bioethics finals

Republic Act No. 7170

Organ Donation Act of 1991

National Organ and Tissue Donation

Awareness Month

September

Last will and testament / will

• Legal act allowing a person to control disposition of his/her estate with formalities prescribed by law.

• Takes effect upon the testator’s death.

Testator

Deceased person who made the will

Legatee

Person who receives personal property

through a will

Devisee

Person who receives real property through a will.

Executor / Executrix

Person named in the will to implement its provisions.

Holographic will (Art. 810, NCC)

• Entirely written, dated, and signed by the testator’s hand.

• Subject to no other form requirements.

• May be made in or out of the Philippines.

• Need not be witnessed.

Notarial will

Governed by Art. 805–806

Art. 805

• Must be subscribed at the end by the testator

Art. 806

Will must be acknowledged before a notary public by testator and witnesses.

Purpose of a Will

To dispose or convey real and personal properties through a legal document effective at time of death.

Delegation

Transfer of nurse’s responsibility for a task to another nursing staff member, while retaining accountability for outcome.

Intra-disciplinary / Intra-professional

within same discipline

Interdisciplinary / Inter-professional

among various health disciplines

Interdepartmental

among various departments within the same institution

Inter-agency

among different health institutions

Advocacy

defending and recognizing patient rights in

any care scenario

Language interpreters

Helpful when health team members do not speak the client’s dialect.

Surrogacy

Arrangement (often via legal contract) where a mother carries a child for anotherperson/couple and hands the child over after birth.

traditional surrogacy

surrogate’s own egg + commissioning father’s sperm.

Gestational

embryo from intended parents; surrogate not genetic mother

Commercial surrogacy

• Involves monetary compensation.

• Legality & cost vary widely between countries; some allow only altruistic (unpaid) surrogacy.

Euthanasia

Active killing of a patient by a physician, at the patient’s request, in the patient’s perceived interest.

Passive euthanasia

withholding treatment and allowing death

Active euthanasia

taking direct measures to cause death

Voluntary euthanasia

patient consents

non voluntary euthanasia

consent unavailable

involuntary euthanasia

patient could consent but does not or is not asked.

Gender dysphoria

Ongoing dissatisfaction with anatomic gender + desire for secondary sexual characteristics of the opposite sex

incest

Sexual activity between family members or close relatives (blood; sometimes affinity/adoption).

Includes parent-child and sibling relationships.

First-degree incest

about 40% severe problems + 14% mild retardation; risk of severe birth defect/mental

deficiency ≈ 50%.

Abortion

Termination of the product of conception

before viability.

Personhood

Refers to moral status of an entity.

Human cloning

Creation of a genetically identical copy (clone) of a human being (artificial reproduction of human cells/tissue).

Cause of action

requires a right of the patient, duty of the nurse/hospital, and an act/omission that breaches this duty and causes damage.

Plaintiff

party who complains/claims injury (patient

or family)

Defendant

party being sued (nurse, physician, hospital).

Counsel

Lawyer who represents and advises parties in legal proceedings

complaint

First pleading filed by the plaintiff stating facts, violated rights, and the relief sought

answer

Written pleading of the defendant responding to the complaint.

negative defenses

denial of material facts

Affirmative defenses

new facts (e.g., prescription, prior payment) that bar or mitigate liability.

summons

Court document informing the defendant of the case and requiring an answer or appearance.

subpoena

Court order compelling a person to cooperate in evidence gathering.

Ad testificandum

appear and testify as a witness.

duces tecum

bring specified documents or objects

warrant of arrest

Order issued by a judge to arrest a person upon sufficient grounds.

search warrant

Written order from a judge directing officers to search for and seize specific items (e.g., records, objects) relevant to a case

evidence

Any information (testimony, records, objects) presented to prove or disprove a fact.

Proof beyond reasonable doubt

required in criminal cases

Preponderance of evidence

required in civil cases for money damages.

substantial evidence

required in administrative cases

probable cause

Reasonable grounds, based on facts and

circumstances, to believe a person probably committed a crime.

Arraignment

Court proceeding where the accused is formally informed of charges and asked to enter a plea (guilty/not guilty).

bail

Conditional release of an accused person while the case is ongoing, in exchange for a guarantee (usually money) that they will appear in court.

expert witness

Person with special knowledge (e.g., specialist nurse) who explains professional standards and practices to the court.

habeas corpus

Writ to challenge illegal detention and secure release if no lawful basis exists (e.g., prolonged confinement in a mental facility despite discharge order).

hearing

proceeding where a decision-making body

receives evidence/arguments

trial

formal presentation of evidence and arguments to decide claims or defenses.

perjury

Lying or giving false material statements under oath in court or deposition.

contempt of court

Disobedient or disrespectful behavior toward the court (e.g., shouting, refusal to answer).

deposition

Testimony taken out of court but under oath, recorded as a transcript for later use in trial.

motion

Written or oral request asking the court to issue a

ruling or order (e.g., postpone hearing)

judgment

Final decision of the court after hearing the evidence.

appeal

Request to a higher court to review and possibly change a lower court’s judgment.

actual/compensatory

pay back real financial loss

(hospital bills, lost wages)

moral damage

compensate for mental anguish, anxiety,

moral suffering.

exemplary/corrective damage

additional damages to punish

and deter wrongful conduct.

nominal damage

small amount when a right was violated

but no significant financial loss is proven.

res ipsa loquitur

“The thing speaks for itself.”

• Certain accidents imply negligence by their very nature

force majeure

Fortuitous events (typhoon, earthquake, war, epidemic, transport shutdown) beyond human control may excuse liability if the party did not contribute to the harm.

respondeat superior

Employer is liable for negligent acts/omissions of employees acting within scope of work (vicarious liability of hospital for staff nurses)

captain of the ship

Surgeon is like a ship captain in the OR; may be held responsible for negligence of subordinates during surgery.

damnun absque injuria

There is damage but no legal injury (no negligence or breach of duty), so no compensation is due.

apparent authority / estoppel

When a hospital’s words or actions make a patient reasonably believe a

practitioner is its employee, the hospital cannot later deny responsibility.

good samaritan

Protects volunteers who give reasonable emergency assistance from lawsuits for unintentional injury, to encourage helping behavior.

contributory negligence

Patient’s own negligent acts contribute to the injury, reducing or sharing the healthcare provider’s liability.

in pari delicto

Parties are equally at fault in an Illegal act; neither can seek relief from the court.

assumption of risk/waiver

Patient, fully informed of risks, voluntarily consents and accepts them, limiting the provider’s liability for known, explained dangers.

epikeia

Exception to a general rule is allowed when stricter application would contradict the higher good of the person (patient’s best interest).

totality

Ethical decisions must consider the good of the WHOLE person—physical, psychological, social, and spiritual aspects.

golden rule

“Treat others as you want to be treated.” Foundation for respectful, compassionate nursing care.

P.D. 996 → R.A. 10152

• Mandatory Infants and Children Health Immunization Act

• Provides basic compulsory immunization for infants and children

Ra 8344

No-Deposit Policy in Emergencies

Ra 9439

Anti-Hospital Detention Law

Ra 10173

Data Privacy Act

Uhc law

primary care & financing

Ra 1080

Civil Service Eligibility of Board/Bar

Passers

Ra 8187

Paternity Leave Act

Ra 11210

Expanded Maternity Leave Benefits Act

Ra 8972

Solo parents

Ra 10606

National Health Insurance Act

(PhilHealth Law)

Ra 9262

Anti-Violence Against Women and Their

Children Act

Ra 7877

Anti-Sexual Harassment Act

Pd 651

Birth and Death Registration Act

Ra 6675

The Generics Act

R.A. 6675 as Amended by R.A. 9502

Cheaper and

Quality Medicines