Cherry lee Ebbat Assignment: Jurisprudence ELEMENTS INVOLVED IN LEGAL LIABILITY: 1.

Negligence refers to the commission or omission of an act, pursuant to a duty, that a reasonably prudent person in the same or similar circumstance would or would not do, and acting or non-acting of which is the proximate cause of injury to another person or his property. 2. Malpractice the idea of improper or unskillful care of a patient by a nurse; denotes stepping beyond ones authority with serious consequences. It is the term for negligence or carelessness of professional personnel. 3. Incompetence the lack of ability, legal qualifications or fitness to discharge the required duty. 4. Ignorance means want of knowledge. 5. Moral Turpitude an act of baseness, vileness or depravity in social or private duties. 6. Fraud a wrong doing or misconduct, an act resulting from a willful act to deceive; deceitful practice, rules of common honesty. 7. Deceit any act. Declaration or practice which misleads a person or which causes him to believe what is false. 8. False Statement an allegation or statement that is deceitful with intention to commit a fraud. PROFESSIONAL NEGLIGENCE A. Elements of Professional Negligence 1. Existence of duty on the part of the person charged to use due care under circumstances. 2. Failure to meet the standard of due care. 3. The foreseeability of harm resulting from failure to meet the standard. 4. The fact that the breach of this standard resulted in an injury to the plaintiff.

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Five Legal Doctrines to Describe Professional Negligence 1. Res Ipsa Loquitor three conditions are required to establish a defendants negligence without proving specific conduct. 2. Doctrine of Force Majeure - means an irresistible force, one that is unforeseen or inevitable. 3. Doctrine of Respondeat Superior let the master answer for the acts of the subordinate. 4. Captain of the Ship Doctrine 5. Doctrine of Corporate Liability

Definition: Prison mayor-major imprisonment. Prison greater Arresto menor-imprisonment from 1 day to 30 days. Prison less Arresto mayor- imprisonment for from one month and a day to six month. close arrest, placing a convict in prison with no possibility of getting out Reclusion temporal- the state of being in solitary confinement. temporary confinement Prison Correccional - Confinement in prison, also known as a penitentiary or correctional facility Reference: Professional Nursing in the Philippines 11th Edition, C&E Publishing Corp., 2010 10th Edition, C&E Publishing Corp., 2005 Rustico T. De Belen and Donna Vivian De Belen Nursing Law, Jurisprudence & Professional Ethics 1st Edition, C&E Publishing Corp., 2007 DOH Nursing Service Manual, 2005 Kozier, Erb, Berman and Snyder Fundamentals of Nursing: Concepts, Process and Practice 8th Edition, C&E Publishing Corp Commission on Higher Education CHED Memorandum Order (CMO) no. 14, S. 2009 Commission on Higher Education CHED Memorandum Order (CMO) no. 30, S. 2001 Dictionary. Com Spanish translation

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