Intentional Wrongs

• intentional tortuous acts that

arise in the performance of duties
 Torts
• a legal wrong, against person or property
independent of contract that renders a
person committing it liable for damages.
• Person who been wronged seeks
compensation for injury or wrong he
suffered from the doer.
Examples:

• 1,Assault – imminent threat of

harmful or offensive bodily
contact.
• Battery – the willful, intentional &
unconsented touching of a person.
- secure a consent.
2, False Imprisonment:

• unjustifiable detention of a
person without legal warrant
within boundaries fixed by the
defendant by an act or violation
of duty intended to result in such
confinement
3, Invasion of Privacy & Breach of
Confidentiality:
• right to be left alone
• right to be from any unwarranted
publicity & exposure to public view
• right to live one’s life without
anyone’s name, picture or private
affairs made public against one’s will
Principle of Confidentiality:

• keeping secrets; control of the right to

access to information
Confidential information
–Termed as the “privileged
communication”.
–Given based on trust.
–Patients and/or relatives are
expected to give the necessary
information so that proper
diagnosis and treatment could be
made.
–Patient and/or family is entitled to
know information or facts within
the limits determined by the
physician.
–The nurse may only repeat the
information that his physician
wishes to disclose.
–Any information given by the
patient should always be treated
as confidential.
Who will observe Confidentiality?

• Nurses
• Physicians
• Pharmacists
• Med Techs
• Chaplains
• Student Nurses
• All other personnel
When does Confidentiality End?

• if the pt gives his/her consent

ex. during insurance claims

• if its revelation is for the common

good
ex. highly contagious disease
gunshot wounds
4, Defamation
- the injury of a person’s reputation
or character by willful & malicious
statements made to a third person.
a, Slander –
an oral statement made w/ intent to
dishonor or defame another person
when made in the presence of a
third person.
b, Libel –
a false malicious writing that is
intended to defame or dishonor
another person & is published so
that someone besides the one
defamed will observe it.
 Crimes:
- 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, state seeks
the punishment of the offenders.
Misdemeanor
- an unlawful act of a less serious
nature than a felony.
- punishment is usually a fine or
imprisonment for a term of less
than one year.
Conspiracy to Commit a Crime
- exist when two or more
persons agree to commit a felony
& decides to do it.
“a crime of a serious nature
usually punishable imprisonment
for a period of longer than one
year”.
- committed with deceit and fault.
- deceit exists if performed w/
deliberate intent & there is fault
when acts results from
imprudence, negligence, lack of
skill or foresight
Persons who Commit
Felony:

- Principal
- Accomplice “partner in crime”
- Accessories
Principal
- takes direct part in execution of the act
- directly force or induce others to
commit it
- cooperates in the commission of the
offense by another act w/o which it
wouldn’t have been accomplished.
Accomplice
- persons who, not being principals,
cooperate execution of offense by
previous or simultaneous act
- to hold a person liable as an
accomplice, it must be shown that
he had knowledge of intention of
principal
- contribute to commission, whether
physical or moral
Accessories
-take part subsequent to its
commission by profiting
themselves or assisting the
offender profit from the effects
of the crime.
Circumstances Affecting
Criminal Liability:
“ refers to the conditions that
may affect the act”
A. Justifying
- wherein a person may not
incur criminal liability under
the following circumstances:
*defense of self or spouse
*fulfillment of duty
B. Exempting
- circumstances exempted by law
from criminal liability for the
crime one may have committed
*imbecile/insane persons
*under 9 yrs of age
*over 9 & under 15 yrs,
acted without discernment
*performance of lawful act with
due care, causes injury which is
merely accident without fault or
intention
*acting under compulsion of an
irresistible force
*acting on impulse or un-
controllable
C. Mitigating
- do not constitute justification or
excuse of the offense, but, in
fairness & mercy, may be
considered justifying or reducing
the degree of moral culpability/
responsibility.
D. Aggravating
- increase the criminal liability of
the offender or make his guilt
more severe
 
E. Alternative
are those taken into consideration
as aggravating or mitigating accdg
to the nature & effects of crime &
other conditions in its commission
• these are: relationship,
intoxication & degree of
instruction & education of the
offender
Criminal Liabilities of
Nurses:
Murder
- is the unlawful killing of a
human being with intent to kill
- 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 by another
human being; may be committed
without criminal intent
• any person who 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 enumerated
above being present
Abortion
• means the expulsion of the
product of conception before the
age of viability
• in law, any person who, with the
intention of prematurely ending a
pregnancy, willfully and
unlawfully does any act to cause
the same is guilty of procuring
abortion
(start at the end28 weeks)
Infanticide
• killing of a child less than three
(3) days of age
• the mother of the child who
commits this crime shall suffer
the penalty of imprisonment
ranging from two (2) years, four
(4) months and (1) day to six (6)
years
Robbery

• is a crime against a person or

property
• the taking of personal property of
another person from him or in his
presence constitutes robbery
Simulation of Birth
• substitution of one child from
another, or abandonment of a
legitimate child, is a crime
committed by one who enters in
a birth certificate a birth that did
not occur
• it is a crime against the civil
status of a person
Parricide
• a crime committed by one who
kills his/her father, mother or child
whether legitimate or illegitimate,
or any of his/her ascendants or
descendants or his/her spouse
• person convicted of this crime
shall be imposed a penalty of from
life imprisonment (reclusion
perpetua) to death.