Ethical and Legal Aspects of Nursing Flashcards

Vocabulary flashcards covering ethical principles, Philippine nursing laws, classification of laws, intentional and unintentional torts, criminal liability, doctrines, court orders, and health-related legislation.

RA 10912 (CPD Act of 2016)

The law defining Continuing Professional Development (CPD) as planned, structured learning activities to advance knowledge, skills, attitudes, and ethical values, requiring 45 CPD units every 3 years for nursing license renewal.

Autonomy

An ethical principle in nursing respecting an individual's right to self-determination and decision-making regarding their healthcare.

Nonmaleficence

An ethical principle in nursing stating the obligation to do no harm or cause no harm to the patient.

Beneficence

An ethical principle in nursing defining the duty to do good to others and maintain a balance between benefits and harms.

Paternalism

An ethical problem where a healthcare provider makes decisions for a patient under the belief that they know best, violating patient autonomy.

Principle of Double Effect (PDE)

An ethical principle combining beneficence and nonmaleficence, stating an action having both good and bad effects is permissible if the intent is to achieve the greater good and harm is unintended.

Justice

An ethical principle in nursing requiring fair and equal treatment of all patients, with an equitable distribution of potential benefits and tasks.

Veracity

An ethical principle in nursing defining the obligation to always tell the truth to patients.

Fidelity

An ethical principle in nursing defining the duty to keep promises and remain trustworthy.

Code of Good Governance (2003)

A code promulgated by the PRC on July 23, 2003, adopted by all 42 Professional Regulatory Boards, requiring professionals to embrace ethical standards in work and daily life.

Divine Law

A classification of law according to origin that is given by God, such as the Ten Commandments.

Human Law

A classification of law according to origin that is created by people or government, such as the Nursing Practice Act and hospital policies.

Public Law

A type of human law governing relationships between the state and individuals, including criminal law.

Private Law (Civil Law)

A type of human law governing relationships between individuals, dealing with private rights, contracts, and compensation.

Nursing Jurisprudence

The legal principles, laws, and doctrines that guide nursing practice to ensure safe, ethical, and lawful care.

Philippine Nursing Act of 2002 (RA 9173)

The main law in the Philippines regulating nursing education, practice, licensure, and establishing the Professional Regulatory Board of Nursing.

PRC Law (PD 223, amended by RA 8981)

The law governing the regulation of all professions in the Philippines, ensuring compliance with codes of ethics and standards of practice.

Statutory Laws

Written laws created by the legislative branch (Congress or Parliament) that govern nursing practices.

Administrative Laws

Rules and regulations created and enforced by government agencies and nursing boards to carry out statutory laws.

Common Law / Case Law

Laws developed through judicial court decisions and legal precedents set by judges.

Preponderance of Evidence

The standard of proof required in civil law disputes.

Guilt Beyond a Reasonable Doubt

The standard of proof required in criminal law cases.

Tort

A wrongful act that causes harm to another person, leading to civil liability.

Assault

An intentional tort involving a verbal threat or gesture of harmful or offensive contact without physical touch that causes fear.

Battery

An intentional tort involving actual harmful or offensive touching of a person without consent.

False Imprisonment

An intentional tort involving unjustifiable restraint or confinement of a person without legal reason or consent.

Invasion of Privacy

An intentional tort involving the violation of a patient's personal dignity, such as failing to close examination curtains.

Breach of Confidentiality

An intentional tort involving the unauthorized sharing of private patient information with third parties.

Defamation

The act of damaging another person's reputation through false statements made to a third party, categorized as slander or libel.

Slander

Spoken false statements that damage another person's reputation.

Libel

Written false statements that damage another person's reputation.

Negligence

An unintentional tort referring to the commission or omission of an act that a reasonably prudent person would or would not do, proximately causing injury.

Malpractice

Professional negligence characterized by improper or unskillful care of a patient by a healthcare professional or stepping beyond authority.

Actus Reus

The physical element or wrongful doing in a crime, such as administering wrong medications.

Mens Rea

The mental element or deliberate/reckless state of mind in a crime, such as falsifying a chart.

Principal (in Crime)

The primary person who directly commits or orders the criminal act.

Accomplice

A person who actively assists or supports in the commission of a crime.

Accessory

A person who assists after a crime has already been committed, such as concealing evidence.

Felony

A major public offense punishable by death or imprisonment in a penitentiary or prison.

Misdemeanor

A less serious crime or minor violation of the law, such as petty theft of hospital supplies.

Justifying Circumstances

Circumstances where an act is deemed lawful and justified, resulting in no criminal liability.

Exempting Circumstances

Circumstances where a crime is committed but the person is free from criminal liability due to incapacity.

Mitigating Circumstances

Factors that lessen criminal liability or reduce the penalty, such as voluntary surrender or confession.

Aggravating Circumstances

Factors that worsen a crime and increase criminal liability, such as abuse of authority or cruelty.

Alternative Circumstances

Factors that can either increase or decrease criminal liability depending on the situation, such as intoxication or relationship.

Res Ipsa Loquitor

A legal doctrine meaning 'the thing speaks for itself,' where negligence is presumed because injury would not occur without negligence.

Force Majeure

A legal doctrine referring to an 'Act of God' or unforeseen event beyond human control that prevents fulfillment of duty.

Respondeat Superior

A legal doctrine meaning 'let the master answer,' holding employers liable for negligent acts committed by employees within their scope of employment.

Subpoena Duces Tecum

A court order requiring an individual to bring documents, records, or evidence under their control to court.

Subpoena Ad Testificandum

A court order requiring an individual to appear and testify as a witness in court or legal proceedings.

Summon

A legal notice directing an individual to appear in court to answer charges or a filed complaint.

Informed Consent

A legal document giving permission for surgery, treatment, or procedure after understanding risks, benefits, and alternatives.

Implied Consent

Consent assumed by law in emergency situations where a patient is unable to consent and delay would cause harm or death.

Living Will

An advance directive in which a patient states in writing the medical treatments they want or do not want if incapacitated.

Durable Power of Attorney for Health Care

An advance directive designating a trusted health care proxy to make medical decisions on behalf of an incapacitated patient.

RA 2382 (Philippine Medical Act)

The law regulating the medical profession and defining medical practice boundaries that nurses must respect.

RA 7305 (Magna Carta for Public Health Workers)

The law protecting the rights, benefits, and welfare of health workers, including nurses.

RA 7600 (Rooming-In and Breastfeeding Act)

The law promoting breastfeeding and requiring health facilities to practice rooming-in.

RA 9288 (Newborn Screening Act of 2004)

The law ensuring mandatory newborn screening to detect metabolic disorders.

RA 6675 (Generics Act of 1988)

The law requiring the use of generic drug names in prescribing and dispensing medications.

RA 8504 (Philippine AIDS Prevention and Control Act)

The law ensuring preventive measures, confidentiality, and care for HIV/AIDS patients.

RA 3573 (Law on Reporting Communicable Diseases)

The law requiring all communicable diseases to be reported to the nearest health station.

PD 996 (Compulsory Immunization Law)

The law mandating immunization of children below 8 years against major preventable diseases.

RA 9262 (Anti-Violence Against Women and Their Children Act)

The law providing protection for women and children from physical, sexual, or psychological abuse.

LOI 949 (Primary Health Care)

The Letter of Instruction serving as the legal basis for implementing primary health care in the Philippines.