NCM 105 – Nursing

Jursiprudence
Ailyn B. Pineda
Lecturer
LEGAL CONCEPTS
AND ISSUES IN
NURSING
 RESPONSIBILITY AND
ACCOUNTABILITY FOR THE
PRACTICE OF PROFESSIONAL
NURSING
Nurses employed in an agency,
institution or hospital are directly
responsible to their immediate
supervisors. Private duty nurses,
being independent practitioners, are
held to a standard of conduct that is
expected of reasonable prudent
nurse
 WHAT IS LIABILITY?
 Isan obligation or debt that can
be enforced by law. A person who
is liable for malpractice is usually
required to pay for damages.
Damages refer to compensation
in money recoverable for a loss of
damage.
PROFESSIONAL NEGLIGENCE
 “NEGLIGENCE” refers to the
commission or omission of
an act, pursuant to a duty,
that a reasonably prudent
person in the same or similar
circumstance would or would
not to, and acting or the
non-acting of which is the
proximate cause of injury to
another person to his
 ELEMENTS OF PROFESSIONAL
NEGLIGENCE
1. Existence of a duty on the part of
the person charged to use due
care under circumstances
2. Failure to meet the standard of
due care
3. The foreseeability of harm
resulting from failure to meet the
standard
4. The fact that the breach of this
standard resulted in an injury to
1. Errors due to family assistance
2. Administration of medicine
without a doctor’s prescription
 THE DOCTRINE OF RES IPSA
LOQUITUR
 “The thing speaks for itself”
When the harm that resulted
from negligence and the
responsibility for the harm are
clear that anyone would agree
on it, the term res ipsa
loquitur is used
 SPECIFIC EXAMPLES OF
NEGLIGENCE
1. Failure to report observations to attending
Physicians
2. Failure to exercise the degree of diligence
which the circumstances of the particular
case demands
3. Mistaken Identity
4. Wrong medicine, wrong concentration,
wrong route, wrong dose
5. Defects in the equipment such as
stretchers and wheelchairs may lead to falls
 CONDITIONS THAT ARE NECESSARY
FOR THE APPLICATION OF THE
DOCTRINE:
1. The accident must be a kind
which ordinarily does not occur in
the absence
of someone’s negligence
2. The accident must be caused by
an agency or instrumentality within
the exclusive control of the
defendant
3. The accident must not have been
due to any voluntary action or
MALPRACTICE
 Impliesthe idea of improper
or unskillful care of a patient
by a nurse. It also denotes
stepping beyond one’s
authority with serious
consequences
EXAMPLES OF MALPRACTICE:
 Misdiagnosis of an illness, failure to
diagnose or relay diagnosis
 Birth Injuries
 Surgical Complications
 Prescription errors
 Failure to provide treatment
 Anesthesia related complications
 Failure to follow advance directive
 Failure of hospital or pharmacy to
dispense the right medicine, dosage
DOCTRINE OF FORCE MAJEURE
 It is an irresistible or superior force, one
that cannot be foreseen or prevented;
a fortuitous event, and “act of God”. No
person shall be held liable for
nonperformance of what was expected
of him/her if the cause of the
nonperformance was a force majeure
(e.g. devastating typhoons,
earthquakes
and other calamities)
 DOCTRINE OF
RESPONDEAT SUPERIOR
 Means “let the superior answer; let
the principal answer for the acts of his
agent”
 The doctrine is founded on the principle
that he who expects to derive
advantage from an act which is done by
another for him must answer for any
injury which a third person may sustain
from it. The doctrine rests upon the
proposition that, in doing the acts out of
 EXAMPLES:
 The hospital will be held liable, if, in
an effort to cut down on expenses it
decides to hire underboard nurses or
midwives in place of professional
nurses, and these persons prove to be
incompetent
 The surgeon will be held responsible
in case a laparotomy pack is left in a
patient’s abdomen
 INCOMPETENCE
 Is the lack of ability, legal
qualifications or fitness to
discharge the required duty
 Although a nurse is registered, if
in the performance of her duty
she manifests incompetency,
there is ground for revocation or
suspension of her certificate of
registration
LIABILITY OF NURSES FOR
THE WORK OF NURSING
AIDES
 Nursing aides perform selected
nursing activities under the direct
supervision of nurses. They usually
given on-job-training by the Training
staff. Their responsibilities usually
pertains to the routine care of
chronically ill patients. They are
therefore responsible for their own
LIABILITY FOR THE WORK
OF NURSING STUDENTS
 Under the Philippine
Nursing Act of 2002 R.A.
9173, nursing students do
not perform professional
nursing duties. They are to
be supervised by their
clinical instructors.
 GUIDELINES TO AVOID
MISTAKES OF NURSING
STUDENTS
1. Nursing students should always be
Nursing students should always be
under the supervision of their clinical
instructors
2. They should be given assignments
that are at their level of training ,
experience, and competency
3. They should be advised to seek
guidance especially if they are
performing procedure for the first
time
5. Their performance should be
assessed frequently to determine
their strengths and weaknesses
6. Frequent conferences with the
students will reveal their
problems which they may want
to bring to the attention of their
instructors or vice-versa.
Discussion of these problems will
iron out doubts and possible
 LEGAL DEFENSE IN
NEGLIGENCE
 The most common defense in a
negligent action is when nurses
know and attain that standard of
care in giving service and that
they have documented the care
they give in a concise and
accurate manner
 If the patient’s careless conduct
contributes to his own injury, the
patient cannot bring suit against
 MEDICAL ORDERS, DRUGS,
AND MEDICATIONS
 R.A. 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.
 In accordance with R.A. 5921, or the
pharmacy Act as 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
 IV Therapy and Legal Implications
Philippine Nursing Act of 1991 Section
28
states that in the administration of
intravenous injection, special
training shall be required according
to protocol established
Board of Nursing Resolution No. 8
states that without such training
and who administers intravenous
injections to patients shall be held
liable either criminally under Sec 30
Art. VII of said law or
administratively under sec 21 Art III
 SCOPE OF DUTIES AND
RESPONSIBLITIES IN IV THERAPY
1. Interpretation of the doctor’s orders for
IV therapy
2. Performance of venipuncture, insertion
of needles, cannulas except TPN and
cutdown
3. Preparation, administration, monitoring
and termination of intravenous solutions
such as additives, intravenous
medications, and intravenous push
4. Administration of blood/blood products
5. Recognition of solutions and medicine
incompatibilities
6. Maintenance and replacement of sites,
tubings, dressings, in accordance with
established procedures
7. Establishment of flow rates of solutions,
medicines, blood and blood
components
8. Utilization of thorough knowledge and
proficient technical ability in the
use/care, maintenance, and evaluation
9. Nursing management of total
parenteral nutrition, out-patient
intravenous care
10. Maintenance of established
infection control and aseptic
nursing interventions
11. Maintenance of appropriate
documentation, associated with
the preparation, administration
and termination of all forms of
intravenous therapy.
 Telephone Orders
 Doctors should limit telephone orders to
extreme emergency where there is no
alternative. The use of telephone in a non
emergency as a substitute for the physician
himself can lead to serious error and may
border on malpractice.
 Nurse should read back such order to the
physician to make certain the order has been
correctly written.
 Such order should be signed by the physician
within 24 hours
 The nurse should sign the physician’s name
per her own and note the time and order was
received
 CONSENT TO
MEDICAL AND
SURGICAL
PROCEDURE
 Consent is defined as a “ free and
rational act that presupposes knowledge
of the thing to which consent is being
given by a person who is legally capable
to give consent”
 Nature of consent- an authorization by
the patient or a person authorized by the
law to give the consent on the patient’s
behalf.
 Informed Consent-A written consent
should be signed to show that the
procedure is the one consented to and
that the person understands the nature of
the procedure
 The nurse’s responsibility in
witnessing the giving of
informed consent involves:
 (1) witnessing the exchange b/w
the client and the physician (2)
witnessing the client affix his
signature (3) establishing that
the client really understood.
 ESSENTIAL ELEMENTS OF
INFORMED CONSENT:
1. The diagnosis and explanation of the
condition
2. A fair explanation of the procedures to
be done and used and the
consequences
3. A description of alternative treatments
or procedures
4. A description of the benefits to be
expected
5. Material rights if any
 WHO MUST
CONSENT?
Patient must consent in his own
behalf
If he is incompetent, or physically
unable, and is not in emergency
case, consent must be taken from
another who is authorized to give it
 CONSENT
OF MINORS
Parents or someone standing in
their behalf, gives the consent to
medical or surgical treatment of a
minor. Parental consent is not
needed if the patient is married or
emancipated
CONSENT OF
MENTALY ILL
A mentally incompetent person
cannot legally consent to medical
or surgical treatment. The consent
must be taken from parents or
legal guardian
 MENTAL COMPETENCY
 All
patients are presumed to
be competent unless declared
incompetent by a court of law.
Supporting documentation of the
patient’s behaviors, speech,
decision making and physical and
mental status are very useful in
establishing his/her mental
EMERGENCY
SITUATION
No consent is necessary because
inaction at such time may cause
greater injury. If time is available
and an informed consent is
possible, it is best that this be
taken to protect all the parties
 REFUSAL TO
CONSENT
A patient who is mentally and
legally competent has the right to
refuse the touching of his body or to
submit to a medical or surgical
procedure no matter how
necessary, nor how imminent the
danger to his life or health if he fails
 CONSENT FOR
STERILIZATION
Sterilization is the termination of
the ability to produce offsprings.
The husband and the wife must
consent to the procedure if the
operation is primarily to accomplish
sterilization. If emergency cases like
ectopic pregnancy and abruptio
 MEDICAL RECORDS
 Was created as a means of
communication among health care
practitioners. Today medical records
serve two important functions: to
provide legal documentation, and
obtain third party payments (e.g.
Medicare) They are good evidence in
legal suits but are not admissible
evidence against the patient.
 “ If information is not charted, it was
CHARTING DONE BY
NURSING
STUDENTS
 LEGAL RISKS FOR
SAFETY EQUIPMENT
The nurse should exercise
reasonable care in selecting
equipment to be used in patients.
Generally, a nurse is not liable for a
non-observable and non-
discoverable defect in the
 WHAT IS A CONTRACT?

 Is
a meeting of minds between
two persons where they bind
themselves to give something or
to render some services.
Practically anything could be
subjected to a contract as long
as these are not contrary to law,
morals, good customs, public
 Kinds of Contracts
 Formal Contracts- refers to an
agreement b/w parties and is
required to be in writing. E.g.
marriage contracts
 Informal Contracts- one in which
concluded as the result of a written
document where the law does not
require the same to be in writing.
 Express Contracts- The one in
which the conditions and terms of
contract are given orally or in writing
by the parties concerned. E.g. PDN
 Implied Contracts- one that is
concluded as a result of acts of
conduct of the parties to which the
law ascribes an objective intentions
to enter into a contract.
 Void contracts- one that is
inexistent from the very beginning
and therefore may not be enforced.
 Illegal contracts- one that is
expressly prohibited by law
 Illegal Contracts
 Those that are made in
protection of the law
 Consent obtained by fraud
 Those obtained under duress
 Those obtained under undue
influence
 Those obtained through material
misrepresentation
INTENTIONA
L WRONGS
A nurse may be held liable for
intentional wrongs
 TORTS
A tort is a legal wrong, committed
against a person or property
independent of a contract which
renders the person who commits
it liable for damages in a civil
action. A person who has been
wronged seeks compensation for
the injury or wrong he has
suffered from the wrong doer.
 EXAMPLES OF TORT:
 ASSAULT AND BATTERY. Assault is a
unjustifiable attempt to touch another
person or even the threat of doing so
while Battery is the actual carrying out
of the threatened physical contact
 DEFAMATION of character occurs where
a person discusses another individual
in terms that diminish reputation. Libel
is written defamation. Slander is oral
Defamation
 FALSE IMPRISONMENT

 Is the infringement of upon an

individual’s freedom of movement.
It is making someone wrongfully
feel that he or she cannot leave the
place.
 The unjustifiable detention of a
person without a legal warrant
within boundaries fixed by the
defendant by an act or violation of
duty intended to result in such
 USE OF
RESTRAINTS
 Restraints should be used
with caution and discretion.
All patients should have the
right to independence and
freedom of movement.
Restraints require a
physician’s order. If a patient
or his legal guardian refuses
to be restrained, this should
be documented in the
patient’s medical record.
 INVASION OF RIGHT TO
PRIVACY AND BREACH OF
CONFIDENTIALITY
 The right to privacy is the right to be left
alone, the right to be free from
unwarranted publicity and exposure to
public view as well as the right to live one’s
life without having anyone’s name, picture
or private affairs made public against one’s
will.
 Nurses may become liable for invasion of
right to privacy if they divulge information
from
a patient’s chart to improper sources or
 DEFAMATION

 Occurs when a person discusses another

individual in terms that diminish
reputation.
 SLANDER- is oral defamation of a
person by speaking unprivileged or false
words by which his reputation is
damaged
 LIBEL- is defamation by written words,
cartoons or such representations that
cause a person to be avoided, ridiculed
 CRIMES,
MISDEMEANORS, AND
FELONIES
 CRIME is defined as an act
committed or omitted in
violation of the law. Criminal
offenses are composed of two
elements: (1) Criminal Act (2)
Evil/criminal intent
 In criminal action, the state
seeks the punishment of the
wrongdoers
 Conspiracy to commit a
crime
 Principals- are those who take a direct part in
the execution of the act, who directly force or
induce others to commit it; or who cooperate in
the commission of the offense by another act
without which it would not have been
accomplished.
 Accomplices- are those who, not being
principals, cooperate in the execution of the
offense by previous and simultaneous act.
 Accessories- are those who, having the
knowledge of the commission of the crime.
Assisting the offender to profit from the crime
either by disposing the body, concealing or
assisting in escape of the principal of the crime.
 Criminal Actions
 Deal with acts or offenses against
public welfare.
 Misdemeanor- a general name for
criminal offense which does not in
law amount to felony.
 Felony- a public offense for which a
convicted person is liable to be
sentenced to death or be imprisoned
in a penitentiary or prison. It is
committed with deceit and fault.
 Criminal Negligence
 Reckless Imprudence- when a
person does an act or fails to do
involuntary without malice, from
which damage results
immediately.
 Simple Imprudence- means
that the person or nurse did not
use precaution and the damage
was not immediate or the
impending danger was not
 Criminal Intent
 Is the state of mind of a person at the
time the criminal act is committed, that
is, he/she knows that an act is lawful
and still decided to do it anyway.
 Deliberate intent includes two other
elements without which there can be no
crime. These are freedom and
intelligence.
 When a person accused of the crime
offers evidence showing insanity,
necessity, compulsion, accident, or
infancy the court will decide if he did not
commit a criminal offense and will
declare the person not guilty.
 Classes of Felonies
 Felonies are classified according to degree of
the acts of execution
 Consummated- when all the elements
necessary for its execution and
accomplishment are present.
 Frustrated- when the offender performs all the
acts or execution which will produce the felony
as a consequence but which nevertheless, do
not produce it by reason of causes
independent of the will of the perpetrator.
 Attempted- when the offender commences the
commission of the same directly by overt acts,
and does not perform the acts which shall
produce the felony.
 Consummated felonies as well as attempted
and frustrated are all punishable by law.
 Felonies according to degree of
punishment
 Grave Felonies- are those to which the law
attaches the capital punishment or penalties
which in any of their periods are afflictive.
(imprisonment ranging from 6 yrs and 1 day
with fine not exceeding P6,000)
 Less Grave Felonies- are those which the law
punishes with penalties which in their
maximum period are correctional
(imprisonment ranging from 1 month and 1 day
to 6 yrs or fine not exceeding 6,000 but not
below 200)
 Light Felonies- are those infractions of law for
the commission of which the penalty of “arresto
menor” (imprisonment for 1 day to 30 days or a
fine not exceeding 200 or both of which are
 Circumstances
Affecting Criminal
Liability
PREPARED BY:
ailyn brillo pineda
 Circumstances
affecting Criminal
Liability

J-E-M-A-A
Circumstances affecting Criminal
Liability
 Justifying
Circumstances
SELF-DEFENSE
These are the defenses
in which the accused is
deemed to have acted
in accordance with the
law and therefore the
act is lawful. Since the
act is lawful, it follows
that there is no
criminal, no criminal
 Justifying Circumstances
A person may not incur criminal liability under the following
circumstance:
 There is no mens rea or criminal intent
 The circumstances pertain to the act and not to the actor.
Hence all who participated in the act will be benefited. Thus if
the principal is acquitted there will be no accomplices and
accessories.
 These apply only to intentional felonies, not to acts by
omissions or to culpable felonies or to violations of special laws
 When he acts in defense of his rights
 When he acts in defense of his relatives rights
 When he acts in defense of a strangers rights and that the
person defending is not induced by revenge or evil motives.
 When any person who, in order to avoid an injury does an act
which causes damage to another provided that an evil sought
to be avoided actually exists.
 Circumstances affecting Criminal
Liability

 ExemptingCircumstan
ces

These are defenses

where the accused
committed a crime but is
not criminally liable.
There is a crime, and
there is civil liability  but
 Exempting Circumstances
There are certain circumstances under which the law exempts a
person from criminal liability
 The basis is the lack of any of the elements which makes the
act/omission voluntary, i.e. freedom, intelligence, intent or due
care.
 These defenses pertain to the actor and not the act. They are
personal to the accused in whom they are present and the
effects do not extend to the other participants. Thus if a
principal is acquitted, the other principals, accessories and
accomplices are still liable.
 They apply to both intentional and culpable felonies and they
may be available in violations of special laws.
 An imbecile or an insane person, unless the latter has acted
during a lucid interval
 A person under nine years of age
 A person over nine years of age and under fifteen unless he
acted with discernment.
 A person while performing a lawful act with due care causes an
 MITIGATING CIRCUMSTANCES
 Are those which do not constitute
justification or excuse of the offense in
question, but which, in fairness and mercy,
may be considered as extenuating or
reducing the degree of moral culpability.
2. Circumstances which are otherwise
justifying or exempting were it not for the
fact that all requisites necessary to justify
the act or to exempt the offender from
criminal liability in the respective cases are
not attendant
3. When the offender has no intention to
commit so grave a wrong as the one
committed
1. When sufficient provocation or threat on the
part of the offended party immediately
precedes the act
2. When the act is committed in the immediate
vindication of a grave offense to the one
committing the felony, his/her spouse,
ascendants, descendants, legitimate, natural
or adopted brothers, or relative by affinity
within the same degree
3. When a person acts upon an impulse so
powerful as naturally to have produced an
obfuscation
4. When the offender voluntarily surrenders
himself to a person in authority or confesses
before the court prior to the presentation of
 AGGRAVATING
CIRCUMSTANCES
 Are those attending the commission of a crime
and which increase the criminal liability of the
offender or make his guilt more severe.
2. When the offender takes advantage of his
public position
3. When the crime is committed in contempt of
or with insult to public authorities
4. When the act is committed with insult or
disregard of the respect of the offended party
on account of his rank, age, sex
 AGGRAVATING
CIRCUMSTANCES
4. When the act is committed with abuse or
confidence or obvious ungratefulness
5. when a crime is committed in a place of
worship
6. When the crime is committed on the
occasion of a conflagration, shipwreck,
earthquake, epidemic or other calamity
or misfortune
7. When the crime is committed in
consideration of a price, reward or
promise
8. When the crime is committed by means
 AGGRAVATING
CIRCUMSTANCES
9. When the act is
committed with evident
premeditation or after
unlawful entry
10. When craft, fraud, or
disguise is employed
when the wrong done in
the commission of the
crime is deliberately
augmented by causing
ALTERNATIVE CIRCUMSTANCES
 thosewhich may either
be appreciated as
mitigating or
aggravating according
to the nature and
effects of the crime and
other conditions
attending its
commission.
 LACK OF EDUCATION IS NOT
MITIGATING IN:
1. Rape
2. Forcible abduction
3. Arson
4. Treason
5. In crimes against chastity like seduction
and acts of lasciviousness
6. Those acts committed in a merciless or
heinous manner
 MORAL TURPITUDE

 isan act of baseness,

vileness or depravity in
social or private duties
which a man owes to his
fellow man or to society in
general, an act contrary to
the accepted and customary
rule of right and duty
 MURDER

- is the unlawful killing of

a human being with
intent to kill. It is a very
serious crime. Nurses
should keep in mind that
death resulting from a
criminal abortion is
murder. Euthanasia is
also considered murder.
 HOMICIDE
- is the killing of a human
being in another. It may be
committed without criminal
intent, by any person whom
kills another, other than his
father, mother, or child or
any of his ascendants or
descendants, or his spouse,
without any of the
circumstances attendant
the crime of murder
 ABORTION

- is illegal according to the

revised penal code. The
patient should assume
responsibility for her
abortion. She should be
made to sign a statement
relieving the hospital and
its personnel from liability
 INFANTICIDE- IS THE KILLING OF A
CHILD LESS THAN THREE DAYS OF AGE.
The mother of the child who commits this
crime shall suffer penalty of
imprisonment ranging from two years and
four months and 1 day to 6 years
 PARRICIDE- is a crime committed by one
who kills her/his father, mother or child
whether legitimate or illegitimate, or any
of his/her ascendants or descendants or
his/her spouse.
 ROBBERY- is a crime against a person or
 CONTROLLED
SUBSTANCES
 R.A. 6425 known as the Dangerous Drug
Act of 1972 covers the administration
and regulation of the manufacture,
distribution, dispensing of controlled
drugs.
 Persons authorized to prescribe or
dispense these drugs are required to
register and have a special license for
this purpose
POINTS TO OBSERVE IN ORDER
TO AVOID CRIMINAL LIABILITY
1. Be very familiar with the Philippine
Nursing Law
2. Beware of laws that affect nursing
practice
3. At the start of employment, get a
copy of your job description, the
agency’s rules, regulations and
policies
4. Upgrade your skills and competence
5. Accept only such responsibility that is
6. Do not delegate your responsibility to
others
7. Determine whether your subordinates
are competent in the work are
assigning them
8. Develop good interpersonal
relationships with your co-workers,
whether they be your supervisors,
peers, or subordinates
9. Consult your superiors for problems
that may be too big for you to handle
10. Verify orders that are not clear to you
11. The doctors should be
informed about the patient’s
condition
12. Keep in mind the value and
necessity of keeping accurate
and adequate records
13. Patients are entitled to an
informed consent
 WILLS
 It is a legal declaration of a person’s
intentions upon death.
 It is called 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. If he left a
will he is called a TESTATOR. If a
woman TESTATRIX
 HOLOGRAPHIC WILL- a will that is
 HEIR is a person called to succession
either by the provision of a will or by
operation of law
 There should be a witness who knows the
handwriting and signature of the testator
explicitly declares that the will and the
signature are in the handwriting of the
testator
 ORAL WILL is also called as NUCUPATIVE
WILL or NUNCUPATION it is during the last
illness, that it is done in the place in
which a he dies, that he asked one or
 NURSE’S OBLIGATION IN
THE EXECUTION OF A
WILL
 The nurse should note the
soundness of the patient’s mind and
that there was free from fraud or
undue influence and that the patient
was above 18 years or of age .
 The patient should write that the will
was signed by the testator, that the
witnesses were all present at the
same time and signed the will I the
presence of the testator
 LIVING WILL
 Is an individual’s signed request
to be allowed to die when life
can be supported only
mechanically or by heroic
measures.
 It also includes the decision to
accept or refuse any treatment,
service or procedure used to
diagnose or treat his/her physical
or mental condition and
ADVANCE DIRECTIVE & HEALTH
CARE PROXY
The patient designates a health care
representative, usually a member of the
family, a friend or a family physician to
make decisions for him/her when he/she
is unable, due to physical or mental
incapacity, accept or refuse treatment,
service or procedure used to diagnose
or treat his/her physical or mental
condition and decisions to provide,
withhold or withdraw life sustaining
measures
 WHAT SHOULD A NURSE
REMEMBER ABOUT WILLS?
 A nurse especially those taking care of
well-to-do patients should remember that
the main requisite for making a will is
testamentary capacity or sanity. The
person who makes a will should at least
be 18 years old and is not prohibited by
law. The will is written and should be
witnessed by three credible witnesses,
unless it is holographic will. A Holographic
will is one that is entirely written, dated
and signed by hand. There is no legal
 WHAT IS AN INCIDENT
REPORT
 It is an administrative report that is
required of nurses if there are
violations of standards and policies
whether or not injury occurs.
 Through incident reports, hospital
administration can monitor quality of
patient care and institute some
measures to prevent similar incidents
in the future.
COMMON LEGAL TERMS THAT A
NURSE SHOULD KNOW:
 Affidavit- is a written statement made
under oath before a notary public or other
person duly authorized
 Contempt of Court- is the willful
disobedience to, or open disrespect for, the
rules of court
 Defendant- the person being accused of a
wrongdoing; the therefore needs to defend
themselves
 Day in court- the right of a person to
 Due process- is fair and orderly process
which aims to protect and enforce a person’s
rights
 False Testimony- is punishable both
criminal and civil law
 Hearsay Evidence- is evidence that is
derived from something the witness heard
from others
 Inquest- is the legal inquiry into the cause
or manner of a death
 Perjury- is the willful telling of a lie under
oath
 Plaintiff- the person who files the lawsuit
and is seeking for a perceived wrongdoing
 Prima facie Evidence- evidence, which
if unexplained or uncontradicted would
establish the fact alleged
 Privileged Communication- statements
uttered in good faith. These are not
permitted to be divulged in court justice.
 Statute of Limitations- define the
length of time following the event during
which the plaintiff may file the lawsuit
 Subpoena- is an order that requires a
person to attend at a specific time and
place to testify as witness
 Subpoena Duces Tecum- is a
subpoena that requires a witness to
bring required papers/ documents and
the like which may be in his possession
 Summons- is a writ commanding an
authorized person to notify a party to
appear in court to answer a complaint
made against them
 Warrant- is writing from a competent
authority in pursuance of law, directing
the doing of an act, and addressed to a
person competent to do it
 GOD BLESS!!!
THE END