Ethos - comes from Greek work w/c means

character/culture
- Branch of Philosophy w/c determines right
and wrong

Defendant accused/respondent or person

who is the subject of complaint
Witness individual held upon to testify in
reference to a case either for the accused or
against the accused.

Moral - personal/private interpretation from

what is good and bad.

Written orders of court

Ethical Principles:

1. Writ legal notes from the court

1. Autonomy the right/freedom to decide (the

patient has the right to refuse despite
the explanation of the nurse)
Example: surgery, or any procedure
2. Nonmaleficence the duty not to
harm/cause harm or inflict harm to
others (harm maybe physical, financial
or social)
3. Beneficence- for the goodness and welfare
of the clients
4. Justice equality/fairness in terms of
resources/personnel
5. Veracity the act of truthfulness
6. Fidelity faithfulness/loyalty to clients

A. Subpoena
1. Subpoena Testificandum a writ/notice to an
individual/ordering him to appear in
court at a specific time and date as
witness.
2. Subpoena Duces Tecum- notice given to a
witness to appear in court to testify
including all important documents

Moral Principles:
1. Golden Rule
2. The principle of Totality The whole is
greater than its parts
3. Epikia There is always an exemption to the
rule
4. One who acts through as agent is herself
responsible (instrument to the crime)
5. No one is obliged to betray herself You
cannot betray yourself
6. The end does not justify the means
7. Defects of nature maybe corrected
8. If one is willing to cooperate in the act, no
justice is done to him
9. A little more or a little less does not change
the substance of an act.
10.
No one is held to impossible
Law rule of conduct commanding what is
right and what is wrong. Derived from an
Anglo-Saxon term that means that which is
laid down or fixed
Court -body/agency in government wherein
the administration of justice is delegated.
Plaintiff complainant or person who files the
case (accuser)

Summon notice to a defendant/accused

ordering him to appear in court to answer the
complaint against him
Warrant of Arrest - court order to arrest or
detain a person
Search warrant court order to search for
properties.
Private/Civil Law body of law that deals with
relationships among private individuals
Public law body of law that deals with
relationship between individuals and the
State/government and government agencies.
Laws for the welfare of the general public.
Private/Civil Law :
1. Contract law involves the enforcement of
agreements among private individuals
or the payment of compensation for
failure to fulfill the agreements
Ex. Nurse and client nurse and
insurance
Nurse and employer client and health
agency
- an agreement between 2 or more
competent person to do or not to
do some lawful act.
- it maybe written or oral= both equally
binding

Types of Contract:
1. Expressed when 2 parties discuss and
agree orally or in writing the terms and
conditions during the creation of the contract.
Example: nurse will work at a hospital for only
a stated length of time (6 months),under stated
conditions (as volunteer, straight AM shift, with
food/transportation allowance)
2. Implied one that has not been explicitly
agreed to by the parties, but that the law
considers to exist.
Example: Nurse newly employed in a hospital
is expected to be competent and to follow
hospital policies and procedures even though
these expectations were not written or
discussed.
Likewise: the hospital is expected to provide
the necessary supplies, equipment needed to
provide competent, quality nursing care.

foresight or prudence
- failure of an individual to provide
care that a reasonable person would ordinarily
use in a similar circumstance.
- An act of omission or commission
wherein a nurse fails to act in accordance with
the standard of care.
Doctrines of Negligence:
1. Res ipsa loquitor the thing speaks for itself
the injury is enough proof of
negligence
2. Respondeat Superior let the master
answer command responsibility
3. Force majuere unforeseen event,
irresistible force
b. malpractice stepping beyond ones
authority
6 elements of nursing malpractice:

Feature/Characteristics/Elements of a
lawful contract:
1. Promise or agreement between 2 or more
persons for the performance of an
action or restraint from certain actions.
2. Mutual understanding of the terms and
meaning of the contract by all.
3. A lawful purpose activity must be legal
4. Compensation in the form of something of
value-monetary
Persons who may not enter into a contract:
minor, insane, deaf, mute and ignorant

1. duty the nurse must have a relationship

with the client that involves providing care and
following an acceotable standard of care.
2. breach of duty the standard of care
expected in a situation was not observed by
the nurse
-is the failure to act as a reasonable, prudent
nurse under the circumstances
-something was done that should not have
been done or nothing was done when it should
have been done

1. Tort law is a civil wrong committed against

a person or a persons property.
- person/persons responsible for the
tort are sued for DAMAGES
- Is based on : ACT OF
COMMISSION something that was
done incorrectly or ACT OF OMMISION
something that should have been done
but was not.

3. foreseeability a link must exist between the

nurses act and the injury suffered

Classification of Tort
1. Unintetional
a. Negligence misconduct or practice that is
below the standard expected of
ordinary, reasonable and prudent person
- failure to do something due to lack of

5. harm/injury physical, financial, emotional as

a result of the breach of duty to the client

4. causation it must be proved that the harm

occurred as a direct result of the nurses failure
to follow the standard of care and the nurse
should or could have known that the failure to
follow the standard of care could result in such
harm.

Example: physical injury, medical

cost/expenses, loss of wages, pain and
suffering

6. damages amount of money in payment of

damage/harm/injury
II. Intentional Tort
Unintentional tort do not require intent bur do
require the element of HARM
Intentional tort the act was done on
PURPOSE or with INTENT
- No harm/injury/damage is needed to be liable
- No expert witnesses are needed
1. Assault an attempt or threat to touch
another person unjustifiably
Ex.: A person who threatens someone with a
club or closed fist.
Nurse threatens a client with an injection after
refusing to take the meds orally.
1. Battery willful touching of a person,
persons clothes or something the
person is carrying that may or may not
cause harm but the touching was done
without permission, without consent, is
embarrassing or causes injury.
Example: a nurse threatens the patient with
injection if the patient refuses his
medsorally. If the nurse gave the injection
without clients consent, the nurse would be
committing battery even if the client benefits
from the nurses action.
1. False Imprisonment unjustifiable detention
of a person without legal warrant to
confine the person
- occurs when clients are made to wrongful
believe that they cannot leave the place
Example: Telling a client no to leave the
hospital until bill is paid Use of physical or
chemical restraints
False Imprisonment
Forceful Restraint=Battery
1. Invasion Of Privacy intrusion into the
clients private domain
-right to be left alone

Types of Invasion the client must be

protected from:
a. use of clients name for profit
without consent using ones
name, photograph for
advertisements of HC agency or
provider without clients
permission
b. Unreasonable intrusion
observation or taking of
photograph of the client for
whatever purpose without clients
consent.
c. Public disclosure of private facts
private information is given to
others who have no legitimate
need for that.
d. Putting a person in a false/bad light
publishing information that is
normally considered offensive but
which is not true.
1. Defamation communication that is false or
made with a careless disregard for the
truth and results in injury to the
reputation of a person
Types:
a. Libel defamation by means of print, writing
or picture
Example: writing in the chart/nurses notes
that doctor A is incompetent because he
didnt respond immediately to a call
a. Slander defamation by the spoken word
stating unprivileged (not legally
protected) or false word by which a
reputation is damaged
Example: Nurse A telling a client that nurse B
is incompetent person defamed may bring the
lawsuit.
The material (nurses notes) must be
communicated to a 3rd party in order that the
persons reputation maybe harmed
Public Law:
1. Criminal Law deals with actions or offenses
against the safety and welfare of the
public.
a. homicide self-defense
b. arson- burning or property
c. theft stealing
d. sexual harassment
e. active euthanasia