Ethos - comes from Greek work w/c means

character/culture
- Branch of Philosophy w/c determines right
and wrong

who is the subject of complaint

Witness individual held upon to testify in
reference to a case either for the accused or
against the accused.

Moral - personal/private interpretation from

what is good and bad.

Written orders of court

1. Writ legal notes from the court

Ethical Principles:
1.

2.
3.
4.
5.
6.

Autonomy the right/freedom to decide (the

patient has the right to refuse despite the
explanation of the nurse) Example: surgery, or
any procedure
Nonmaleficence the duty not to harm/cause
harm or inflict harm to others (harm maybe
physical, financial or social)
Beneficence- for the goodness and welfare of
the clients
Justice equality/fairness in terms of
resources/personnel
Veracity the act of truthfulness
Fidelity faithfulness/loyalty to clients
Moral Principles:

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.

Golden Rule
The principle of Totality The whole is greater
than its parts
Epikia There is always an exemption to the
rule
One who acts through as agent is herself
responsible (instrument to the crime)
No one is obliged to betray herself You
cannot betray yourself
The end does not justify the means
Defects of nature maybe corrected
If one is willing to cooperate in the act, no
justice is done to him
A little more or a little less does not change the
substance of an act.
No one is held to impossible
Law rule of conduct commanding what is
right and what is wrong. Derived from an
Anglo-Saxon term that means that which is
laid down or fixed
Court -body/agency in government wherein
the administration of justice is delegated.
Plaintiff complainant or person who files the
case (accuser)
Defendant accused/respondent or person

A. Subpoena
Subpoena Testificandum a writ/notice to an
individual/ordering him to appear in court at a
specific time and date as witness.
Subpoena Duces Tecum- notice given to a
witness to appear in court to testify including all
important documents
Summon notice to a defendant/accused
ordering him to appear in court to answer the
complaint against him
Warrant of Arrest - court order to arrest or
detain a person
Search warrant court order to search for
properties.
Private/Civil Law body of law that deals with
relationships among private individuals
Public law body of law that deals with
relationship between individuals and the
State/government and government agencies.
Laws for the welfare of the general public.
Private/Civil Law :
Contract law involves the enforcement of
agreements among private individuals or the
payment of compensation for failure to fulfill the
agreements
Ex. Nurse and client nurse and
insurance
Nurse and employer client and health
agency
- an agreement between 2 or more
competent person to do or not to
do some lawful act.
- it maybe written or oral= both equally
binding

Types of Contract:

1. Expressed when 2 parties discuss and

agree orally or in writing the terms and
conditions during the creation of the contract.
Example:nurse will work at a hospital for only a
stated length of time (6 months),under stated
conditions (as volunteer, straight AM shift, with
food/transportation allowance)
2. Implied one that has not been explicitly
agreed to by the parties, but that the law
considers to exist.
Example:Nurse newly employed in a hospital is
expected to be competent and to follow
hospital policies and procedures even though
these expectations were not written or
discussed.
Likewise: the hospital is expected to provide
the necessary supplies, equipment needed to
provide competent, quality nursing care.
Feature/Characteristics/Elements of a
lawful contract:
1.
2.
3.
4.

1.

Promise or agreement between 2 or more

persons for the performance of an action or
restraint from certain actions.
Mutual understanding of the terms and
meaning of the contract by all.
A lawful purpose activity must be legal
Compensation in the form of something of
value-monetary
Persons who may not enter into a contract:
minor, insane, deaf, mute and ignorant
Tort law is a civil wrong committed against a
person or a persons property.
- person/persons responsible for the
tort are sued for DAMAGES
- Is based on : ACT OF
COMMISSION something that was
done incorrectly or ACT OF OMMISION
something that should have been done
but was not.
Classification of Tort
1. Unintetional
a. Negligence misconduct or practice that is
below the standard expected of
ordinary, reasonable and prudent person
- failure to do something due to lack of
foresight or prudence
- failure of an individual to provide

care that a reasonable person would ordinarily

use in a similar circumstance.
- An act of omission or commission
wherein a nurse fails to act in accordance with
the standard of care.
Doctrines of Negligence:
Res ipsa loquitor the thing speaks for itself
the injury is enough proof of negligence
Respondeat Superior let the master answer
command responsibility
Force majuere unforeseen event, irresistible
force
b. malpractice stepping beyond ones
authority
6 elements of nursing malpractice:
1. duty the nurse must have a relationship
with the client that involves providing care and
following an acceotable standard of care.
2. breach of duty the standard of care
expected in a situation was not observed by
the nurse
-is the failure to act as a reasonable, prudent
nurse under the circumstances
-something was done that should not have
been done or nothing was done when it should
have been done
3. foreseeability a link must exist between the
nurses act and the injury suffered
4. causation it must be proved that the harm
occurred as a direct result of the nurses failure
to follow the standard of care and the nurse
should or could have known that the failure to
follow the standard of care could result in such
harm.
5. harm/injury physical, financial, emotional as
a result of the breach of duty to the client
Example: physical injury, medical
cost/expenses, loss of wages, pain and
suffering
6. damages amount of money in payment of
damage/harm/injury

II. Intentional Tort

protected from:
a. use of clients name for profit
without consent using ones
name, photograph for
advertisements of HC agency or
provider without clients
permission
b. Unreasonable intrusion
observation or taking of
photograph of the client for
whatever purpose without clients
consent.
c. Public disclosure of private facts
private information is given to
others who have no legitimate
need for that.
d. Putting a person in a false/bad light
publishing information that is
normally considered offensive but
which is not true.

Unintentional tort do not require intent bur do

require the element of HARM
Intentional tort the act was done on
PURPOSE or with INTENT
- No harm/injury/damage is needed to be liable
- No expert witnesses are needed
1.

Assault an attempt or threat to touch another

person unjustifiably
Ex.: A person who threatens someone with a
club or closed fist.
Nurse threatens a client with an injection after
refusing to take the meds orally.

1.

Battery willful touching of a person, persons

clothes or something the person is carrying
that may or may not cause harm but the
touching was done without permission, without
consent, is embarrassing or causes injury.
Example:a nurse threatens the patient with
injection if the patient refuses his medsorally. If
the nurse gave the injection without clients
consent, the nurse would be committing battery
even if the client benefits from the nurses
action.

1.

Defamation communication that is false or

made with a careless disregard for the truth
and results in injury to the reputation of a
person
Types:
Libel defamation by means of print, writing or
picture
Example: writing in the chart/nurses notes
that doctor A is incompetent because he
didnt respond immediately to a call
Slander defamation by the spoken word
stating unprivileged (not legally protected) or
false word by which a reputation is damaged
Example: Nurse A telling a client that nurse B is
incompetent person defamed may bring the
lawsuit.
The material (nurses notes) must be
communicated to a 3rd party in order that the
persons reputation maybe harmed

False Imprisonment unjustifiable detention of

a person without legal warrant to confine the
person
- occurs when clients are made to wrongful
believe that they cannot leave the place
Example:Telling a client no to leave the
hospital until bill is paidUse of physical or
chemical restraints
False Imprisonment
Forceful Restraint=Battery

1.

Invasion Of Privacy intrusion into the clients

private domain
-right to be left alone
Types of Invasion the client must be

e.

Public Law:
Criminal Law deals with actions or offenses
against the safety and welfare of the public.
homicide self-defense
arson- burning or property
theft stealing
sexual harassment
active euthanasia