Juris Quiz 2

1982

year the PNA developed code of ethics but not implemented

1984

added “promotion of spiritual environment” to the ICN COE

1989

year the COE by PNA was approved by PRC

October 25, 1990

date the COE by PNA was approved

July 14, 2004

date the new COE was adopted under RA 9173

Article I - Preamble

Health is a fundamental right. The Filipino RN, believing in the worth and dignity of each human being, recognizes the primary responsibility to preserve health at all cost.

Article I - Preamble

To assume this responsibility, RNs have to gain knowledge and understanding of man’s cultural, social, spiritual, psychological, and ecological aspects of illness, utilizing the therapeutic process.

Article I - Preamble

The desire for the respect and confidence of clientele, colleagues, coworkers, and the members of the community provides the incentive to attain and maintain the highest possible degree of ethical conduct.

Article II – Registered Nurses and People

Values, customs, and spiritual beliefs held by individual shall be represented.

Article II – Registered Nurses and People

Individual freedom to make rational and unconstrained decisions shall be respected.

Article II – Registered Nurses and People

Personal information acquired in the process of giving nursing care shall be held in strict confidence.

Article III – Registered Nurses and Practice

Human life is inviolable

Article III – Registered Nurses and Practice

Quality and excellence in the care of patients are the goals of nursing practice.

Article III – Registered Nurses and Practice

Accurate documentation of actions and outcomes of delivered care is the hallmark of nursing accountability

Article III – Registered Nurses and Practice

Registered nurses are the advocates of the patients: they shall take appropriate steps to safeguard their rights and privileges.

Article III – Registered Nurses and Practice

Registered Nurses are aware that their actions have professional ethical, moral and legal dimensions. They strive to perform their work in the best interest of all concerned.

Article IV - Registered Nurses and Co-workers

The RN is in solidarity with other members of the health care team in working for the patient’s best interest.

Article IV - Registered Nurses and Co-workers

The RN maintains collegial and collaborative working relationship with colleagues and other healthcare providers

Article V – Registered Nurses, Society, and Environment

The preservation of life, respect for human rights, and promotion of healthy environment shall be a commitment of a RN

Article V – Registered Nurses, Society, and Environment

The establishment of linkages with the public in promoting local, national, and international efforts to meet health and social needs of the people as a contributing member of society is a noble concern of a RN.

Article VI – Registered Nurses and the Profession

Maintenance of loyalty to the nursing profession and preservation of its integrity are ideal.

Article VI – Registered Nurses and the Profession

Compliance with the by-laws of the accredited professional organization (PNA) and other professional organizations of which the RN is a member is a lofty duty.

Article VI – Registered Nurses and the Profession

Commitment to continual learning and active participation in the development and growth of the profession are commendable obligations.

Article VI – Registered Nurses and the Profession

Contribution to the improvement of the socio-economic conditions and general welfare of nurses through appropriate legislation is a practice and visionary mission.

Article VII – Administrative Penalties, Repealing Clause and Effectivity

The certificate of registration of the RN shall either be revoked or suspended for violation of any provisions of this Code pursuant to Sec. 23 (f), Art.IV of R.A. No. 9173 and Sec. 23 (f), rule III of Board Res. No. 425, Series of 2003, the IRR

For unprofessional and unethical conduct

Grounds for suspension or revocation

For gross incompetence or serious ignorance

Grounds for suspension or revocation

For malpractice or negligence in the practice of nursing

Grounds for suspension or revocation

For practicing his/her profession during his/her suspension from such practice

Grounds for suspension or revocation

Responsibility

execution of duties associated with a nurse’s particular role

reliability and dependability

characteristics of responsible nurse

accountability

ability to answer for one’s own actions

herself/himself

who is the nurse most accountable to?

patient, profession, employing institution, and society

the nurse balances accountability between:

liability

obligation one has incurred or might incur through any act or failure to act

consent

A free and rational act that presupposes knowledge of the thing to which is being given by a person

consent

authorization by a patient or person authorized by law to give the consent on the patient’s behalf

informed consent

written document authorizing medical staff to perform procedures and treatment after a thorough explanation of patient’s condition and contemplated medical care

diagnosis and explanation of the condition

essential element of informed consent (1)

fair explanation of procedure to be done and used and the consequences

essential element of informed consent (2)

description of the alternative procedure and treatment

essential element of informed consent (3)

a description of the benefits to be expected

essential element of informed consent (4)

material rights if any

essential element of informed consent (5)

prognosis if the recommended care/procedure is refused

essential element of informed consent (6)

1. patient

2. authorized representative of a minor, mentally ill and physically unable (Parents and Legal Guardian)

3. emancipated minor

4. married minor

persons who can legally provide consent

1. protect the client

2. protect the hospital and its personnel from any liability

purposes of consent

refusal to consent

patient who is mentally and legally competent has the right to refuse the touching of his body or to submit to a medical or surgical procedure no matter how necessary nor how imminent the danger to his life or health if he fails to submit to treatment.

1. no consent necessary

2. next kin

3. two physicians according to hospital policy

for emergency situations, who can provide consent?

both husband and wife

for sterilization, who must consent?

patient’s consent alone

for sterilization secondary to obstetric condition, who can provide consent?

Malpractice

Any professional misconduct, improper or unskillful care, or any practice contrary to law or established rules and regulations by a nurse that resulted to person’s injury.

Malpractice

Denotes stepping beyond one’s authority with serious consequences.

1. duty

2. breach

3. proximate causation

elements of nursing malpractice

duty

to employ his/her training and skill in the care of the patient commences at the time his/her employment is engaged by the patients.

breach

improper performance by the nurse resulting to damage or injury to the body or health of the patient constitutes an actionable nursing malpractice

Proximate causation

(a) whether the nurse’s actions, in fact, causes harm to the patient; and

(b) whether these are proximate causes of the patient’s injury.

Negligence

failure to protect the interest of another person, the degree of care, precaution and vigilance that the circumstances justly demand that can result to injury

Negligence

Performing an act that a reasonable prudent person under similar circumstances would not do

Negligence

Commission or omission of an act which result to damage or damage is not evident

Reckless imprudence

occurs when a person does an act or fails to do it voluntarily but without malice from which material damage results immediately.

Simple Imprudence

means that the person or nurse did not use precaution and damage was not immediate or impending danger was not evident or manifest

Professional Negligence

failure of a nurse to behave or acts as a reasonable prudent nurse who is charge with a duty to use standard due care and to foresee harm that may result from failure to meet such standard which may be the proximate cause of injury to another person or property.

Existence of a duty on the part of the person charged to use due care under circumstances

Elements of professional negligence (1)

Failure to meet the standard of due care

Elements of professional negligence (2)

The foreseeability of harm resulting from failure to meet the standard

Elements of professional negligence (3)

The breach of standard resulted in injury to the plaintiff

Elements of professional negligence (4)

1. administrative

2. criminal

3. civil

types of liabilities

Material Rights

e.g. if a certain organ is to be removed, whether it can be salvaged

Reliability

consistency; same treatment towards all pt

Dependability

altruism; discharge functions w/o expecting anything in return

1. burns from hot water bags

2. use of defective equipment

3. mistaken identity

4. careless execution of doctor’s orders

give 4 common acts of negligence