes the sanctity of
human
e.g. Euthanasia is not allowed
Tickle your brains..

• If you are unethical , are you

also immoral?

• How do ethics and morals

becomes customary?
Ethics and Morals

•– both are behavior which tends to

become customary due to approval or
practices of the group.
 Importance of Ethics
• Ethics makes clear why one is better than
another
• Ethics keep orderly an orderly social life
by having agreements, understanding of
principles, rules or procedures.
• Ethics seeks to point out to man the true
value of life to stimulate moral sense and
inspire men to gain in for quest for these
values.
What ethical principle do you
believe speaks of you most?
Basic principles of
biomedical ethics

• 1. Autonomy – “freedom to choose”

- make choices about issues
that affects one’s life.
- Right to choose what will
happen to one’s own person.
- right to determine personal
care given and by whom.
Nursing Implication:

• Nurses should support client’s

independence to make
decisions and take actions for
themselves.

• What are the restrictions?

2. Beneficence – “do only what is good”
- requires nurses to act in ways
that benefit the client.
-acts of kindness and mercy
- acts should:
promote health,
prevent illnesses and
complications
alleviate suffering
assists towards peaceful deaths
Nursing implication:

• Nurses have the responsibility to help

others by doing what is best for
them.
3. Non maleficence –
“Do no harm”
Requires nurses to act in
such a way to avoid causing
harm to clients.
-stated in negative form
• - seeks to do no harm in situation
requiring nursing actions
• - the need to avoid harm regardless
of reasons for negative actions.
• **
Nursing Implication:

• Nurses should act with empathy

without bad faith or ill will, nor make
false accusations.
 Non malefiscence
examples

• Do not assist in abortion, Euthanasia

• Do not submit patient to experimental drugs
• Do not reveal confidential information
• 4. Veracity –
“tell the truth”
- engenders respect, open
communication, trust and
shared responsibility.
- universal value

***Restrictions:
-benevolent deception
 Nursing implication:

• Nurses should communicate

truthfully and accurately.
 5. Confidentiality-
“keep private”
• Nursing Implication:

• ** Safeguard client’s right to privacy.

• 6. Justice – Be fair!
•

• Premise: Health is a basic human right.

• - equitable and appropriate treatment

according to what is due or owed to
persons with the understanding that
giving to some will deny receipt to
others who might otherwise have
received those things.
Examples

• Accessibility to health insurance

• Senior citizen act
• Other benefits
Nursing Implication:

• ** Nurses should make use of

available resources fairly and
reasonably.
7. Fidelity- “keep your word”
- faithfulness
- practice of keeping
promises.
Nursing implication;

• Nurses should attend to the

details of what they say they
do.
 REVIEW ON

Patient’s Bill of rights

 Patient’s Bill of rights

• The patient has the right to

considerate and respectful care.

• The patient has the right to obtain

from his physician complete
current information concerning his
diagnosis, treatment and prognosis in
terms the patient can be reasonably
expected to understand.
Bill of Rights…
• The patient has the right to receive
from his physician necessary
information to give informed consent
prior to the start of any procedure and
treatment and what to expect in
emergencies.

• The patient has the right to every

consideration of his privacy
concerning his own medical care program.
• The PATIENT has the right to expect
that all communication and record
pertaining to his care should be treated
as confidential.

• The patient has the right to refuse

treatment to the extent permitted
by the law: to be informed of the
medical consequence of his action.
• The PATIENT those the right to be advised if the
hospital proposes to engage in or perform human
experimentation affecting his core or treatment.
The patient has the right to refuse to participate
in such research projects.

• The PATIENT has the right to expect reasonable

continuity of care. He has the right to know in
advance what appointment times the physician
are available and where.
• The PATIENT has the right to obtain
information in so far as any relationship of his
care is concerned. The patient has the right to
obtain information as to the existence of any
professional relationship among individuals, by
name, who are treating them.
•The PATIENT has the right to expect that a
hospital must make reasonable response to the
request of a patient for service. The hospital must
provide evaluation, service ond/ or referral as
indicated by the urgency of the case.
• The patient has the right to expect that the
hospital will provide a mechanism whereby he
is informed by his physician, or a delegate of
the physician, of the patient’s continuing
health care requirements following discharge.

• The PATIENT has the right to examine and

receive on explanation of his bill regardless
of source payment.

• The PATIENT has the right to know what

hospital rules and regulations apply to his
conduct as a patient.
Importance of Code of Ethics

• Provides one means whereby professional

standards maybe improved

• Indicates a profession’s acceptance of the

responsibility and trust with in had been
invested.
Code of Ethics

• RA 9173-
- BON and APO-
-promulgation of COE within 1
year from Nov 20, 2002
BON Resolution No. 220 series 2004

- The Code of Ethics for Nurses

It deals with the nurse relationship
with the following:
• Nurses and the People
• Nurses and Practice
• Nurses and co workers
• Nurses and society and environment
• Nurses and Profession
Code of Ethics- Nursing etiquette
on their relations with others.
A. Nurses and People
Guidelines:
- values, customs and spiritual beliefs held by
the individual are to be respected.
- Individual freedom to make rational and
unconstrained decisions is to be respected.
- Personal information acquires in the process

of giving nursing care shall be held in strict

confidence.
 Nurses must:

• Consider the individuality and totality of

clients when administering care.
• Respect the spiritual beliefs and practices
of clients regarding diet and treatment.
• Uphold the rights of the individuals.
• Take into considerations the culture and
values of the client’s welfare and safety
must take precedence.
B. Nurses and Co- workers/ Colleagues

• Guidelines:
- The nurse is in solidarity with
other members of the healthcare
team in working for the client’s best
interests.
-the nurse maintains collegial and
collaborative working relationship
with colleagues and other health
care providers.
 Nurses/co workers…
• conform with group activities as those of a health team
as should be based on ethico legal standards.

• Contribute to the growth and development and other

members of health team

• Actively participate in APO

• Not in any manner prejudicial to other profession.

• Honor and safeguard the reputation and dignity of

members of nursing and other professions.

• Respect the rights of their co workers.

 Rights of Nurses
• Right to practice nursing in accordance with
professionally defined standards
• Right to choose patient.
• Right to limit the practice of one's profession.
• Right to intervene when necessary to protect
clients.
• Right to be trusted by the public and the
colleagues.
• Right to participate in and promote growth and
direction of the profession.
• Right to be compensated fairly for services.
 RON……updated

 Have the right in an environment that supports and

facilitate ethical practice in accordance with the Code of
Ethics and its interpretative statements.

• To freely and openly advocate for themselves and their

patients without fear of retribution.

• To fair compensation for their work, consistent with their

knowledge , experience and professional responsibilities.
 RON…. updated

• .. To a work environment that is safe for

themselves and their patients.

• ..To negotiate the conditions of their

employment , either as individuals or
collectively in all practice settings.
• Nurses have the right to practice in a manner
that fulfills obligations to society and to those
who receive their nursing care.

• Nurses have the right to practice in the

environment that allows them to act in
accordance with the professional standards and
legally authorized scope of practice.
 C. Nurses and Practice
• Ethical Principle
-Human Life is inviolable

- Quality and excellence in the care of

the clients are the goals of nursing
practice

- The hallmark of accurate documentation

of actions and outcomes of delivered
care is a nursing accountability.
Guidelines

Nurses must:
- know the definition and scope of nursing
practice

- be aware of their duties and responsibilities

- acquire and develop necessary competence in SKA

to effectively render appropriate nursing services
through varied learning situations

- be responsible in providing favorable environment

for the G & D of their RN – for administrators
• Be cognizant that profession programs for
specialty certification are accredited

• See to it that quality nursing care and

practice meet the optimum standard of
safe nursing practice

• Ensure modification of practice shall consider

the principles of safe nursing practice.
• Ensure modification of practice shall consider
the principles of safe nursing practice.

• Be normally/legally responsible for devising

system of minimizing occurrences of
ineffective and unlawful nursing practice.

• Ensures that patients’ records shall be

available only if they are to be issued to
those who are professionally and directly
involved in their care and when they are
required by law.
Principle: RN are advocates of
patients.
• should take
,
appropriate steps to
safeguard the patients’ and privileges.
• Respect Bill of Rights
• Provide pertinent info except those
deemed harmful to their well being
• Uphold rights when conflict arises
regarding mgt of care
 Principle: RNs are aware that their actions have professional,
ethical, moral and legal dimensions. Strive to perform
their work in the best interest of all concerned.

• RNs perform their profession duties in

conformity with existing laws, rules, regulations ,
measures and principles of moral conduct and
proper decorum.

• Not allow themselves to be used in

advertisement that should demean the image of
the profession.
Continued…
•Decline any gift favor or hospitality which might
interpret as capitalizing on patients

•Not demand or receive any commission, fee for

recommending or referring a patient to physician and
other members.

•Quality nursing care meets the optimum standard of

safe nursing practice.

•Avoid any abuse of the privilege relation wc exists

with patients and of privileged access allowed to
their property, residence or workplace.
Nurses must:
- carries personal responsibility and
accountability for nursing practice, and for
maintaining competence by continual learning.

- Maintains a standard of personal health

such that the ability to provide care is not
compromised.

- The nurse uses judgment regarding

individual competence when accepting and
delegating responsibility.
- at all times maintains standards of
personal conduct which reflect well on
the profession and enhance public
confidence.

- in providing care, ensures that use of

technology and scientific advances are
compatible with the safety, dignity
and rights of people.
D. Nurses and the Profession

Nurses must be:

- APO Member
- strictly adhere to the nursing standards
- Participate actively in the growth and
development of nursing profession
- strive to secure equitable socio economic
work conditions in nursing through
appropriate legislation
- assert for the implementation of labor and
work standards.
E. Nurses and Society and Environment
Guidelines
Nurses must
- be conscious of their obligations as
citizens and be involved in community
concerns
- be equipped with knowledge of health
resources within the community and take
active roles in primary health care.
-actively participate in programs,
projects and activities that responds to
the problems of society.
Nurses/society…

- lead their lives in conformity with

the principles of right conduct and
proper decorum.

- project an image that will uplift the

nursing profession at all times.
Tickle your brains

Why there is a need that ethics

must be intelligently appraised
and criticized?
•
• 3rd session
• Review on sources and types
of law
• Trace the history of nursing law
• Discussion on RA 9173
• Reminder:
E Portfolio
50 points
Due: 2 days after the exam