ART ART Being Being an an art, art, deals deals with with skills skills that that require

t that require require

dexterity dexterity and and proficiency proficiency
SCIENCE SCIENCE systematic systematic and and well well- -defined defined body body of of
knowledge knowledge which which utilizes utilizes scientific scientific methods methods and and
procedures procedures in in the the application application of of nursing nursing process process
Social Social Science Science primordial primordial interest interest is is man man
whether whether well well or or sick sick.. tt is is involved involved in in total total quality quality
patient patient care care when when giving giving the the patient patient prescribed prescribed
medication medication or or treatments treatments..
Primary Primary focus focus is is the the individuals individuals response response to to health health
related related problems problems
a. Promote health
b. Prevent illness
c. Restore health and
d. To alleviate sufferings
an occupation or calling requiring advanced training and experience in
some specific or specialized body of knowledge which provides service to
society in that specific fields.
Criteria of a Profession:
Must satisfy an indispensible social need and must be based upon well
established and socially accepted scientific principle.
It must demand adequate pre-professional and cultural training
It must demand the possession of a body of specialized and systematized
training
It must give evidence of needed skills which the public does not possess; that
is skills which are partly inherent and partly acquired
It must have developed a scientific technique which is the result of tested
experience
It must require the exercise of discretion and judgment as to time and
manner of performance of duty.
A professional nurse is a person who has A professional nurse is a person who has
completed a basic nursing education and is completed a basic nursing education and is
licensed on his/her country or state to licensed on his/her country or state to
practice professional nursing. practice professional nursing.
A CALLING which its MEMBERS profess to have
acquired a UNIQUE body of knowledge &
SKILLS for purpose of guiding & caring OTHERS.
CHARACTERISTICS OF A PROFESSION
Autonomy- independence and self-governace
Authority- having an expertise/competent/highly advanced
skills, knowledge or mastery not common to the general
public
Accountability- being responsible to ones own actions;
liable in the consequences of its action

FOUR FOLD RESPONSIBILITY OF A NURSE

Promotion of health
Prevention of illness
Alleviation of suffering
Restoration of health
Spiritual Healthholistic care
Article VI
Section 28.
Scope of Nursing. - A person shall be deemed to be practicing nursing within the
meaning of this Act when he/she singly or in collaboration with another, initiates
and performs nursing services to individuals, families and communities in any
health care setting.
It includes, but not limited to, nursing care during conception, labor, delivery,
infancy, childhood, toddler, preschool, school age, adolescence, adulthood, and
old age.
As independent practitioners nurses are primarily responsible for the promotion
of health and prevention of illness.
A members of the health team, nurses shall collaborate with other health care
providers for the curative, preventive, and rehabilitative aspects of care,
restoration of health, alleviation of suffering, and when recovery is not possible,
towards a peaceful death. It shall be the duty of the nurse to:
(a) Provide nursing care through the utilization of the nursing process. Nursing care includes, but not limited to,
traditional and innovative approaches, therapeutic use of self, executing health care techniques and
procedures, essential primary health care, comfort measures, health teachings, and administration of written
prescription for treatment, therapies, oral topical and parenteral medications, internal examination during labor
in the absence of antenatal bleeding and delivery. In case of suturing of perineal laceration, special training shall
be provided according to protocol established;
(b) establish linkages with community resources and coordination with the health team;
(c) Provide health education to individuals, families and communities;
d) Teach, guide and supervise students in nursing education programs including the administration of nursing
services in varied settings such as hospitals and clinics; undertake consultation services; engage in such activities
that require the utilization of knowledge and decision-making skills of a registered nurse; and
(e) Undertake nursing and health human resource development training and research, which shall include, but
not limited to, the development of advance nursing practice;
Provided, That this section shall not apply to nursing students who perform nursing functions under the direct
supervision of a qualified faculty: Provided, further, That in the practice of nursing in all settings, the nurse is
duty-bound to observe the Code of Ethics for nurses and uphold the standards of safe nursing practice. The
nurse is required to maintain competence by continual learning through continuing professional education to be
provided by the accredited professional organization or any recognized professional nursing organization:
Provided, finally, That the program and activity for the continuing professional education shall be submitted to
and approved by the Board.
Professional Preparation
Have a license to practice nursing in the country
Have a Bachelors Degree in Nursing
Physically and mentally fit
Personal Qualities and Professional Proficiencies
Interest and willingness to work and learn with individuals groups in a variety of
settings
Awarmpersonality and concern for people
Resourcefulness and creativity as well as a well balanced emotional condition
Capacity and ability to work cooperatively with others
Initiates to improve self and service
Competence in performing work through the use of nursing process
Skills in decision making, communicating and relating with others and being
research oriented
Active participation in issue confronting nurse and nursing
Within the context of the Philippine society, nursing education with caring as its
foundation, subscribes to the following core values which are vital components in the
development of a professional nurse and are emphasized in the BSN program:
1.1 Love of God
1.2 Caring as the core of nursing
a. Compassion
b. Competence
c. Confidence
d. Conscience
e. Commitment (commitment to a culture of excellence, discipline, integrity and professionalism)
1.3 Love of People
a. Respect for the dignity of each person regardless of creed, color, gender and political affiliation.
1.4 Love of Country
a. Patriotism (Civic duty, social responsibility and good governance)
b. Preservation and enrichment of the environment and culture heritage
Key Areas of Responsibility for which the nurse should demonstrate competence:
1. Safe and quality nursing care
2. Management of resources and environment
3. Health education
4. Legal responsibility
5. Ethico-moral responsibility
6. Personal and professional development
7. Quality improvement
8. Research
9. Record Management
10. Communication
11. Collaboration and teamwork
Ethos - comes fromGreek work w/c means character/culture
Branch of Philosophy w/c determines right and wrong
Moral personal/private interpretation fromwhat is good and bad.
Ethical Principles
Autonomy the right/freedom to decide (the patient has the right to
refuse despite the explanation of the nurse) Example: surgery, or any
procedure
Nonmaleficence the duty not to harm/cause harm or inflict harm to
others (harm maybe physical, financial or social)
Beneficence- for the goodness and welfare of the clients
Justice equality/fairness in terms of resources/personnel
Veracity the act of truthfulness (benevolent deception)
Fidelity faithfulness/loyalty to clients
Considerate and respectful care
Relevant, current and understandable information
Make decisions regarding his care plan
Have advance directive (living will)
Every consideration of his privacy
Confidentiality of communications and records
Review his records concerning his medical care
Be informed of business relationship among the hospital
educational institution
Consent or decline to participate experimental research
affecting his care
Reasonable continuity of care when appropriate and be
informed of other care options
Be informed of hospital polices and practices
Confidential information is also termed as privileged communication
because it is given based on trust
Confidential information may be revealed only when:
The patient himself or herself permits such revelation as in the case of claim of
hospitalization, insurance benefits, among others
The case is of medico legal such as attempted suicide, gunshot wounds which will have
to be reported to the local police or NBI or constabulary
The patient is ill of communicable disease
Given to the health team if information is relevant to his care
Living Wills or Advance Directives the patient designates a health care
representative usually a member of the family, a friend or a family
physician to make decision for him/her when he/she is unstable to make
his/her own health care decision.
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
Actual Duty is ones real duty in a given situation. It is an action one ought to
choose from among many other actions.
Prima Facie Duty is one that directs or commands what one ought to
perform when other relevant factors are not taken into account.
Duty of FIDELITY
Duty of REPARATION
Duty of GRATITUDE
Duty of JUSTICE
Duty of BENEFICENCE
Duty of SELF IMPROVEMENT
Duty of NON MALIFICENCE
A nurse who renders first aid or treatment at
the scene of an emergency and who does so
within the standard of care, acting in good
faith, is relieved of the consequences
Definition of Terms
Nursing Jurisprudence- embodies all the laws, rules, doctrines and principles, legal concerns, opinions and decision of
competent authority regarding governance and regulation in relation with the practice of nursing
Legislation- making of rules and principles
Rights- inborn claim which a person is permitted to have, to do and receive from others within the parameters
permitted by the law
Court- body where disputes are settled and where you enforced your rights
Writ- mandatory rule of action
Writ of Prohibition
Writ of Mandamus
Writ of Quo Warranto
Writ of Habeas Corpus
Injunction- refrain from doing an act
Preliminary injunction- pendency of the case during the hearing
Final injunction- granted after the case is settled
Process- means to compel defendant/witness to appear in court
Warrant- order directed to a person to do an act giving him protection from damages when he does an act
Search warrant- searching for material/personal property to be presented in the court
Subpoena ad testificandum
Subpoena duces tecum
Summon notice to a defendant/accused ordering him to appear in court to answer the complaint against him
Plaintiff- complaining party; used in civil cases
Defendant- person charged of a crime
Accuser- private party represented by the state; used in criminal cases
Witness- has knowledge of the fact pertaining to the case; testify to the genuineness of the makers signature in an instrument
Expert Witness- person who is qualified to testify based on special knowledge, skills, experience and training regarding to the case
Damage
Damages
Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any
person be denied the equal protection of the laws.
Section 2. The right of the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search
warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge
after examination under oath or affirmation of the complainant and the witnesses he may produce, and
particularly describing the place to be searched and the persons or things to be seized.
Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order
of the court, or when public safety or order requires otherwise, as prescribed by law.
(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in
any proceeding.
Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the
right of the people peaceably to assemble and petition the government for redress of grievances.
Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise
thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or
preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.
Section 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be
impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the
interest of national security, public safety, or public health, as may be provided by law.
Section 7. The right of the people to information on matters of public concern shall be recognized. Access to
official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to
government research data used as basis for policy development, shall be afforded the citizen, subject to such
limitations as may be provided by law.
Section 8. The right of the people, including those employed in the public and private sectors, to form unions,
associations, or societies for purposes not contrary to law shall not be abridged.
Section 9. Private property shall not be taken for public use without just compensation.
Section 10. No law impairing the obligation of contracts shall be passed.
Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not
be denied to any person by reason of poverty.
Section 12. (1) Any person under investigation for the commission of an offense shall have the right to be
informed of his right to remain silent and to have competent and independent counsel preferably of his
own choice. If the person cannot afford the services of counsel, he must be provided with one. These
rights cannot be waived except in writing and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall
be used against him. Secret detention places, solitary, incommunicado, or other similar forms of
detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in
evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to the rehabilitation of victims of torture or similar practices, and their families.
Section 13. All persons, except those charged with offenses punishable by reclusion perpetua when
evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on
recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege
of the writ of habeas corpus is suspended. Excessive bail shall not be required.
Section 14. (1) No person shall be held to answer for a criminal offense without due process of law.
(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and
shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the
accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face,
and to have compulsory process to secure the attendance of witnesses and the production of evidence
in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the
accused: Provided, that he has been duly notified and his failure to appear is unjustifiable.
Section 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion
or rebellion, when the public safety requires it.
Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial,
quasi-judicial, or administrative bodies.
Section 17. No person shall be compelled to be a witness against himself.
Section 18. (1) No person shall be detained solely by reason of his political beliefs and aspirations.
(2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof
the party shall have been duly convicted.
Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment
inflicted. Neither shall death penalty be imposed, unless, for compelling reasons involving
heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall
be reduced to reclusion perpetua.
(2) The employment of physical, psychological, or degrading punishment against any prisoner or
detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall
be dealt with by law.
Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.
Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act
is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar
to another prosecution for the same act.
Section 22. No ex post facto law or bill of attainder shall be enacted.
An act providing for a more responsible Nursing Profession,
repealing for the Proposed RA 9174 otherwise known as the
PhilippineAct of 1991
The State hereby guarantees the delivery of quality basic health services
through an adequate nursing personnel systemthroughout the country.
nursing care during conception, labor, delivery, infancy, childhood,
toddler, preschool, school age, adolescence, adulthood, and old age. As
independent practitioners, nurses are primarily responsible for the
promotion of health and prevention of illness. A members of the health
team, nurses shall collaborate with other health care providers for the
curative, preventive, and rehabilitative aspects of care, restoration of
health, alleviation of suffering, and when recovery is not possible,
towards a peaceful death. Covers direct nursing care; linkages with the
community health; teaching in nursing; nursing and health human
resources
Professional Regulatory Board of Nursing composed of chairperson and
six members.
BONis appointed by the President of the Republic
BONshould be:
Natural born and resident of RP
Member or with good standingAPO
RNwith MA degree (majority has MA degree)
10 years of continuous practice
Not have been convicted of any offense involving moral turpitude
Member of the BON shall represent nursing service, education,
community health nursing
BONshould not be engage in supervision, teaching and reviewfor BSN
BONappointed is three years until, replacement is appointed
Removal or Suspension of BONafter due process due to neglect of duty or
incompetence; irregularities in licensure exam; immortality,
unprofessional and dishonest conduct
Howto Pass the BOARDExam?
Must obtain a general weighted average of at least seventy five percent (75%)
no rating below sixty percent (60%) in any subject
REMEMBER: If an examinee obtains a general weighted average of 75% but
has a rating below 60% in any or only subject, the examinee must take the
examination again but only on the subject where he/she rated below 60%
FIELDS OF NURSING
Hospital or Institutional Nursing- comprises all the staff nurses or nursing personnel
giving the basic component of comprehensive patient care and family health in the
hospital or related health facilities
Public Health Nursing (Community Health Nursing)- the focus of nursing care is
more on the health promotion and health prevention rather than care of the sick; it
gives emphasis on the care of the family and community rather than individual basis
School Nursing- responsible for all school activitiesmonitoring growth and
development, screening health problems concerning the school the health needs,
environmental safety, health education and health promotion of school children
Occupational Health Nursing or Industrial Nursing- the practice give emphasis on
the promotion, protection and supervision of workers health condition and the
safety of his working environment
Maternal and Child Health Nursing- focus on the care and safeguards the health and
safety of mothers and children
Nursing Education- pertains to nurses under teaching or administrative staff of
school or other educational institution
Pediatric CareNursing- nursing care for the sick child
Private Duty Nursing- independently have a contract with patient which the nurse
will provide a comprehensive nursing care in one-on-one ratio
Nursing Administration- participates in the formulation of policies and objectives in
an administrative institution or similar establishments
-SUPERVISIONOF PATIENTS-
Application of principles based upon the biological, physical and social sciences as well as execution of nursing
procedures being responsible for the performance of every nursing procedure and technique for the recovery
of the patient being careful and conscientious in the discharge of duties to avoid liabilities for damages.
-OPERATIONOF PATIENTS-
The nurse attends to the matter of securing the patients signature on the formfor giving consent to surgery
Aformis called operating permit is usually provided by the hospital for the purpose.
-UNAUTHORIZEDDISCHARGE OF PATIENTS-
When a patient insists on leaving the hospital against the advice of the doctor, the nurse should require himto
sign a statement whereby he assumes full responsibility for leaving the hospital and releases the hospital
personnel fromany responsibility.
-CONCEPTOF ACCOUNTABILITY-
The accountability of the nurse to the patient, physician or to the public has a reference to the quality of
nursing care she renders.
A contractual obligation which a nurse assumed exposes her to a certain degree of accountability; the term
accountability carries the idea of sanction or penalty
License- it is a legal document granted by the government which
permits a person, who has knowledge and skills in a particular field, to
render services for the public, where such practice would be unlawful
without a license.
What is the purpose of REGISTRION?
REMEMBER: The primary purpose of registration is to
safeguard the health of the people by setting minimum
standards that should be meet by the qualified practitioners
POINTS TO PONDER:
**OATH: Oath-Taking of profession before the Board or any
authorized government officials is required to those
candidates who successfully passed the examination
**AUTOMATIC REGISTRATION: An automatic registration
for nurses shall be given provided that his/her name appear
in the roster of nurses
-QUALIFICATIONS FOR ADMISSION TO LICENSURE
EXAMINATION-
citizen of the Philippines subject of a country which permits Filipino nurses to practice within
its territorial limits on the same basis as the subject or citizen of such country, PROVIDED,
the requirements for the registration or licensing of nurse in said country are substantially the
same as those prescribed in this Act.
of good moral character
holder of a Bachelors Degree in Nursing
-REQUIREMENTS FOR EXAMINATION-
original transcript of records
record of actual related learning experiences
actual number of operating room scrubs and deliveries assisted
certificate of live births
marriage contract (if married, for female applicants)
4 passport size pictures with white background
Community tax certificate
-RATINGS-
must obtain a general weighted average of at least seventy five percent (75%)
no rating below sixty percent (60%) in any subject
If an examinee obtains a general weighted
average of 75%but has a rating below 60%in
any or only subject, the examinee must take
the examination again but only on the subject
where he/she rated below60%
Female citizen of the Philippines who marries an alien
Is it possible that Philippine citizen may be lost or
reacquired?
What is a natural born citizen?
Jus sangunis doctrine
The child follows the citizenship of his father
Jus solis doctrine
The nationality of a person is determined by the law of the place of his
birth
Naturalization
Act of adopting a foreigner and giving him the priviledge of a native
citizen
Reciprocity means mutuality in the grant and enjoyment of privileges
between person or nations. As applied to the profession it is a relation
established by law, treaty or agreement between two countries or states,
whereby each country or states grants citizens of each other the privilege to
the practice of the profession within respective territorial justification.
Based on the principle of do ut des
Registration by Reciprocity (RA 9173 Sec 20)- a
certificate of registration/professional license may be
granted without examination to nurses registered under
the law of foreign state or country provided that:
requirements in the said country are the same under
this Act
laws of such country granted the same privileges to the
registered nurse in the Philippines
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Section 16. Oath. - All successful candidates
in the examination shall be required to take
an oath of profession before the Board or any
government official authorized to administer
oaths prior to entering upon the nursing
practice.
It is within 15 fifteen days upon the release of
the results of the licensure
unprofessional and unethical conduct
causes like
convicted by final judgment of any criminal offense
guilty of immoral or dishonorable conduct
declared by the court to be of unsound mind
gross incompetence of serious ignorance
malpractice or negligence
use of fraud, deceit, or false statements
practice during suspension
violation of this Act, rules and regulation, code
of Ethics and technical standards for nursing
practice, policies of the Board
REMEMBER: Suspension of the certificate of registration or professional
license shall be for a period not to exceed 4 years
-PROFESSIONAL IDENTIFICATION CARD-
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-REQUIREMENTS FOR INACTIVE NURSES RETURNING TO
PRACTICE-
(Nurses who doesnt actively practicing the profession for 5
consecutive years)
one moth of didactic training
three months of practicum
-POWER AND DUTIES OF THE BOARD-
QUASI-LEGISLATIVE- making laws
promulgate a code of ethics in coordination and consultation with the accredited professional organization
of nurse
recognize nursing specialty organization with the accredited professional organization
prescribe, adopt, issue and promulgate guidelines, regulations, measures and decisions that are necessary
for the improvement of nursing practice
QUASI-JUDICIAL- hearing
conducts hearings and investigations to resolve complaints against nurses for violations, unethical and
unprofessional conduct
issues subpoena ad testificandum& subpoena duces tecumto secure appearance of respondents &
production of documents and punish with contempt for non-compliance, impeding & or otherwise
interfering with the conduct of the proceedings
POLICE POWER- implementing laws
conduct the licensure examination
issue, suspend or revoke certificates of registration
monitor and enforce quality standards of nursing practice
ensure quality nursing education
recognize nursing specialty organizations in coordination with accredited professional organization
exercise powers necessary to ensure the maintenance of efficient, ethical, technical and moral professional
standards in the practice of nursing taking into account the health needs of the nation.
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The POWER to regulate the established profession in the Phil. And to examine the
applicants to practice the same is vested upon the PRC as created by the RA 223.
BON is the regulatory body with respect to the nursing profession
CREATION AND COMPOSITION OF THE BOARD-
A chairperson and six members, appointed by the President of the Republic of the
Philippines
Two (2) nominees per vacancy of the PRC chosen and ranked from a list of three (3)
nominees per vacancy of the accredited professional organization of nurses
-QUALIFICATIONS-
natural born citizen and resident of the Philippines
good standing of the accredited professional organization of nurses
Registered Nurse, Master of Arts in Nursing, Master of Arts in Education or
other allied profession from university duly recognized by the Government;
provide that majority are Master of Arts in Nursing; Chairman is Master of Arts
in Nursing holder
At least ten (10) years of continuous practice, the last five (5) years in the
Philippines
Not convicted to any offense involving moral turpitude
REMEMBER: Membership of the Board shall represent the 3 areas:
(1) Nursing Education (2) Nursing Service (3) Community Health
Nursing
REMEMBER: Any person appointed as the Chairman or member of
the Board shall immediately resign to any teaching position,
review program in any local nursing board examination or any
office or employment in the government.
-TERM OF OFFICE-
3 years ; can be reappointed for another 3 years
any vacancy in the Board occurring shall be filled for the
unexpired portion of the term only (HOLD OVER DOCTRINE)
the Board shall be under the supervision of PRC
QUASI-LEGISLATIVE- making laws
promulgate a code of ethics in coordination and consultation with the accredited professional organization of nurse
recognize nursing specialty organization with the accredited professional organization
prescribe, adopt, issue and promulgate guidelines, regulations, measures and decisions that are necessary for the
improvement of nursing practice
QUASI-JUDICIAL- hearing
conducts hearings and investigations to resolve complaints against nurses for violations, unethical and
unprofessional conduct
issues subpoena ad testificandum& subpoena duces tecumto secure appearance of respondents & production of
documents and punish with contempt for non-compliance, impeding & or otherwise interfering with the conduct of
the proceedings
POLICE POWER- implementing laws
conduct the licensure examination
issue, suspend or revoke certificates of registration
monitor and enforce quality standards of nursing practice
ensure quality nursing education
recognize nursing specialty organizations in coordination with accredited professional organization
exercise powers necessary to ensure the maintenance of efficient, ethical, technical and moral professional
standards in the practice of nursing taking into account the health needs of the nation.
Negligence- the doing of that thing which a reasonably prudent
person would not have done or the failure to do that thing which a
reasonably prudent person should have done; commission or
omission of an act
-ESSENTIAL CONDITIONS-
The existence of a duty on the part of the person
charged, to protect the complaining party from
the injury received.
Failure to meet standard care
Foreseability of harm resulting from failure to
meet standard
An injury resulting from such failure
Doctrine of Res Ipsa Loquitor: Let the thing speaks
for itself
Doctrine of Respondeat Superior: Let the master
answers for the acts of the subordinate
Doctrine of Force Majeure: Act of God
Captain of the Ship Doctrine: the leader of the team
is the one liable in the actions of its members
Doctrine of Corporate Liability: it id the liability of
the hospital if in the case a defective
equipments/failure lead to harm/injury of the patient
Incompetence- lack of ability
Doctrine of Res Ipsa Loquitor: Let the thing speaks
for itself
Doctrine of Respondeat Superior: Let the master
answers for the acts of the subordinate
Doctrine of Force Majeure: Act of God
Captain of the Ship Doctrine: the leader of the team
is the one liable in the actions of its members
Doctrine of Corporate Liability: it id the liability of
the hospital if in the case a defective
equipments/failure lead to harm/injury of the patient
Incompetence- lack of ability
Criminal lawrefers to those actions that have been declared illegal. They
are prosecuted by the state (city, state or country). The defendant is found guilty
beyond a reasonable doubt or found not guilty.
In criminal law, a guilty defendant is punished by either (1) incarceration in a jail
or prison, (2) fine paid to the government, or, in exceptional cases, (3) execution
of the defendant: the death penalty.
Civil Law deals with disagreements between citizens were no crime
has been committed, or a separate cause of action even when a crime
has been committed.
Torts- committed against a person or property which resulted to
damage. The person who committed these acts are held liable in a civil
action
Assault- threatening harm or offensive bodily
contact
Battery- intentional, unconsented touching of
another
False Imprisonment or Illegal Detention-
detention of a person without legal consent
Invasion of Property and Breach of
Confidentiality- violation to the right to privacy
Defamation- character assassination whether
written (libel) or verbal/oral (slander)
CRIMINAL LIABILITY
Crime/Felony- an act or omission punishable by law (revised Penal
Code) which can be done by dolo (with intent) or culpa (without
intent)
Omission- failure to do a duty
Intent- purpose to use a particular means to affect a
result (deliberate intent freedom and intelligence)
Motive- moving power which impels one to act for a
definite result
-PERSONS CRIMINALLY LIABLE-
1. Principal
by direct participation- direct commits the crime
by inducement- induce the performance of the crime
by indispensable cooperation- with his presence, the crime
take place
2. Accomplice- accessory before the fact; cooperate in the
execution of the offense
3. Accessory- accessory after the fact ; having the knowledge
of the commission of the crime
profiting themselves or assisting others to profit
concealing, destroying body of the crime, effects,
instruments to prevent its discovery
harboring concealing, assisting the escape of the principal
Consummated- elements of crime have been
fulfilled/accomplished
Frustrated- without intention of not fulfilling the
crime; some elements are done
Attempted- no elements have been fulfilled
Grave Felonies- attaches to capital punishment
(death) and imprisonment ranging from 6 years
to life imprisonment
Less Grave Felonies- correctional (from one
month to 6 years)