LEGAL RESPONSIBILITY

Medical Orders, Drugs, and Medications

Republic Act 6675 states that only validly registered medical,

dental, and veterinary practitioners, whether in private
institution/corporation or in the government, are authorized to
prescribe drugs. Prescriptions made by unauthorized persons
constitute illegal practice of medicine , dentistry or veterinary medicine
and is punishable under R.A. 2832 or the Medical Act of 1959, R.A 4419
or the Dental Act, and R.A. 382 or the Veterinary Act.

In accordance with R.A. 5921, or the Pharmacy Act as a amended

all prescriptions must contain the following information: name of the
prescriber, office address, professional registration number,
professional tax receipt number, patient’s/client’s name, age and sex,
and date of prescription. R.A. 6675 requires that the drug be written in
their generic names.

The dependent and coordinated function of the nurse pertains to

the application and execution of written legal orders of physicians
concerning treatment medications. Only when these orders are in legal
writing and bear the doctor’s signature does the nurse have the legal
write to follow them. Written orders are better understood and chances
of error are minimized if they are clear, specific, complete, and legible.

Verbal orders can be minimized if the nurse seeks a clear

understanding from the physicians in establishing a policy concerning
the importance of written orders.

The general rule requiring a nurse to execute all lawful orders of

a physician is tempered by common sense. The nurse must not
execute an order if she is reasonably certain it will result incurring the
physician’s resentment or ire rather than a lawsuit.
Summary:

One of the most controversial law suit that caused sympathy to

me as a professional and as a nurse to be exact is the Somera Case. It
has always been widely used as an example for many nursing laws and
nursing jurisprudence. Miss Lorenza Somera received a verdict of (1)
year of imprisonment and a civil liability fine of Ph₱ 1,000.00 due to
the death of the patient during a procedure in the Operating Room.
Where she allegedly gave the wrong medication ordered by the doctor.
The latter defended to have ordered Novacaine solution instead of the
mistakenly given solution of 10% Cocaine injection that had caused the
death of the patient during Tonsillectomy operation. Imprudent actions
of the nurse for not verifying the order of the doctor becomes an issue.
Reaction:

It is on occasions such as these, that the nurse must

demonstrate courage and determination verifying orders which are not
clear of which with seen erroneous. As a nurse, good judgment and
common sense plays a major role to help avoid legal problems and
protect patient’s from harm.

Of course, it is not being bias that just because we are nurses

that we feel sympathy for the condemned colleague. What I’m trying
to point out is justice for us nurses! Not all doctor’s mistakes be at our
expense! Just because we follow as what they order? Just because we
implement their therapeutic interventions? And when sudden turn of
events leads to wrong and far from expected they all of a sudden
languish to denial of the act? In turn, blaming us for the order and
action done was not in congruence to the latter? Consequently, leaving
us to face charges by ourselves and them getting away with it?

We nurses must see to it that we understand the action of the

drug, its minimum and maximum dosages, route of administration and
untoward effect so that we may skillfully, safely, and effectively carry
them out. One should be able to report and record the effects on the
patient so that the doctor can judge its therapeutic value and know
when to discontinue their use.

Tests and treatments should be explained to the patient in

accordance with the general health plan of his care so that the patient
can give full consent and cooperate its implementation.