legal responsibilities mo2k10
TRANSCRIPT
8/6/2019 Legal Responsibilities Mo2k10
http://slidepdf.com/reader/full/legal-responsibilities-mo2k10 1/20
Christian Anthony A. Raagas, St.N
8/6/2019 Legal Responsibilities Mo2k10
http://slidepdf.com/reader/full/legal-responsibilities-mo2k10 2/20
� That within my 30 minutes of discussion about the legal
responsibilities of health care providers, the class would be able
to:
� A. Define what is Tort
� B. Define and differentiate malpractice and negligence.
� C. Identify the elements of malpractice and negligence.
� D. Discuss the doctrines of negligence.� E. Discuss the common crimes concerning the nurse.
� F. Summarize all have been discussed.
8/6/2019 Legal Responsibilities Mo2k10
http://slidepdf.com/reader/full/legal-responsibilities-mo2k10 3/20
� A civil wrong for which remedy may be
obtained. A tort can be any of the following:
� The denial of a person·s legal right
� The failure to comply with a public duty
� The failure to perform a private duty that results in
harm to another.
8/6/2019 Legal Responsibilities Mo2k10
http://slidepdf.com/reader/full/legal-responsibilities-mo2k10 4/20
� - is a more general term referring to a deviation from
the standard of care that a reasonable and prudent
person would use in a particular set of circumstances.
� Reasonable and prudent - generally mean the
average judgment, foresight, intelligence, and skill that
would be expected of a person with similar trainingand experience
8/6/2019 Legal Responsibilities Mo2k10
http://slidepdf.com/reader/full/legal-responsibilities-mo2k10 5/20
� is a more specific type of negligence; deviations from a
professional standard of care; nurses, doctors, lawyers etc. may
be liable for malpractice.
8/6/2019 Legal Responsibilities Mo2k10
http://slidepdf.com/reader/full/legal-responsibilities-mo2k10 6/20
� In order to prove that malpractice or negligence has occurred
four elements must be established -- duty, breach of duty,
causation, and damages.
8/6/2019 Legal Responsibilities Mo2k10
http://slidepdf.com/reader/full/legal-responsibilities-mo2k10 7/20
� 1. Duty
� This is the first element that must be proven in a malpractice
case.
� In nursing, duty is the easiest to prove, especially in a hospital
setting. Since the nurse is an employee of the hospital, and the
patient is a "captive audience", duty arises.
� Duty in nursing usually involves standard of care for a nurse.
8/6/2019 Legal Responsibilities Mo2k10
http://slidepdf.com/reader/full/legal-responsibilities-mo2k10 8/20
� 2. Breach of duty
� once the standard of care has been established and a legalduty is shown, the injured party must prove that a breach of
this duty has occurred.
� For example water spilled in a hospital corridor may
result in a fall. Therefore the water should be
removed as soon as it is seen by whoever sees it first.
8/6/2019 Legal Responsibilities Mo2k10
http://slidepdf.com/reader/full/legal-responsibilities-mo2k10 9/20
� . Causation
�
proving causation, the third criterion of negligence can bedifficult. Causation means that the injury must have been
actually caused by the breach of duty.
two subconcepts:� Cause in fact - the cause of the damage was the breach of
duty. If it were not for the breach of duty, the injury would not
have occurred.
� Proximate cause -refers to legal cause - what the courts will
consider as a basis for liability.
8/6/2019 Legal Responsibilities Mo2k10
http://slidepdf.com/reader/full/legal-responsibilities-mo2k10 10/20
� 4. Damages
�- In order to recover damages in a malpractice action, actualdamages must have occurred to the injured party. In most cases
it is impossible to restore the patients to their original physical
condition. Therefore financial damages are awarded.
8/6/2019 Legal Responsibilities Mo2k10
http://slidepdf.com/reader/full/legal-responsibilities-mo2k10 11/20
� 1. RES IPSA LOQUITOR
� ´the things speak for itselfµ
� the injury is enough proof of negligence
�
� 2. RESPONDEAT SUPERIOR� Let the master answer for the acts of the subordinate
� The liability is expanded to include the master as well as the employee
�
� . FORCE MAJEURE
� Irresistible force; unforeseen or inevitable event� No person shall be responsible for those events which cannot be foreseen.
� Ex. Flood, fire, earthquake
8/6/2019 Legal Responsibilities Mo2k10
http://slidepdf.com/reader/full/legal-responsibilities-mo2k10 12/20
� 1. Rape:
� a.) Ordinary rape ² forcible penetration of sex organ to a sex
organ
�b.) Sexual assault ² anything forcibly inserted to any orifice.
8/6/2019 Legal Responsibilities Mo2k10
http://slidepdf.com/reader/full/legal-responsibilities-mo2k10 13/20
� 2. MURDER- killing of another with intent
� . HOMICIDE- unintentional killing of another person
� 4. PARRICIDE -Killing of a person to whom you have a
relationship:
� father
� mother
� brothers/sisters
� ascendants
� descendants
�
spouse
8/6/2019 Legal Responsibilities Mo2k10
http://slidepdf.com/reader/full/legal-responsibilities-mo2k10 14/20
� 5. ABORTION- termination of product of conception before
the age of viability.
� 6. INFANTICIDE - the killing of an infant less than three days
or 72 hours
8/6/2019 Legal Responsibilities Mo2k10
http://slidepdf.com/reader/full/legal-responsibilities-mo2k10 15/20
� 7. ROBBERY - Anyone who gets the personal property of
another with the use of force, violence or intimidation.
� 8. THEFT- -anyone who gets the personal property of another
without the latter·s permission.
8/6/2019 Legal Responsibilities Mo2k10
http://slidepdf.com/reader/full/legal-responsibilities-mo2k10 16/20
� 9. SIMULATION OF BIRTH
� Pretend that a woman gave birth
� Substitution or exchanging of babies in the nursery
� Intentionally putting wrong information in the birth registration
form
� P.D. 651 ² Birth Registration Act - requires any person (RN,OB, midwife)
who shall assist in giving birth to report within 30 days without penaltyany live birth at Local Civil Registrar·s Office
8/6/2019 Legal Responsibilities Mo2k10
http://slidepdf.com/reader/full/legal-responsibilities-mo2k10 17/20
� 10. DISPENSING OF PROHIBITED DRUGS
� R.A. 6425 (1965) ² Dangerous Drugs Act
� Prohibited ² chemicals or substances that are totally andabsolutely can·t be consumed by human being.
� Ex. Shabu, cocaine, cannabis
� Regulated ² can use this drug - with appropriate prescription -
MD with appropriated license� Ex.- Valium, dormicum
8/6/2019 Legal Responsibilities Mo2k10
http://slidepdf.com/reader/full/legal-responsibilities-mo2k10 18/20
� PENALTY FOR VIOLATING THE ACT
(For licensed health care providers )
� Fines
� Imprisonment
� Automatic revocation of license
8/6/2019 Legal Responsibilities Mo2k10
http://slidepdf.com/reader/full/legal-responsibilities-mo2k10 19/20
� A. Tort
� B. Define and differentiate malpractice and negligence.
� C. elements of malpractice and negligence.
� D. doctrines of negligence.
� E. common crimes concerning the nurse.
8/6/2019 Legal Responsibilities Mo2k10
http://slidepdf.com/reader/full/legal-responsibilities-mo2k10 20/20
TheEnd!ng