Felonies - act or omission punishable by law (RPC)
1.
omission - inaction;
failure to perform a (+) duty; there should be a law requiring to perform the
act
2.
intent - purpose
to use a particular means to effect a result ( deliberate intent - freedom and
in intelligence)
3.
motive - moving
power which impels one to act for a definite result
Stages of execution
1.
Consummated – when all the
elements necessary for its execution and accomplishment are present
2.
Frustrated – when the
offender performs all the acts or execution which will produce the felony as a
consequence but which nevertheless produce it by the reason of causes
independent to the will of the perpetuator
3.
Attempted – when the
offender commences the commission of the same directly by overt acts and does
not perform the acts which shall produce the felony.
·
conspiracy - two
or more person agreed and committed the felony, a means by which another
person is held liable for the commission of a crime; each criminal is
responsible for the acts of his associates provided such act is a result of a
common plan
·
proposal - a
person who decided to commit a felony proposes its execution to another
Persons criminally liable
1. Principal
- by direct participation
- by inducement
- by indispensable cooperation
2. Accomplice - accessory before the fact
3. Accessory - accessory after the fact
- profiting themselves or assisting
others to profit
- concealing, destroying body of the
crime, effects, instruments to prevent its discovery
- harboring concealing, assisting the
escape of the principal
Felonies according to degree of
punishment
Grave offense, 1st offense - punishable of dismissal
1.
Dishonesty
2.
Gross neglect of duty
3.
Grave misconduct
4.
Notoriously undesirable
5.
Conviction of a crime involving moral
turpitude
6.
Falsification of documents
7.
Physical and mental incapacity due to
vicious habits
8.
Receiving for personal use of a fee and
gift
9.
Contracting loans or money from persons
whom the office of the employee has business relations
10.
Soliciting or accepting directly or
indirectly any gift, favor etc.
11.
Disloyal to RP
12.
Nepotism
Grave offense, 1st offense – punishable with suspension
without pay for six months and 1 day to 1 yr; 2nd offense
punishable with dismissal
1.
Oppression
2.
Disgraceful/immoral conduct
3.
Incompetent/inefficient
4.
Habitual absenteeism – exceeds 2.5 days
monthly allowable leave for at least in 3 months in a semester or at least 3
consecutive months in a year
5.
Habitual tardiness – regardless of the
number of minutes, 10 times a month for at least 2 months in a semester or at
least 2 consecutive months in a yr.
6.
Refusal to perform duty
7.
Gross insubordination
8.
Financial interest in any transaction
requiring the approval of his office
9.
Engaging in the private practice of his
profession unless authorized by law
10.
Disclosing confidential information
Less grave offense, 1st offense punishable with suspension
without pay for 1 month and 1 day to 6 months; 2nd offense,
punishable with dismissal
1.
Simple neglect of duty
2.
Simple misconduct
3.
Gross discourtesy in the course of
official duties
4.
Gross violation of civil service law
5.
Insubordination
6.
Habitual drunkenness
7.
Discrimination
8.
Failure to file assets and liabilities
Light offense, 1st offense punishable with reprimand;
2nd offense punishable with suspension without pay for 1 day to
30 days; 3rd offense punishable with dismissal
1.
Discourtesy
2.
Unauthorized solicitation from
subordinates
3.
Violation of office rules
4.
Gambling
5.
Refusal to render overtime
6.
Disgraceful, immoral and dishonesty prior
to entering the service
7.
Borrowing money from subordinates
8.
Lending money at usurious rates of
interest
9.
Willful failure to pay debts and taxes
10.
Failure to process documents and complete
action in documents
Circumstances affecting criminal
liability
1. Justifying
Circumstances - free from criminal and civil liability
·
Self - defense
1. Unlawful
aggression
2.
Reasonable necessity of the
3. Means
employed prevent/repel it
4. Lack of
sufficient provocation
5. On the
person defending himself
·
Defense of relatives - up to 4th
degree by consanguinity; that in the case of provocation was given by the
attacked, that the one making defense had no part therein
·
Defense of a stranger - defending
not induced by resentment, revenge or other evil motive
·
Who acts in fulfillment of a duty or in a
lawful exercise of a right or office
·
Who acts in obedience to an order by a
superior for some lawful purpose
2. Exempting Circumstances -
no criminal liability only civil liability
1.
Mistake of fact - (ignorantia facti
excusat) must be committed in good faith or under an honest belief
2.
An insane or imbecile unless acted during
lucid interval
3.
Under 9 years of age
4.
Over 9 under 15, unless acted with
discernment
5. While
performing a lawful act with due care causes an injury by mere accident without
fault or intention of doing it
6.
Who acted under the compulsion of an
irresistible force from a
third person
7.
Impulse of uncontrollable fear of an
equal or greater injury
8.
Insuperable or lawful cause
3. Mitigating
Circumstances
1.
Under 18 or over 70
2.
No intention to commit so grave a wrong
3.
Sufficient provocation or threat on the
part of the offended party immediately preceded the act
4.
Voluntary surrender
5.
Deaf, dumb or blind or suffering from
physical defect
6.
Such illness that would diminish the
exercise of his will power
9.
7.
Committed in the immediate vindication of a grave offense to the
one committing the felony, his/her spouse, ascendants, descendants, legitimate,
natural or adopted brothers or sisters, relative by affinity within
the same degree
7.
Acted upon an impulse so powerful as
naturally to have produced an obfuscation
4. Aggravating
Circumstances
1.
Advantage of public position
2.
In contempt or insult to public
authorities
3.
Abuse of confidence or obvious
ungratefulness
4.
Committed on occasion of epidemic,
conflagration, shipwreck or other calamity or misfortune
5.
In consideration of a price or reward or
promise
6.
Committed by means of fire, explosion,
stranded of a vessel
7.
With evident premeditation
8.
Craft, fraud or disguise
5. Alternating (either
mitigating or aggravating)
1.
Relationship, intoxication, degree of
education
2.
Education is not mitigating in rape,
forcible abduction, arson, treason, seduction, acts of lasciviousness, heinous
crimes
Criminal Negligence –
crime committed by means of fault (culpa)
Kinds:
1.
Reckless imprudence –
doing or failing to do an act resulting to injuries or death due to an
inexcusable lack of precaution
2.
Simple Imprudence – lack
of precaution; impending danger is not openly visible
NURSES AND CRIMES
NURSES AND CRIMES
1.
Parricide – killing of
his father, mother or child or any of his ascendants, descendants (legitimate
or illegitimate) and spouse
2.
Murder - with
intent to kill
3.
Homicide -
without intent to kill; absence of proof on how the victim was killed
4.
Infanticide - less than
3 days of age
5.
Abortion -
termination of pregnancy before fetus is viable (3-6 mos)
Under Philippine Law, Child Abuse refers to the
maltreatment, whether habitual or not, of the child, and such maltreatment
includes any of the following:
a. Psychological
and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment
b. Any act, by
deeds or words, which debases, degrades, or demeans the intrinsic worth and
dignity of a child as a human being
c. Unreasonable
deprivation of the child's basic needs for survival, such as food, shelter or
d. Failure to
immediately give medical treatment to an injured child, resulting in serious
impairment of his growth and development or in his permanent incapacity or
death
6. Sexual
harassment - words, gestures actions which tend to annoy and verbally
abuse another person
7. Simulation
of birth - crime against status by substitution of one child with
another; concealing or abandoning any legitimate child with intent to lose
civil status
8. Misdemeanor -
use to express every offense inferior to felony and punishable by indictment or
by particular prescribed proceedings
Example:
a. a person who
practices nursing without certificate of
registration
b.
any person assuming or using title
advertising as registered nurse without being conferred such
title
c. any person
advertising any title to convey the impression that she is a nurse (e.g. using
nurse's uniform and cap)
9. Physical
Injuries
Kinds:
1. Slight
physical Injuries – 1-9 days of incapacity/requires
medical attention
2. Less
serious physical injury – 10 days or more
3. Serious
physical injury – more than 30 days
Torts - a legal wrong committed against a
person or property independent of a contract which renders the person who
commits it liable for damages in a civil action
Examples
a.
assault and battery
b.
false imprisonment or illegal detention
c.
Invasion of right of privacy and breach
of confidentiality
Assault – attempt to
touch or threat another person unjustifiably
Battery – willful
touching of a person that may or may not cause harm; unconsented
touching of another person
Defamation –
communication that is false and results in injury to the reputation of the
patient
- Libel – by means of
print, writing or pictures
- Slander – spoken
words
False
Imprisonment of Illegal Detention
-
Unjustifiable detention of a person without a legal warrant within boundaries
Invasion
of Right to Privacy and breach of confidentiality
-
Right to privacy is the right to be left alone
-
Right to be free from unwarranted publicity
-
Exposure to public view
-
Divulge information from patient’s chart to improper sources or unauthorized
person
Jurisprudence in Nursing Practice
Imprudence – deficiency
of action; lack of skill
Negligence – lack
of foresight; deficiency of perception
- Specific examples of negligence:
1.
Failure to report observations to
attending Physicians
2.
Failure to exercise the degree of
diligence which the circumstances of the particular case demands
3.
Mistaken Identity
4.
Wrong medicine, wrong concentration,
wrong route, wrong dose
5.
Defects in the equipment such as
stretchers and wheelchairs may lead to falls thus injuring the patients
Malpractice – failure to
follow a reasonable professional standard of care, thereby resulting to injury
to a patient; professional negligence (Kozier, 2004)
- Specific examples of malpractice:
1.
Misdiagnosis of an illness, failure to
diagnose or relay diagnosis
2.
Birth Injuries
3.
Surgical Complications
4.
Prescription errors
5.
Failure to provide treatment
6.
Anesthesia related complications
7.
Failure to follow advance directive
8.
Failure of hospital or pharmacy to
dispense the right medicine and dosage
Concept of Accountability
- Accountability of the nurse to the
patient, physician or to the public has a reference to the quality of nursing
care she renders
- A contractual obligation which the
nurse assumed exposes her to a certain degree of accountability; the term
accountability carries the idea of sanction or penalty.
Documentation – recording/
charting
Purposes:
C – Communication
A – Assurance of quality
R – Research purposes
L – Legal document
S – Statistics source
SUBPOENA – an order from court
- Duces Tecum (papers) – documents obj,
materials, papers, chart
- Ad Testificadum (person) – witness
Do’s & Don’ts of charting
Do’s
Don’ts
F – Full, factual & accurate
L –
language – unacceptable
L – Legible
I – Improper corrections
I – Immediately after
procedure
S – Spaces,
skips
P – Personal notes, not delegated
A –
Avoid using too much abbreviations
“addendum” –
late entry
Doctrines in Nursing Practice
1.
Bonus Pater Familias (good
father of a family) – employer is liable on his own negligence
a. Culpa
In Eligiendo – liable for being negligent in the
selection of employees
b. Culpa
In Vigilando – liable for being negligent in the
supervision of employees
2.
Respondeat Superior (Let
the master/superior answer) – employer is responsible for the action of the
employee within the course of employment
3.
Professional Negligence - Commission
or omission of an act, pursuant to a duty
4.
Res Ipsa Loquitor (the
thing speaks for itself) – Ex. Scalpel left behind after appendectomy
5.
Force Majeure –
event which cannot be foreseen; an act of God; unexpected event. Ex. The nurse
and the patient trapped in the elevator because of an earthquake and the
patient died despite proper intervention.
6.
Damnun Absque Injuria (although
there was a physical damage, there is no legal injury) – Ex. Expert IVT nurse
who carefully performed her duty hurt a patient because of the lighting that
strikes the room causing injury to the patient
7.
Stare Decisis (stand
by decisions) – court should stand with its previous decision
8.
Nolo Contendere (I
will not defend it) – plea of guilty
9.
Malfeasance –
performance of some act which ought not to be done
10. Misfeasance –
improper performance
11.
Nonfeasance –
omission of some act which ought to be performed
12. Captain
of the Ship Doctrine
13. Doctrine
of Corporate Liability
14. Doctors
order rule
-
General rule - no
telephone order
-
“Whatever is not written is not an order”
-
Exception – Emergency!
-
After MD says order – repeat instruction
on phone
-
Have resident MD sign within 24 hrs!
Administer meds.
-
When MD arrives – have him counter sign
his order
15.
Nurse as witness rule
1. Ordinary
witness – one who can testify as to the conditions present in
the issue or surrounding the case
2. Expert
witness – testify on the issue by giving his opinion or advice from
the facts presented
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