NURSING
JURISPRUDENCE
AND ETHICS
Tercero, Ferdinand C., BSN, RN, RN
“terz”
LEGAL
RESPONSIBILITIES
AND THE NURSE
MALPRACTICE
Stepping beyond one’s authority with serious
consequences
Carelessness of a professional personnel
- to determine what is and what is not
careless, the law has developed a standard
of care as a basis
INCOMPETENCE
Lack of ability, legal qualifications or fitness
to discharge the required duty
Although a nurse is registered, if in the
performance of her duty she manifests
incompetency, there is ground for revocation
or suspension of her certificate of
registration
TORTS
Legal wrongs
ASSAULT AND BATTERY
Assault
- is the imminent threat of harmful or bodily
contact
Battery
- is an intentional, unconsented touching of
another person
FALSE IMPRISONMENT OR
ILLEGAL DETENTION
False Imprisonment
- unjustifiable detention of a person without
legal warrant
If a patient has a communicable disease,
hospital cannot be charged if they compel
the patient to stay
Mentally ill patients can also be kept in the
hospital if there is danger that they may take
their own lives or jeopardize the lives and
property of others
INVASION OF RIGHT TO PRIVACY
AND BREACH OF CONFIDENTIALITY
The right to privacy is the right to be left
alone
Publication of any picture of a patient or a
malformed baby without the consent of the
parents or revelation of the contents of the
records of the patient without his consent
constitute tort
DEFAMATION
Slander
- oral defamation by speaking unprivileged or
false words by which reputation is damaged
Libel
- written words, cartoons or such
representations that cause a person to be
avoided or held in contempt
OTHER LEGAL
ISSUES
MORAL TURPITUDE
An act of baseness, vileness or depravity in
social or private duties which a man owes to
his fellow man or society in general, an act
contrary to the accepted and customary rule
of right or duty between men.
MURDER
Is the unlawful killing of a human being with
the intent to kill
Euthanasia is also considered murder
HOMICIDE
Is the killing of a human being by another. It
may be committed criminal intent.
ABORTION
Means the expulsion of the product of
conception before the age of viability
INFANTICIDE
Killing of a child less than three days of age
PARRICIDE
Is a crime committed by one who kills
his/her father, mother or child whether
legitimate or illegitimate
A person convicted of this crime shall be
imposed a penalty of life imprisonment to
death
ROBBERY
Is a crime against a person or property.
The taking of personal property of another
person from him or in his presence
constitutes robbery
SIMULATION OF BIRTH
Is a crime committed by one who enters in a
birth certificate a birth that did not occur.
GIFTS
Four legal requirements
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PRINCIPLES OF
BIOETHICS
AUTONOMY
Self determination and freedom to choose
and implement one’s decision
This includes allowing the patient to refuse
treatment if he so decides
VERACITY
To maximize the efficiency of health care,
the patient and the health care providers are
bound to tell the truth
BENEFICENCE
Promotes doing acts of kindness and mercy
that will directly benefit the patient. These
acts promote the health of the patient,
prevent illness or complications and alleviate
sufferings.
The principle of beneficence follows or
abides by the patients bill of rights
NON - MALEFICENCE
Stated in the negative form to remind health
practitioners to do no harm
Similar to the principle of beneficence but
stated in such a way as it starts with “ no or
NOT”
Nothing shall be done according to the health
team member’s CONSCIENCE
EXAMPLES
Not assisting in or performing abortion
Not assisting persons to commit suicide
Not performing euthanasia or mercy killing
Not harming a person’s reputation by
revealing confidential information
When biological death is imminent, not to
abandon patient
Not participate in treatments or procedures
that will harm the patient
JUSTICE
Right to demand to be treated justly, fairly
and equally.
CONFIDENTIALITY
OF INFORMATION
“Privileged communication”
The patient and his/her family are entitled
to know information or facts within the limits
determined by the physician.
If the patient insists on knowing what his/her
diagnosis is, the nurse may only repeat what
the doctor wishes to disclose.
CONFIDENTIAL INFORMATION
MAY BE REVEALED ONLY WHEN:
1. The patient himself/herself permits such
revelation as in the case of claim for
hospitalization, insurance benefits, among
others
2. The case is medico-legal such as attempted
suicide, gunshot wounds which have to be
reported to the local police or NBI
3. The patient is ill of communicable disease
and public safety may be jeopardized
4. Given to members of the health team if
information is relevant to his care.
According to the law:
“ The privacy of communication and
correspondence shall be inviolable except
upon lawful order of the court or when
public safety and order require otherwise.”
PATIENT’S
RESPONSIBILITIES
1. Providing information
2. Complying with instructions
3. Informing the physician of refusal to
treatment
4. Paying hospital charges
5. Following hospital rules and regulations
6. Showing respect and consideration
PRACTICE EXAM
QUESTIONS
God Bless you!!!
1. Moral turpitude means:
a. contrary to the law
b. Vileness and Baseness
c. Perjury
d. Moral Values
2. A will which is written, dated and signed by
the testator is called:
a. Holographic
b. Expressed will
c. Oral will
d. Simple imprudence
3. The midwife filed a birth certificate when in
fact no birth has really occurred. The crime
is called:
a. Simulation of birth
b. Substitution of a child
c. Breach
d. Abandonment
4. The nurse injected antibiotic to a 3 year old
child without the mother’s consent. The
midwife may be charged of?
a. Libel
b. Slander
c. Assault
d. Battery
5. At the OB ward, a post partum mother fell
from a defective strap. The situation
established a case of?
a. Malpractice
b. Negligence
c. Assault
d. Battery
6. A nurse gave a patient steam inhalation, a
blister was noted at the right paranasal area
after the procedure. The nurse’s practice
can be established by the doctrine of:
a. Respondeat Superior
b. Incompetence
c. Res Ipsa Loquitor
d. None of the above
7. When the nurse forces an IM injection to a
resisting adult patient, the midwife can be
liable for:
a. Assault
b. Battery
c. Deceit
d. Harassment
8. The nurse is working with a client making
use of a walker. The nurse rearranges the
furnitures, removes rugs, and has grab bars
installed in the clients’ bathroom. These
actions reflect the nurse attention to which
ethical principle?
a. Beneficence
b. Veracity
c. Fidelity
d. Justice
9. A nurse is not expected by law to carry out
doctor’s order when:
a. Patient refuses the medicines and
treatments
b. Endangers patient’s life
c. Medicines are very expensive and not
available
d. The order is made by the doctor’s assistant
who is also a doctor
10. Isolation and restriction of a patient’s
freedom in the hospital is legal if:
a. He cannot pay medical and hospital bills
b. He is suffering from a communicable
disease and therefore is governed by local
health laws
c. She is causing nuisance in the hospital
d. All of these
11. All individuals are obliged to take care of
themselves, to maintain a sound mind and
body and to safeguard their dignity:
a. Justice
b. Double effect
c. Totality
d. Stewardship
13. The nurse had a stay in patient in the
hospital for a long time who keeps on giving
her gifts. The midwife in return keeps on
receiving the gifts. What is the most
appropriate ethical principle about receiving
gifts?
a. It is just fine since it is a gift
b. Nurses should not accept gifts
c. Let another person accept it for you
d. Ask the patient to give the gift to you in
secret
13. One of the patients in the ER becomes
verbally abusive when he was being sutured.
In response, the nurse obtains restraints and
threatens the patient. What can the nurse be
liable of?
a. Negligence
b. Assault
c. Battery
d. Invasion of privacy
14. The nurse performs a careful safety
assessment of the elderly client to prevent
her from being hurt. The nurse is acting in
what accord?
a. Fidelity
b. Beneficence
c. Justice
d. Non maleficence
