Professional Growth and Development

Ace Lennon N. Babasa

 LAW
a rule of civil conduct
prescribed by the supreme
power in a state commanding
what is right and prohibiting
what is wrong.
TWO GENERAL DIVISIONS OF LAW
Positive Law – has the elements of reasonable
action, due promulgation
- source of moral guidance, but differs from
morality because it concerns on external
conduct

Natural Law – integral part of nature because it

is immutable and inherent in nature
 APPLICABLE LAWS FOR MIDWIVES
Constitutional Law – treats the nature of constitution
Criminal Law – defines crimes, treats of their nature
and provide the punishment
Labor Law – governs the relationship of employers and
employees
Administrative law – deals with activities of function of
executive or administrative agencies
Civil Service Law – deals with the civil service in all
branches, subdivisions, instrumentalities and agencies of
the government.
 LEGAL RIGHT
a claim which can be enforced by legal
means against a person whose duty is
to respect it.
COURT MECHANISM:

LAWSUIT- proceeding in court for a purpose.

Purpose:
1. to enforce a right
2. to redress a wrong

3 basic lawsuits in the nursing practice

1. Civil - may arise from either contracts or torts
2. Criminal – may arise when a person perpetrates a crime
or violates a penal law
3. Administrative - administrative offenses or any ground
for disciplinary action
 PARTIES TO CASES:

Civil case - Complainant/ defendant

Criminal case - Plaintiff/ accused
Q:If you think that a person has done something
seriously wrong to you, the correct action to do
get redress for the injury received is to:

 A. systematically plan on how to have a vindication

for the damage done
 B. file a lawsuit against the person for damage
 C. hire someone to take revenge for you
The person who institutes legal
proceeding is called:

A. Plaintiff
B. respondent
C. defendant
D. Accused
A hospital filed a case of damages against
nurse for breach of contract. What is the
role of the nurse in the case?

A. complainant

B. accused

C. defendant

D. plaintiff
STATUTE OF LIMITATIONS

- the length of time following the event

during which the plaintiff may file a
suit.

Example: negligence- filed within 2-3

years from occurrence.
 DUE PROCESS
is a fair and orderly
process which aims to
protect and enforce a
person’s right.
FUNDAMENTAL REQUIREMENTS OF DUE
PROCESS:

1. Right to be informed

2. Right to remain silent
3. Right to a competent counsel
4. No use of violence, threat,
torture
PRE-TRIAL- eliminate matters
not in dispute, agree on issues or
settle procedural matters.

TRIAL- facts are presented and

determined; law applied at the
end.
SUMMONS - is a writ commanding an
authorized person to notify a party to
appear in court to answer a complaint
made against him.

WARRANT- presented by an arresting

officer
SUBPOENA- is an order that requires
a person to attend at a specific time and
place to testify as a witness.

SUBPOENA DUCES TECUM- is a

subpoena that requires a witness to
bring documents/ papers in his
possession.
 A process whereby the BOM only compel
the personal attendance of a witness to bring
with him to the court books, papers and the
like to elucidate the matters in issue:

a.Warrant
b.Subpoena
c.Subpoena duces tecum
d.Summons
WITNESS- person giving
necessary details
 Midwives as witness

Could not divulge PRIVILEGED

COMMUNICATION in a civil
case- means that the midwife is
incompetent to testify on the
communications made to him by the
patients, all the device given and all
the information gathered by
observation during the seal of
secrecy.
Exceptions:
1. criminal case
2. with the patient’s consent
3. patient sued doctor for
damages
For privileged communication in the doctor, the
nurse and the patient, the seal of secrecy:

a. forever remains until removed by patient

b. may be broken upon death of the patient

c. may be disclosed when the patient is insane

d. all of the above

Testimonies of Facts- factual
information
no opinion unless an expert
witness
PERJURY- is the willful telling
of a lie under oath.
HEARSAY EVIDENCE- rumors, not
admissible in evidence

DYING DECLARATION or ANTE

MORTEM STATEMENTS- considered
hearsay unless the dying person is a victim
of a crime.
APPEALS- review of the case by
appellate court and when decided by
it, the final judgment results and
matter is ended.

EXECUTION OF JUDGMENT -
Failure to comply means contempt of court
 PROFESSIONAL NEGLIGENCE
Commission or omission of an act
pursuant to a duty that a reasonably
prudent person in the same or similar
circumstance would o would not do
 ELEMENTS OF PROFESSIONAL NEGLIGENCE
 Existence of a duty
 Failure to meet the standards
 Foreseeability of harm
 Injury
 SPECIFIC EXAMPLES
Failure to report observation to attending physician
Failure to exercise the degree of diligence
 Mistaken identity – drugs to the wrong person
Wrong meds, wrong concentration, wrong rout, wrong
dose
Defects in the equipment
Errors due to family assistance
Admin of meds without doctors prescription
 MALPRACTICE
Improper or unskillful care of patient by a
nurse
Stepping beyond one’s authority & serious
consequence
Negligence or carelessness (Law has
developed standard of care) of professional
 DOCTRINE OF FORCE MAJEURE
Irresistible force, one that is unforeseen or
inevitable
Civil code – no person shall be responsible
for those events which cannot be foreseen
Examples are: Flood, Fire, Earthquake
DOCTRINE OF RESPONDENT
SUPERIOR
Let the master answer for the acts of
the subordinate
Note: PDN independent contractors –
liable for own negligent action
 INCOMPETENCE
Lack of ability legal qualifications
or fitness to discharge the required
duty
 LEGAL DEFENSE IN NEGLIGENCE
 know and attain that standard of care in giving service
 Document the care you give in a concise and accurate
manner
 CONSENT TO MEDICAL AND SURGICAL PROCEDURES
 Free and rational - person legally capable to consent
 NATURE OF CONSENT
 INFORMED CONSENT
 PROOF OF CONSENT
 WHO MUST CONSENT
 CONSENT OF MINORS
 CONSENT OF MENTALLY ILL
 EMERGENCY SITUATION
 REFUSAL TO CONSENT
 CONSENT FOR STERILIZATION
 CRIMES MISDEMEANORS, FELONIES

CRIME – an act committed/omitted in violation of the law

2 Elements

>Mental State /guilty mind

>Conduct/ guilty act

 CONSPIRACY TO COMMIT A CRIME
Principals – direct part
Accomplices – cooperate in the execution
Accessories – take part subsequent
CLASSIFICATION OF PERSONS CRIMINALLY LIABLE:

1. PRINCIPAL

By direct participation- doer of the act.

By inducement-directly force or induce
others
By cooperation- indispensable
2. ACCOMPLICE
-a person who cooperates

“ accessory before the fact”- absent at the time crime is

committed.
3. ACCESSORY
“ accessory after the fact”

a. Profits

b. Conceals/ destroys evidence

c. Assists in the escape of the principal

 CRIMINAL ACTIONS
Misdemeanor – (fine/imp)
general name for a criminal
offense
Felony – a public offense –
sentenced to death – committed
& deceit and fault
 FELONIES
acts or omissions punishable by law.
Elements:
1. Deceit - ( dolo)
2. Fault - (culpa) - due to imprudence,
negligence or lack of foresight/ skill
 Felonies According to Stages
of Execution
1. Consummated all elements executed,
with successful result

2. Frustrated all elements executed

but no successful result

3. Attempted not all elements

executed, no
successful result
 Degree of Felonies
degree penalty fine
grave Capital above P6k
punishment or
>6yrs & 1 day
Less grave 1 month and 1 not > P 6 K
day to 6 years but not
<P200

Light felony 1 day to 30 fine not >

days P 200
 CRIMINAL NEGLIGENCE
Reckless Imprudence – does an act or
fails to do it Voluntarily
Simple Imprudence – did not used
precaution
 CRIMINAL INTENT
State of mind of a person at the
time the criminal act is committed,
that is, he/she knows that an act is
not lawful and still decided to do it
anyway
 If the penalty is the death penalty, what is
the degree of the felony?

 A. grave
 B. less grave
 C. light felony
Situation: Danaya is two-months
pregnant. Her parents do not
know this. Danaya informed her
friend Alena about the problem.
Alena referred Danaya to Pirena
, an abortionist. Danaya had an
abortion.
If those involved will be charged legally, who is considered
as the principal?

a. Danaya b.Alena

c. Pirena d. None of them

Who is considered as an accomplice?

a. Danaya b.Alena

c. Pirena d. None of them

If during the investigation, the pieces of evidence were not
found because Gurna the maid of Pirena burned it.
Gurna is consider as:

a. accomplice b. accessory

c. principal d. co-principal
A midwife is liable as an accomplice in an abortion if she:

a. Assist in the escape of the offender

b. Refers the pregnant mother to the abortionist
c. Conceals the evidence of the crime
d. None of these
 Circumstances
affecting criminal
liability
J-E-M-A-A
 Circumstances affecting criminal
liability
Justifying - may not incur criminal liability
Exempting – exempts a person from CL
Mitigating – reduce the degree of moral
culpability
Aggravating – increase the criminal liability
Alternate – taken into consideration the
relationship, degree of instruction and the level of
education of the offender
 JUSTIFYING
SELF-DEFENSE
 Unlawful aggression
 Reasonable necessity
 Lack of sufficient provocation

FULFILLMENT OF DUTY
OBEDIENCE TO AN ORDER FROM
SUPERIOR
 Order must be lawful
 Superior acting within the scope of practice
 EXEMPTING
 Insane/imbecile

 Performance of a lawful act causes injury by mere

accident
 Under 9 y/o

 Under compulsion of uncontrollable force

 Under impulse of uncontrollable fear

 Failure to perform an act required by law when

prevented by some lawful cause
 MITIGATING
Under 18y/o or over 70 y/o
No intention to commit so grave a wrong
Sufficient provocation/threat preceding the act
Immediate vindication of a grave offense
Voluntary surrender
Deaf & dumb/ with physical defect
Suffer from such illness that diminishes willpower
 AGGRAVATING
Treachery/taking advantage of superior
strength or position
Price, reward, promise
Use of fire, poison, explosion
Calamities
Craft, fraud or disguise employed
Evident Premeditation
Cruelty
 ALTERNATIVE
May increase/ decrease criminal liability
depending on the nature and effects of the
crime

Relationship
Intoxication
Degree of instruction/ education
 DRILLS
1. Under compulsion of uncontrollable force
2. There is sufficient provocation
3. Act is committed with abuse of confidence
4. Fulfillment of a duty
5. Offender is over 70 years old
6. Voluntary surrender

7. Disguise be employed

8. Defense of a stranger

9. Acts under the impulse of an uncontrollable fear

10. Offender is insane

 Premeditating to commit a crime is
considered as:

 A. justifying
 B. mitigating
 C. aggravating
 D. exempting
Q: When the defendant kills someone
accidentally:

 A. justifying
 B. exempting
 C. aggravating
 D. mitigating
CRIMES CONCERNING
THE PROFESSIONAL
-the victim or offender is the
 1. father
 2. mother
 3. brothers/sisters
 4. ascendants
 5. descendants
 6. spouse
 -The killing of another human
being with any of the aggravating
circumstances provided by law.
- the killing of an infant less than three days

or 72 hours whether the killer is the parent,

grandparent or any of the relative of the child .
ACTS OF LASCIVIOUSNESS
 the act of making a physical contact with the body of
another person for the purpose of obtaining sexual
gratification other than, or  without  intention of, 
sexual intercourse.
 ACTS OF LASCIVIOUSNESS
Forcible if made under circumstances
of forcible rape, i.e through force,
threat, violation, intimidation.
      a. The accused may be any person
and the victim may be a male or female
 ACTS OF LASCIVIOUSNESS
Consented if made under circumstances of
seduction whether simple or qualified i.e.

      a) victim is a female of chaste character

      b) over 12 years  but below 18 years, or  a
widow
      c) there was deceit or abuse of authority, abuse
of confidence or abuse of relationship
 MALICIOUS MISCHIEF
 Any person who shall deliberately cause the property of
another
 Special cases of malicious mischief. — Any person who
shall cause damage to obstruct the performance of public
functions, or using any poisonous or corrosive substance;
or spreading any infection or contagion among cattle; or
who cause damage to the property of the National
Museum or National Library, or to any archive or
registry, waterworks, road, promenade, or any other thing
used in common by the public
 PHYSICAL INJURIES
1. Slight Physical Injuries – incapacity for
labor is from 1-9 days or required
medical attention
2. Less Serious Physical Injuries – if ten
days or more
3. Serious Physical Injuries - if the inured
person becomes ill or incapacitated fro
labor more than 30 days as a result of
the injury
ANTI- RAPE LAW (RA 8353)
CLASSIFICATION OF RAPE
1. Traditional Way – knowledge with a woman
against her will and the offended party is a woman
and the offender is a man
2. Sexual Assault – committed when
- the penis is inserted into the anal orifice of a male
or a female
- an instrument or object is inserted into the genital
or oral orifice, thus the offender or the offended
party can either be a manor woman
 ROBBERY
 Anyone who gets the
personal property of
another with the use
of force, violence or
intimidation.
 THEFT
anyone who gets
the personal
property of another
without the latter’s
permission.
 ASSAULT
 imminent threat of
harmful/ offensive
body contact
 BATTERY
 intentional,
unconsented
touching of another
person.
 ILLEGAL DETENTION/
FALSE IMPRISONMENT
 Deprive another of his freedom of
movement or space.
Patient restraint
 SIMULATION OF BIRTH
1. Pretend that a woman gave birth
2. Substitution or exchanging of babies in the nursery
3. intentionally putting wrong information in the birth
registration form
 DEFAMATION
1. Slander- oral
2. Libel- written
 INVASION OF PRIVACY
THE RIGHT TO BE LEFT ALONE, FREE FROM
UNWARRANTED PUBLICITY, RIGHT TO LIVE
ONE’S LIFE

liable if they divulge any information from

patient’s chart to improper or unauthorized
persons.
 MUTILATION
Is the looping or clipping off of
some parts of the body resulting
to the deprivation, whether totally
or partially of some essential
organ of reproduction
 DRILLS
1. A student nurse is overheard talking in the
cafeteria about a client and his suicidal
tendencies.
2. A nurse asks a client why he chose
Dr. Smith for her physician when this doctor is
always rude to the staff.
3. A client is told he must pay the remainder of
his medical bill before he can leave the
facility.
4. A nurse told the client that she will inject her
with sedatives if he does not cooperate.
5. A nurse forcibly opened the mouth of a pedia
patient and gave his medication.
6. A nurse takes the wallet of the patient
while the latter is sleeping.
7. A nurse takes the wallet of the patient
with the use of violence and
intimidation.
8. A nurse gives a potent injection of
morphine to a patient causing his death.
9. A nurse poisons his client to end his
life.
10. A patient died because of wrong
medication given.
 GUIDELINES TO PREVENT
CRIMINAL LIABILITY:

1. Be very familiar with the Philippine

Nursing law
2. Be familiar with the laws affecting nursing
practice
3. Know agency rules, regulations, policies
4. Upgrade skills and competence
5. Develop good IPR with co-workers
6. Consult superior as needed
7. Verify vague/ erroneous orders
8. Always keep doctor updated regarding patient
9. Ensure accurate recording and reporting
10. Get informed consent
11. Do not delegate responsibilities to others
 TIPS FOR AVOIDING LEGAL
PITFALLS:

1. Patient Falls
do proper assessment
appropriate assistance
use protective measures
 document all nursing
interventions
2. Medication errors
 observe 10 R’s of drug
administration
 Check MD’s order
 Understand the medication
you will administer
 Consult drug handbook/
pharmacy
 Not exempt from liability for
following MD’s order
3. Equipment injuries
 refuse to use a device not know
how to operate
 report adverse events to superiors
 monitor patient regularly
 bring questionable orders to the
attention of the doctor or superior
 FAILURE TO COMMUNICATE
promptly report changes in the patient’s
symptoms and signs of distress to the Dr
proper documentation of all assessments
and telephone conversations with the Dr