NURSING JURISPRUDENCE

NURSING JURISPRUDENCE

• The legal framework that governs the practice of nursing

• Encompasses the laws, regulations, and ethical standards that nurses must adhere to in their professional practice

• Study and application of laws and regulations that affect the practice of nursing

• Ensures that nurses provide care within the legal boundaries and uphold ethical standards.

LAWS, STATUTES, ETHICS

What are the basis of jurisprudence?

PROTECTING PATIENT RIGHTS, ENSURING SAFE AND COMPETENT CARE. AND SAFEGUARDING NURSES FROM LIABILITIES

Why nursing jurisprudence is crucial?

NURSE PRACTICE ACTS

State-specific laws that define the scope of nursing practice, set educational requirements, and establish the legal framework for nursing licensure

LICENSURE AND CERTIFICATION

• Nurses must obtain and maintain a valid license to practice

• Involves meeting educational requirements, passing licensure exams, and fulfilling continuing education requirements

STANDARDS OF CARE

• Guidelines that define the level of care expected from nurses

• Based on best practices and are used to evaluate the quality of care provided

ETHICAL PRINCIPLES

• Such as beneficence, nonmaleficence, autonomy, and justice guide nursing practice

• Nurses must balance these principles while making clinical decisions

LEGAL RESPONSIBILITIES

Nurses have legal responsibilities to provide safe and competent care, maintain patient confidentiality, obtain informed consent, and document care accurately

CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

Particularly the Bill of Rights, which ensures the protection of individual rights and freedoms

RULES AND REGULATIONS

• Promulgated by the Philippine Regulatory Board of Nursing and the Professional Regulation Commission (PRC)

• These rules govern various aspects of nursing practice

COURT DECISIONS

Legal opinions and decisions from competent authorities, including the Supreme Court, that impact nursing practice

CONFIDENTIALITY; INFORMED CONSENT; PROFESSIONAL CONDUCT

KEY LEGAL PRINCIPLES

OFFER & ACCEPTANCE; CONSIDERATION; MUTUAL CONSENT; CAPACITY; LEGALITY; INTENTION TO CREATE LEGAL RELATIONS

ELEMENTS OF A CONTRACT

STAFFING & SCHEDULING; DELEGATION & SUPERVISION; PATIENT RIGHTS & CONFIDENTIALITY; COMPLIANCE WITH REGULATIONS; RISK MANAGEMENT; PROFESSIONAL DEVELOPMENT; HANDLING COMPLAINTS & INCIDENTS; LEGAL LIABILITY

LEGAL LIABILITIES OF A NURSE MANAGER: Ensure adequate staffing levels to provide safe patient care

MALPRACTICE

refers to professional negligence by a healthcare provider that results in harm to a patient

NEGLIGENCE

involves failing to provide the standard of care that a reasonable person would in similar circumstances

MALPRACTICE AND NEGLIGENCE

LEGAL CONSIDERATION: Nurse managers must ensure that their staff adhere to the standard of care to avoid malpractice claims

MALPRACTICE & NEGLIGENCE; INFORMED CONSENT; CONFIDENTIALITY & PRIVACY; DOCUMENTATION; SCOPE OF PRACTICE; PATIENT RIGHTS; WORKPLCE SAFETY; WHISTLEBLOWING

LEGAL CONSIDERATIONS IN NURSING MANAGEMENT

REPUBLIC ACT NO 9173

KEY LAW THAT DIRECTLY AFFECT NURSING PRACTICE IN PH: Provides for a more responsive nursing profession by instituting measures that result in relevant nursing education, humane working conditions, better career prospects, and a dignified existence for nurses and also establishes the Professional Regulatory Board of Nursing

REPUBLIC ACT NO 7160

KEY LAW THAT DIRECTLY AFFECT NURSING PRACTICE IN PH: Decentralizes the health services, including nursing services, to local government units (LGUs) and impacts the deployment and management of nurses at the local level.

REPUBLIC ACT NO 6675

KEY LAW THAT DIRECTLY AFFECT NURSING PRACTICE IN PH: Promotes the use of generic drugs, which nurses must be knowledgeable about to ensure proper patient education and medication administration

REPUBLIC ACT NO 10173

KEY LAW THAT DIRECTLY AFFECT NURSING PRACTICE IN PH: Protects individual personal information in information and communications systems in both the government and private sectors and nurses must ensure patient confidentiality and data protection

REPUBLIC ACT NO 10912

KEY LAW THAT DIRECTLY AFFECT NURSING PRACTICE IN PH: Mandates the continuous professional development of all regulated professions, including nursing and nurses are required to earn CPD units to renew their licenses

CONTINUING PROFESSIONAL DEVELOPMENT ACT OF 2016

Republic Act No. 10912

DATA PRIVACY ACT OF 2002

Republic Act No. 10173

GENERICS ACT OF 1988

Republic Act No. 6675

LOCAL GOVERNMENT CODE OF 1991

Republic Act No. 7160

PHILIPPINE NURSING ACT OF 2002

Republic Act No. 9173

WILL AND TESTAMENT

A legal document that outlines how a person (the testator) wants their assets distributed after their death

IDENTIFICATION OF THE TESTATOR; APPOINTMENT OF KEY INDIVIDUALS; DIGITAL EXECUTOR; DISTRIBUTION OF ASSETS; SIGNING REQUIREMENTS

Key Components of a Will and Testament

TESTAMENTARY TRUST WILL

COMMON TYPE OF WILL & TESTAMENT

• Creates a trust upon the testator's death to manage and distribute asset

• Useful for beneficiaries who are minors or who may need help managing their inheritance

JOINT WILL

COMMON TYPE OF WILL & TESTAMENT

• Single document created by two people, usually spouses which outlines the distribution of combined assets

• Legally binding: After one partner dies, the surviving partner cannot change the terms

• For married couples

LIVING WILL

COMMON TYPE OF WILL & TESTAMENT

• “advance directives”

• It does not deal with asset distribution

• Provides instructions for medical care in case the person becomes incapacitated and unable to communicate

HOLOGRAPHIC WILL

COMMON TYPE OF WILL & TESTAMENT

• Handwritten will that is signed by the testator

• Not witnessed, which can make it more difficult to validate

• Legally recognized in some jurisdictions

NUNCUPATIVE WILL

COMMON TYPE OF WILL & TESTAMENT

• “oral will”

• Spoken rather than written

• Typically used in emergency situations and must be witnessed.

• Not recognized in all jurisdictions

CONTRACT

A legally binding agreement between two or more parties

DOCTRINE OF VICARIOUS LIABILITY

LEGAL DOCTRINE

• Employers or principals legally responsible for the actions of their employees or agents performed within the scope of their employment

• Emphasizes the importance of proper supervision and training of staff

DOCTRINE OF RESPONDEAT SUPERIOR

LEGAL DOCTRINE

• An employer is responsible for the actions of employees performed during the course of their employment

• Underscores the need for managers to ensure that employees act within their authority and follow company policies

• “The Captain of the Ship” or “Pilot of the Aircraft”

DOCTRINE OF CORPORATE VEIL

LEGAL DOCTRINE

• Protects shareholders from being personally liable for the company’s debts and obligations

DOCTRINE OF ULTRA VIRES

LEGAL DOCTRINE

• Restricts a corporation from engaging in activities beyond its stated objectives in its charter or articles of incorporation

• Managers must ensure that all corporate actions are within the scope of the company's legal authority

DOCTRINE OF FIDUCIARY DUTY

LEGAL DOCTRINE

• Managers and directors have a fiduciary duty to act in the best interests of the company and its shareholders

• Includes duties of loyalty, care, and good faith

DOCTRINE OF INFORMED CONSENT

LEGAL DOCTRINE

• Patients be fully informed about the risks, benefits, and alternatives of treatments before giving consent

• Ensures that patients' autonomy and rights are respected

DOCTRINE OF ESTOPPEL

LEGAL DOCTRINE

• Prevents a party from denying or asserting something contrary to what is implied by a previous action or statement

• Ensures fairness and consistency in business dealings

DOCTRINE OF ALTER EGO

LEGAL DOCTRINE

• Company’s decision and actions can be attributed to its controlling individuals (directors or managing directors)

• When the management of a company (directors) acts for personal gain, the court may treat the company and its management as one

DOCTRINE OF GOOD FAITH

LEGAL DOCTRINE

• Directors and managers must act in the best interest of the company and its stakeholder

DOCTRINE OF IDENTIFICATION

LEGAL DOCTRINE

• Actions and intentions of directors are considered the actions of the company

• Used in cases of fraud or misconduct

DOCTRINE OF WAIVER

LEGAL DOCTRINE

• If a party voluntarily gives up a right, they cannot claim it later

• Applicable in cases of shareholder agreements or contract terms