JURISPRUDENCE

• Derives from the Latin Term juris prudentia, which means

“the knowledge of the origin and interpretation of laws.”
• The theory or philosophy of law.
• Difference between Law and Jurisprudence:
• The main difference between law and jurisprudence is
that Law is a system of rules and guidelines, generally
backed by governmental authority and Jurisprudence is a
theoretical study of law, by philosophers and social
scientist.
 TWO BASIC KINDS OF LAW

• PUBLIC LAW and PRIVATE (CIVIL) LAW

• Public Laws are any that regulates the relationship between
individuals and the government, between different institutions
within a state, between different branches of government and
relationships between person that are of direct concern to
society.
• Private Laws includes laws that regulates the relationship
among people. in the Philippines private law is codified as Civil
Code of the Philippines that governs family and property
relations in the Philippines.
 PUBLIC LAW

• Examples of public law include constitutional law, criminal law,

and international law.
• Constitutional law is the body of laws that sets out the basic
rights of citizens and regulates the relationship between the
government and its people.
• Criminal law is used to handle crimes,
• International law helps to govern relationships between
different nations.
 PRIVATE LAW

• Contract, property, and tort laws are all examples of private

law.
• Tort law is a legal system that aids in the resolution of
disputes between private citizens without the use of jail time.
• Property laws aim to regulate property ownership and usage.
• Contract law this branch of law deals with contracts, which
are legally binding agreements between parties. Whether it`s a
car, a house, or a business, contract law that all parties their
and disputes in a and manner.
• Litigation
• Refers to a legal proceeding in a court.
• Litigation involving a radiographer’s professional practice is
most likely to involve the civil law (private law)

• Lawsuit
• legal action brought between two private parties in a court of
law.
• A legal process of filling a case
• A process leading to litigation.
 TORTS

• The word torts is derived from the latin word

“Tortum” means ‘Twisted’ or ‘Crooked’ act.
• Torts denote any wrongful act which causes
injury to any person.
• Torts can either be intentional or unintentional.
 DEFINITION OF TORTS

• According to Salmond, Torts is civil wrong, for which the remedy is an action
for unliquidated damages in common law and which is not exclusively the
breach of trust or other merely equitable obligation.
• According to Winfield, Tortious liability arises from breach of duty primarily
fixed by law, this duty is towards persons generally and its breach is
redressable by an action for unliquidated damages.
• According to Street, Tort is a civil wrong. It is concerned with those situations
where the conduct of one party causes or threatens to harm the interest of
others.
• According to Burdick, An act or omission which unlawfully violates a persons
right created by law and for which appropriate remedy is a common law
action for damages by the injured person.
 CHARACTERISTIC OF TORTS

• 1. It is a civil wrong.
• 2. It arises from breach of duty.
• 3. it is different from the breach of contract and breach of trust.
• 4. it is different that a criminal wrong.
• 5. It is remedied by unliquidated damages.
 ELEMENTS OF TORTS

• Wrongful Acts.
• The act complained must be legally wrongful act.
• An act will be ‘wrongful’ when it affect someone’s
legal right
• A legal right is created by law and is enforceable.
• Legal rights are numerous and it is still growing.
 ELEMENTS OF TORTS

• Legal Injury
• It means ‘Injury in the eye of law’
• Legal injury/damage need not to be identified, actual or pecuniary.
• There must be infringement of legal rights of a person.
• Such infringement of a legal right has a presumption or injury in the eye of
law
• There is no need of actual damage.
• Legal injury can be explained by two maxims.
• 1. Injuria Sine Damnum – legal injury without actual damage
• 2. Damnum Sine Injuria – Actual damage without legal injury
 ELEMENTS OF TORTS

• Legal Remedy
• The wrongful act complained must be such that it may give
rise to a legal remedy in the form of an action for damages.
• The important remedy to constitute ‘tort’ is damages.
• There may be other remedies along with damages like;
injunction, declaration, specific performance, restoration, etc.
• Where the remedy of damages is not available; then the wrong
though civil wrong but it is not torts
 INTENTIONAL TORTS

• FALSE IMPRISONMENT. The illegal restriction of an

individual’s freedom.
• Holding a person against his or her will or using
unauthorized restraints can constitute false
imprisonment.
• ASSAULT. Acting intentionally, that is with either
general or specific intent, causing reasonable
apprehension of an immediate harmful or offensive
contact. Intentionally places another in a state of fear.
 INTENTIONAL TORTS

• BATTERY. The intentional touching of, or application of force to,

the body of another person in a harmful or offensive manner (and
without consent). Battery is often confused with an assault, which
is merely the act of threatening a battery.
• Element of Civil Battery
• 1. Intent – intent to commit injury
• 2. Contact – non-consensual contact with individual or his/her
effect such as clothing
• 3. Harm – battery caused actual harm, meaning physical,
mental, or emotional, not limited to just physical harm
 INTENTIONAL TORTS

• DEFAMATION. The action of damaging the good

reputation of someone. Two forms of defamation;
• 1. Slander – spoken defamation
• 2. Libel – Written defamation
• INVASION OF PRIVACY. Disclosing confidential
information to unauthorized individuals.
• Areas of frequent litigation in Radiology:
• 1. Patient falls and positioning injuries
• 2. Pregnancy
• 3. Errors or delays in diagnosis

• For negligent tort liability, four elements

must be present:
• 1. Duty (what should have been done)
• 2. Breach ( deviation from duty)
• 3. Injury sustained
• 4. Cause (as a result of breach)
 MALPRACTICE AND NEGLIGENCE

• Malpractice claims are lawsuits by a patient against a medical

practitioner for errors in diagnosis or treatment.
• Negligence cases are those in which a person believes that a
medical professional did not perform an essential action or
performed an improper one, thus harming the patient.
 MALPRACTICE

• Post-operative complication. For example, a patient starts

to show signs of internal bleeding in the recovery room. The
incision is reopened, and it is discovered that the surgeon did
not complete closure of all the severed capillaries at the
operation site.
• Res ipsa loquitor. this latin term, which mean “the thing
speaks for itself,” refers to a case in which the doctor’s fault is
completely obvious. For example, if a lung cancer patient has
to have the right lung removed and the surgeon instead
remove the left lung, the patient will most likely sue the
surgeon for malpractice.
 NEGLIGENCE

• Abandonment. A health-care professional who stops care

without providing an equally qualified substitute can be
charged with abandonment. For example. A labor and delivery
nurse is helping a woman in labor. The nurse’s shift ends, but
all the other nurses are busy and her replacement is late for
work. leaving the woman would constitute abandonment.
 NEGLIGENCE

• Delayed treatment. A patient shows symptoms of some

illness or disorder but the doctor decides, for whatever reason,
to delay treatment. If the patient later learns of the doctor’s
decision to wait. The patient may believe he has a negligence
case.
• Negligence cases are sometimes classified using the
following terms;
• 1. Malfeasance refers to an unlawful act or misconduct.
• 2 Misfeasance refers to a lawful act that is done incorrectly.
• 3. Nonfeasance refers to failure to perform an act that is
one’s required duty or that is required by law.
 NEGLIGENCE

• Gross Negligence.
• Act that demonstrate reckless disregard of life
or limb.
• Contributory Negligence
• Instance in which the injured person is a
contributing part to the injury.