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Bioethics Is ethics as applied to human life or health Ex: Abortion or euthanasia

Moral Principles Are statements about broad, general, philosophical concepts, such as autonomy and justice. They provide

the foundation for moral rules which are specific prescriptions for actions Ex: people should not lie

Autonomy The right to make one’s own decisions

Nonmaleficence Duty to “do no harm”

Beneficence Means “doing good” Nurses are obliged to do good, to implement actions that benefit clients and their support persons

Justice Referred to as fairness

Fidelity To be faithful to agreements and promises

Veracity Telling the truth

Responsibility Refers to specific accountability or liability associated with the performance of duties of a role

Philippine Nursing Act of 1992 – defines the scope of nursing practice

Nurses are held responsible and accountable for the quality of performance of their duties. Nurses employed in any agencies are directly responsible to their immediate supervisors. PDN are held to a standard of conduct that is expected of reasonably prudent nurses.

Nurses’ Bill of Rights Nurses have the right of practice in any manner that fulfills their obligations to society and to those who

receive nursing care. Nurses have the right to practice in environments that allow them to act in accordance with professional

standards and legally authorized scopes of practice. Nurses have the right to a work environment that supports and facilitates ethical practice, in accordance

with the Code of Ethics for Nurses and its imperative statements. Nurses have the right to freely and openly advocate for themselves and their patients, without fear of

retribution. Nurses have the right to fair compensation for their work, consistent with their knowledge, experience,

and professional responsibilities. Nurses have the right to a work environment that is safe for themselves and their patients.

Nurses have the right to negotiate the conditions of their employment, either as individuals or collectively, in all practice settings.

Unprofessional Conduct Incompetence or gross negligence Conviction for practicing without a license Classification of client’s records Legally obtaining, using, or possessing controlled substances Having personal relationship with a client

Categories of Confidential Information Vital statistics Infections and communicable diseases Child or elder abuse Violent incidents

Definition of a Law Is the sum total of rules and regulations by which a society is governed

Functions of the Law in Nursing Provides a framework for establishing which nursing actions in the care of the clients are legal Differentiates the nurses’ responsibilities from those of other health professional Helps establish the boundaries of independent nursing action Assists in maintaining a standard of nursing practice by making nurses accountable under the law

Types of Law1. Public Law

The body of law that deals with relationships between individuals and the government and government agencies

An important segment of public law is criminal law which deals with actions against the safety2. Private Law/Civil Law

Body of law that deals with relationships among private individualsa. Contract law –involves the enforcement of agreements and private individuals or the

payment of compensation for failure to fulfill the agreementsb. Tort law – defines and enforces duties and rights among private individuals that are not

based on contractual agreements

Sources of Law1. Constitutional Law – supreme law

Establishes general organization of the government Grants certain powers to the government Places limitations to what the government may do Creates legal rights and responsibilities Foundation for a system of justice

2. Legislation (Statutory Law) Law enacted by any legislative body

3. Administrative Law – when a state legislature passes a statute, an administrative agency is given the authority to create rules and regulations to enforce the statutory laws.

4. Common Law – law evolving from court decisions.

Tort Law- Deals with rights and obligations of the person involved in an act; related to injury or harm committed to a

person; invasion of privacy; damage to a person’s property, business, reputation

- Forms: Intentional and Unintentional

Characteristics of Law It comes from an authority: the right to declare that the rule exists Rule is pronounced and source is identified Right to enforce the same is provided

The controlling authority Government: embodiment of such control is the constitution Constitution is the fundamental law of the land Constitution contains principles on which the government is founded; regulates the sovereign powers;

directs to which the powers are entrusted; specifies manner by which the powers are exercised

Pronouncement of the Law Declared in writing: to enforce control Sources of Pronouncements:

1. Constitution2. Statues or legislations3. Regulations4. Judicial decisions5. Presidential decrees6. LOI

Rules of Conduct Provided by the law making body Issued in writing Provisions on consequences for violations

Will Legal declaration of a person’s intentions upon death Testamentary document because it takes effect after the death of its maker

Decedent A person whose property is transmitted through succession whether or not he left a will

o Testator – person who left a willo Testatrix – woman who makes a will

Heir A person called to succession either by the provision of a will or by operation of law

Testate A person who dies leaving a will

Intestate A person dies without leaving a will

Probate Validation of a will in court

Administrator One who administer the provision of the will

Holographic Will

A will which is written, dated and signed by the testator

Nuncupative / Nuncupation Will Oral will

Six Elements that must be present for a case of nursing malpractice to be proven1. Duty

o The nurse must have a relationship with the client that involves providing care and following an acceptable standard of care

2. Breach of dutyo There must be a standard of care that is expected in the specific situation, but that the nurse did

not observe3. Foreseeability

o A link must exist between the nurse’s act and the injury suffered4. Causation

o It must be proved that the harm occurred as a direct result of the nurse’s failure to follow the standard of care and the nurse could have known that failure to follow the standard of care could result in such harm

5. Harm or injuryo The client or plaintiff must demonstrate some type of harm or injury as a result of the breach of

duty owed the client6. Damages

o If malpractice caused the injury, the nurse is held liable for damages that may be compensated. The goal of awarding damages is to assist the injured party to his or her original position so far as financially as possible.