Legal Aspects of Nursing - In Depth Notes

Definition of Law
- A rule of conduct pronounced by a controlling authority that can be enforced.
- Essential characteristics of law:
  - the authority or the right to declare the rule exists.
  - rule is pronounced or expressed with an identifiable source.
  - a right to enforce the rule must be provided.

Definition
- Comprises all legal rules and principles affecting nursing practice, including the study and interpretation of these rules, principles and their application and regulation of the nursing practice

Provides Legal Framework
- Delineates responsibilities of nurses vs. other professionals.
- Establishes boundaries for independent nursing actions.
- Maintains standards of nursing practice, making nurses accountable.

Act No. 2493 (1915)
- First law regulating nursing practice in the Philippines.
- Required applicants to be at least 20 years old, have good health, and character.
- Established examination and registration processes.
Act No. 2808 (1919)
- Known as the first true nursing law; created a board of examiners for nurses.
R.A. 877 (1920)
- First board examination was held on June 19, 1953.
Nurses' Week Proclamation
- Presidential Proclamation No. 539 (1958) recognized the last week of October as Nurses' Week.
Republic Act 4704 (1966)
- Amended provisions of R.A. 877, broadening the scope of nursing practice.
Republic Act 7164 (1991)
- Codified nursing practice laws.
Republic Act No. 9173 (2002)
- Replaced R.A. 7164; regulated nursing practice in the Philippines.

Responsibilities
- Nurses hold professional obligations and legal responsibilities.
- Licensing attests qualification to practice; accountability for actions is paramount.
Standards and Accountability
- Nurses accountable to supervisors, and must meet standards of due care.
- Responsibility refers to executing duties; accountability relates to answering for actions.
- Liability results from failing to meet legal care expectations, leading to potential client harm.

Definition
- Commission or omission of an act causing harm due to failure to follow standard care.
- Example: A nurse fails to sterilize equipment properly, leading to patient harm.
Elements
- Existence of duty, failure to meet standard, foreseeability of harm, and injury to the plaintiff.

Definition
- Improper care or exceeding authority, leading to serious consequences.
Medical Orders and Medications:
- Only authorized medical practitioners can prescribe drugs (R.A. 6675).
- Nurses execute medication orders provided they are in writing and signed appropriately.
- Importance of understanding medications to prevent errors.
Verbal Orders
- Must be clarified to prevent misunderstandings.
- Nurses should be knowledgeable about medications to report effects properly.

Definition
- Consent must be informed, free, and based on adequate knowledge.
- Pertains to initial and subsequent medical procedures.
- Exceptions include emergencies where consent is not required.
Informed Consent Essential Elements
- Diagnosis, procedure explanation, alternative treatments, expected benefits, and prognosis.
Proof of Consent
- Written consent and legal rights surrounding competency, including minors and mentally incapacitated individuals.

Importance
- Serve as scientific and legal evidence of treatment.
- Should be recorded accurately and promptly to ensure protection and facilitate treatment.
Confidentiality
- Nurses are responsible for protecting patient records from unauthorized access.

Obligations
- Acquire knowledge and skills under supervision of clinical instructors.
- Acknowledge ethical decision-making processes.
Measures to Minimize Errors
- Continuous supervision, appropriate training assignments, seeking guidance, and frequent assessments.