1. http://www.nursingnotes.info/
Bioethics
• Is ethics as applied to human life or health
• Ex: Abortion or euthanasia
Moral Principles
• Are statements about broad, general, philosophical concepts, such as autonomy and justice. They provide
the foundation for moral rules which are specific prescriptions for actions
• Ex: people should not lie
Autonomy
• The right to make one’s own decisions
Nonmaleficence
• Duty to “do no harm”
Beneficence
• Means “doing good”
• Nurses are obliged to do good, to implement actions that benefit clients and their support persons
Justice
• Referred to as fairness
Fidelity
• To be faithful to agreements and promises
Veracity
• Telling the truth
Responsibility
• Refers to specific accountability or liability associated with the performance of duties of a role
Philippine Nursing Act of 1992 – defines the scope of nursing practice
• Nurses are held responsible and accountable for the quality of performance of their duties.
• Nurses employed in any agencies are directly responsible to their immediate supervisors.
• PDN are held to a standard of conduct that is expected of reasonably prudent nurses.
Nurses’ Bill of Rights
• Nurses have the right of practice in any manner that fulfills their obligations to society and to those who
receive nursing care.
• Nurses have the right to practice in environments that allow them to act in accordance with professional
standards and legally authorized scopes of practice.
• Nurses have the right to a work environment that supports and facilitates ethical practice, in accordance
with the Code of Ethics for Nurses and its imperative statements.
• Nurses have the right to freely and openly advocate for themselves and their patients, without fear of
retribution.
• Nurses have the right to fair compensation for their work, consistent with their knowledge, experience,
and professional responsibilities.
• Nurses have the right to a work environment that is safe for themselves and their patients.
2. • Nurses have the right to negotiate the conditions of their employment, either as individuals or
collectively, in all practice settings.
Unprofessional Conduct
• Incompetence or gross negligence
• Conviction for practicing without a license
• Classification of client’s records
• Legally obtaining, using, or possessing controlled substances
• Having personal relationship with a client
Categories of Confidential Information
• Vital statistics
• Infections and communicable diseases
• Child or elder abuse
• Violent incidents
Definition of a Law
• Is the sum total of rules and regulations by which a society is governed
Functions of the Law in Nursing
• Provides a framework for establishing which nursing actions in the care of the clients are legal
• Differentiates the nurses’ responsibilities from those of other health professional
• Helps establish the boundaries of independent nursing action
• Assists in maintaining a standard of nursing practice by making nurses accountable under the law
Types of Law
1. Public Law
• The body of law that deals with relationships between individuals and the government and
government agencies
• An important segment of public law is criminal law which deals with actions against the safety
2. Private Law/Civil Law
• Body of law that deals with relationships among private individuals
a. Contract law –involves the enforcement of agreements and private individuals or the
payment of compensation for failure to fulfill the agreements
b. Tort law – defines and enforces duties and rights among private individuals that are not
based on contractual agreements
Sources of Law
1. Constitutional Law – supreme law
Establishes general organization of the government
Grants certain powers to the government
Places limitations to what the government may do
Creates legal rights and responsibilities
Foundation for a system of justice
2. Legislation (Statutory Law)
Law enacted by any legislative body
3. Administrative Law – when a state legislature passes a statute, an administrative agency is given the
authority to create rules and regulations to enforce the statutory laws.
4. Common Law – law evolving from court decisions.
Tort Law
3. - Deals with rights and obligations of the person involved in an act; related to injury or harm committed to
a person; invasion of privacy; damage to a person’s property, business, reputation
- Forms: Intentional and Unintentional
Characteristics of Law
• It comes from an authority: the right to declare that the rule exists
• Rule is pronounced and source is identified
• Right to enforce the same is provided
The controlling authority
• Government: embodiment of such control is the constitution
• Constitution is the fundamental law of the land
• Constitution contains principles on which the government is founded; regulates the sovereign powers;
directs to which the powers are entrusted; specifies manner by which the powers are exercised
Pronouncement of the Law
• Declared in writing: to enforce control
• Sources of Pronouncements:
1. Constitution
2. Statues or legislations
3. Regulations
4. Judicial decisions
5. Presidential decrees
6. LOI
Rules of Conduct
• Provided by the law making body
• Issued in writing
• Provisions on consequences for violations
Will
• Legal declaration of a person’s intentions upon death
• Testamentary document because it takes effect after the death of its maker
Decedent
• A person whose property is transmitted through succession whether or not he left a will
o Testator – person who left a will
o Testatrix – woman who makes a will
Heir
• A person called to succession either by the provision of a will or by operation of law
Testate
• A person who dies leaving a will
Intestate
• A person dies without leaving a will
Probate
• Validation of a will in court
Administrator
4. • One who administer the provision of the will
Holographic Will
• A will which is written, dated and signed by the testator
Nuncupative / Nuncupation Will
• Oral will
Six Elements that must be present for a case of nursing malpractice to be proven
1. Duty
o The nurse must have a relationship with the client that involves providing care and following an
acceptable standard of care
2. Breach of duty
o There must be a standard of care that is expected in the specific situation, but that the nurse did
not observe
3. Foreseeability
o A link must exist between the nurse’s act and the injury suffered
4. Causation
o It must be proved that the harm occurred as a direct result of the nurse’s failure to follow the
standard of care and the nurse could have known that failure to follow the standard of care could
result in such harm
5. Harm or injury
o The client or plaintiff must demonstrate some type of harm or injury as a result of the breach of
duty owed the client
6. Damages
o If malpractice caused the injury, the nurse is held liable for damages that may be compensated.
The goal of awarding damages is to assist the injured party to his or her original position so far as
financially as possible.