Juris Chapter I-II (EAS)

Nursing

The diagnosis and treatment of human responses to actual or potential health problems.

Nursing

The unique function of the nurse is to assist the individual, sick or well, in the performance of those activities contributing to health or recovery (or to peaceful death), that the individual would perform unaided if he/she had the necessary strength, will or knowledge, and to do this in such a way as to help the individual gain independence as rapidly as possible. The nurse initiates and controls this aspect of his/her work and function. In addition, the nurse helps carry out the therapeutic plan as initiated by the physician. As a member of a medical team, the nurse helps other members, as they in turn help him/her, to plan and carry out the total program whether it be for the improvement of health, recovery from illness, or support in death.

Profession

A calling in which its members profess to have acquired special knowledge, by training, by experience, or by both, so that they may guide or advise, or serve others in that special field.

Nursing Profession

An occupation with a unique body of knowledge, attitude, and skills acquired through advanced training and experience in order to provide specialized service to society.

Professional Adjustment

Refers to the growth of the whole individual and the development of his/her physical, mental, emotional, social, and spiritual capacities.

Professional Nursing

According to the Philippine Nursing Act of 2002, a person shall be deemed to be practicing nursing when he/she singly or in collaboration with another, initiates and performs nursing services to individuals, families, and communities in any health care setting.

Singly

Refers to a nurse who is an independent practitioner.

In collaboration with another

Refers to a nurse who is a member of a health team.

Independent Nurse Practitioner

One who singly initiates and performs nursing services to individuals, families and communities in any health care setting.

Health Team Member Nurse Practitioner

One who, in collaboration with another, initiates and performs nursing services to individuals, families and communities in any health care setting.

Prudencia

Wisdom or prudence.

Prudencia

Pertains to one who behaves prudently wisely because he has knowledge of the possible consequence of a particular action.

Juris

Oral legal tradition/functional application of laws to particular sets of facts.

Jurisprudence

The philosophy of law.

Jurisprudence

The study, knowledge, or science of law.

Nursing Jurisprudence

The process of making laws for protection, promotion and improvement of the nursing practices.

Nursing Jurisprudence

Study of nursing law, lawsuits, liabilities, legal principles, doctrines and judicial precedents.

Nursing Legislation

Body of laws enacted by the constituent assembly (Congress) and approved by the head of state.

Nursing Legislation

The act or process of making laws affecting the science, art, and practice of nursing.

Law

In a comprehensive sense, it refers to a rule of action or norm of conduct applicable to all objects of creation.

Law

In a specific sense, it is a rule of conduct, just, obligatory, promulgated by legitimate authority and of common observance and benefit.

Law

Commands us to do what is good and prohibits us to do what is wrong.

Law

The system of rules which a particular body, organization, or place recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties.

Divine Law

The law promulgated by our Creator.

Human Laws

The law promulgated by human beings to regulate human relations.

Public Law

Laws that deal with the relationship between individuals and the government and government agencies.

Criminal Law

Branch of law which defines crimes, treats of their nature and provides for their punishment.

Criminal Law

Deals with behavior that is or can be construed as an offense against the public, society, or state.

Criminal Law

Described as the instrument of criminal policy.

International Law

Consists of rules and principles governing the relations and dealings of nations with each other.

International Law

Describes the relations between states and individuals and relations between international organizations.

Constitutional Law

A body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary, as well as the basic rights of citizens and the relationship between the central government and state, provincial, or territorial governments.

Administrative Law

The body of law that regulates the operation and procedures of government agencies.

Private Law

Laws that deal with the relationship among private individuals.

Civil Law

Pertains to the organization of the family and the regulation of property.

Civil Law

Defined as the mass of precepts which determine and regulate the relations of assistance, authority and obedience among the members of a family and those which exist among members of a society for the protection of private interests.

Contract Law

An exchange of promises by two or more persons resulting in an obligation to do or refrain from doing a particular act, which obligation is recognized and embraced by law.

Contract

A meeting of minds between two persons or parties whereby one binds himself with respect to the other, to give something or to render some service.

Offer

One of the parties made a promise to do or refrain from doing some specified action in the future.

Consideration

Something of value was promised in exchange for the specified action or nonaction.

Consideration

The value that induces the parties to enter into the contract.

Acceptance

The offer was accepted unambiguously.

Acceptance

May be expressed through words, deeds, or performance as called for in the contract.

Mutuality

The contracting parties had a meeting of the minds regarding the agreement.

Mutuality

It means that the parties understood and agreed to the basic substance and terms of the contract.

Remedial Law

Also known as adjective law.

Remedial Law

Branch of law which prescribes the method of enforcing rights or obtaining redress for their invasion.

Remedial Law

The rules which prescribe the procedure for the protection and enforcement of all claims arising from rights and duties created by law.

Responsibility

Refers to the execution of duties associated with a nurse’s particular role. That is, the nurse is responsible for providing care within established standards of the profession. The responsible nurse demonstrates characteristics of reliability and dependability.

Accountability

Refers to the ability to answer for one’s own actions. The nurse is accountable to herself most of all. He/she also balances accountability to the patient, the profession, the employing institution, and society.

Liability

An 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 who is legally capable to give the consent.

Consent

An authorization by a patient or person authorized by law to give the consent on the patient’s behalf that changes touching from non-consensual to consensual.

Informed Consent

A written document that authorizes the medical staff to perform procedures and treatment after a thorough explanation of the patient’s condition and contemplated medical care.

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.

Nursing Malpractice

Neglect of a nurse to use required skill and knowledge in the treatment of patient.

Nursing Malpractice

Ignorance, negligence, unskillfulness resulting to injury.

Nursing Malpractice

Omission of duty to patient that makes a nurse civilly or criminally liable.

Nursing Malpractice

Failure to duly perform the duties required of the profession that resulted to patient’s injury.

Duty (Element of Nursing Malpractice)

The duty of a nurse 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 (Element of Nursing Malpractice)

The breach of these professional duties, of skill and care, or their 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

The proximate causation in nursing can be divided into two injuries: (1) whether the nurse’s actions, in fact, causes harm to the patient

Negligence

The 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.

Criminal Negligence

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

Criminal Negligence

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

The failure of a nurse to behave or acts as a reasonable prudent nurse who is charged 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.

Duty (Element of Professional Negligence)

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

Failure to Meet the Standard of Due Care

Failure to meet the standard of due care.

Foreseeability of Harm

The foreseeability of harm resulting from failure to meet the standard.

Breach of Standard

The breach of standard resulted in injury to the plaintiff.

Torts

The act committed against a person or his property that is independent of a contract.

Torts

The person who has been wronged may seek compensation for the injury he has suffered from the wrong doer.

Torts

Generally result to civil cases which settle damages with money but rarely by imprisonment.

Torts

Tort may be classified as crime if severe and will be prosecuted under civil and criminal court of law.

Assault

An imminent threat of harmful or offensive bodily contact with another person.

Battery

An intentional, unconsented touching of another person.

Battery

An assault that is carried out willfully or violently touching another person’s body or clothes or anything attached to or held by the other person.

Defamation

Character assassination

Slander

Oral statement.

Libel

Written statement.

Invasion of Privacy

The right to be left alone, the right to be free from unwarranted publicity and exposure to public view as well as the right to live one’s life without having anyone’s name, picture or private affairs made public against one’s will.

False Imprisonment or Illegal Detention

Unjustifiable retention or prevention of movement of another person without consent.

Fraud

Willful and purposeful misrepresentation that can cause or have caused loss or harm to a person or property.

Damage (Element of Torts)

There must be damage to the offended party.

Legal Wrong or Fault (Element of Torts)

There is a legal wrong or fault, or negligence arising from an act or omission for which the offender must account.

Nexus of Cause and Effect (Element of Torts)

There is the nexus of cause and effect between such fault or negligence and the damage.

Crimes

Act committed or omitted in violation of the law.

Crimes

Act contrary to law or statute

Criminal Act

Action to execute resulting to a crime.

Criminal Intent

The 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.

Freedom (Element of Deliberate Intent)

Voluntary.

Intelligence (Element of Deliberate Intent)

Knowledgeable.

Misdemeanor

A general name for criminal offenses which does not in law amount to felony, an unlawful act of a less serious nature.

Felony

A crime of serious nature or a public offense for which the convicted person is liable to be sentenced to death or be imprisoned in a penitentiary or prison.

Principal

Direct part or execution of the act.

Principal by Direct Participation

Takes a direct part in the execution of the act.

Principal by Inducement

Directly forces or induces others to commit the crime.