legal aspects part 1.ppt

7/29/2019 legal aspects part 1.ppt

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LEGAL ASPECTS AND

THE NURSE

BY: LI C. DERLA BSN,RN


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As nurses begin their professional

obligations, their legal responsibilities begin

as well. Their license to practice attests that they are

qualified under the law to practice their

profession.

The Philippine Nursing Act of 2002 is the best

guide the nurse can utilize as it defines the

scope of nursing practice.


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Nurses need not be afraid of laws.

These should be understood so that

their scope and limitations may bedefined and identified. When these are

clarified, performance of daily tasks are

assumed with more confidence andsafety.


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RESPONSIBILITY AND

ACCOUNTABILITY FOR THE

PRACTICE OF PROFESSIONALNURSING


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PROFESSIONAL NEGLIGENCE

REFERS TO THE COMMISSION OR

OMISSION OF AN ACT, PURSUANT TO A

DUTY, THAT A REASONABLY PRUDENTPERSON IN THE SAME OR SIMILAR

CIRCUMSTANCE WOULD OR WOULD NOT

DO, AND ACTING OR THE NON-ACTING

OF WHICH IS THE PROXIMATE CAUSE OFINJURY TO ANOTHER PERSON OR HIS

PROPERTY.


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Four areas of concerns to consider

negligence:

The existence of a duty of care

Breach of duty by failing to live up to the

appropriate standard of care

Damage. In this context physical harm

A sufficiently close connection between theact or omission of the defendant and the

damage. Aka: direct or proximate cause


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ALL FOUR MUST BE PROVED TO FILE

NEGLIGENCE!!!

CAN BE STATED SIMPLY AS:

DUTY

DERELICTION

DAMAGE

DIRECT

EXAMPLES ARE THE FF:


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FAILURE TO REPORT

OBSERVATIONS TO ATTENDINGPHYSICIANS.

FAILURE TO EXERCISE THE DEGREE

OF DILIGENCE WHICH THE

CIRCUMSTANCES OF THEPARTICULAR CASE DEMANDS.


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MISTAKEN IDENTITY

WRONG MEDICINE ,WRONG

CONCENTRATION, WRONG ROUTE,

WRONG DOSE

ADMINISTRATION OF MEDICINE

WTHOUT A DOCTORSPRESCRIPTION.


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DEFECTS IN THE EQUIPMENT

SUCH AS STRETCHERS AND

WHEELCHAIRS MAY LEAD TO

FALLS, THUS INJURING THE

PATIENTS


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RES IPSA LOQUITOR

THE THING SPEAKS FOR ITSELF


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RES IPSA LOQUITUR

3 CONDITIONS ARE

REQUIRED TO ESTABLISH A

DEFENDANTS NEGLIGENCE

WITHOUT PROVINGSPECIFIC CONDUCT


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1. That the injury was of such nature that it

would not normally occur unless there was

a negligent act on the part of someone.2. That the injury was caused by an agency

within control of the defendant

3. That the plaintiff himself did not engage in

any manner that would tend to bring about

the injury.


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FORCE MAJEURE

MEANS AN IRRESISTIBLE FORCE, ONE

THAT IS UNFORSEEN OR INEVITABLE.

UNDER THE CIVIL CODE OF THEPHILIPPINES, NO PERSON SHALL BE

RESPONSIBLE FOR THOSE EVENTS

WHICH CANNOT BE FORESEEN, OR

WHICH THOUGH FORESEEN ,ARE

INEVITABLE , EXCEPT IN CASES

EXPRESSLY SPECIFIED BY LAW.


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FORCE MAJEURE

ALSO KNOWN AS:

ACT OF GOD

VIS MAJOR

FUERZA MAYOR


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RESPONDEAT SUPERIOR

LET THE MASTER ANSWER FOR

THE ACTS OF THE SUBORDINATE.


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Is the Hospital Responsible for the

Actions of Its Nurses?

Generally speaking, a principal is responsible

for the acts of its agents. In law, this is known

as respondeat superior. Therefore, a hospital has vicarious liability for

the negligence of its nurses, which allows a

patient to bring a lawsuit against either the

nurse individually, or the hospital as theemployer, or both


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INCOMPETENCE

IS THE LACK OF ABILITY,LEGAL

QUALIFICATIONS OR FITNESS TO

DISCHARGE THE REQUIRED DUTY.


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MALPRACTICE


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MALPRACTICE

IMPLIES THE IDEA OF IMPROPEROR UNSKILLFUL CARE OF A

PATIENT BY A NURSE STEPPING BEYOND ONES

AUTHORITY WITH SERIOUSCONSEQUENCES.

NEGLIGENCE OR CARELESSNESSOF PROFESSIONAL PERSONNEL


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What Constitutes Nursing

Malpractice?

First, the patient must establish that

there was a nurse-patient relationship

Second, the patient must establish the

scope of the duty that was owed by the

nurse; this is usually done though an

expert witness testifying about the carethat was required


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third, the patient must establish thatthere was a departure from "good and

accepted practice Lastly, there must be a causalrelationship between the act or acts thatdeparted from accepted nursing care

and the patient's injury


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What Events Commonly Result in

Malpractice Cases?

30% of all medical malpractice cases involve

medication-related injuries

against nurses include failure to properlymonitor and assess the patient's condition

and failure to properly supervise a patient

resulting in harm

The need to advocate on behalf of a patient

when the suitability of care is at issue


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What Is the Role of Documentation?

In medical negligence cases, discrepancies

include disputes over symptomscomplained of, signs that did or did notexist, and care or treatment that wasrecommended. In an effort to determine the

facts, the jury will avail itself of the medicalrecord.


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Each record is unique in that it is

contemporaneous to the events and is

usually created at a time when there is nointerest in a legal outcome. Although the

adage "if it isn't documented, it wasn't

done" is good to consider at the time of

documenting, in court there is no rule ofevidence to coincide with that premise


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The simple answer is that they cannot be avoided.

However, by utilizing the nursing process and

employing critical thinking, bad outcomes that

commonly lead to malpractice claims can be

reduced.

The steps of the nursing process are described as

follows:

1. Assessment

2. Problem/need identification

3. Planning

4. Implementation

5. Evaluation


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END---

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