Legal Responsibilities of Nurses 2

8/3/2019 Legal Responsibilities of Nurses 2

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Prepared by: Nurjean I. Chaneco, St.N


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the failure to provide the careof a reasonable person would

ordinarily provide in a similarsituation


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SPECIFIC EXAMPLES OF NEGLIGENCE Failure to report observations to attending physicians.

Failure to exercise the degree of diligence which the circumstancesof the particular case demands.

Mistaken Identity

Wrong medicine, wrong concentration, wrong route, wrong dose.

Defects in the equipment such as stretchers and wheelchairs may

lead to falls thus injuring the patients.

Errors due to family assistance.

Administration of medicine without a doctors prescription.


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Justifying Circumstances A person may not incur criminal liability under the following

circumstances:

when he/she acts in defense of his/her person or rightsprovided that-

there is an unlawful aggression on the part of the offended orinjured party.

There is reasonable necessity for the means employed by theperson defending himself/herself to prevent such aggression

There is lack of sufficient provocation on the part of theperson defending himself.


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1.2 when he/she acts in defense of the person or the rights of his/herspouse, ascendants, descendants, or legitimate or natural or adoptedbrothers or sisters, or relatives by affinity in the same degrees and those byconsanguity within the fourth civil degree, provided that the first and secondrequisites prescribed in the next preceding circumstance are present, andfurther requisite, in the case of provocation was given by the personattacked, that the one making defense had no part therein.

1.3 when he/she acts in defense of the person or rights of a strangerprovided that the first and second requisites mentioned in the firstcircumstance and that the person defending is not induced by revenge,resentment or other evil motives.

1.4 when any person who, in order to avoid an evil or injury, does an actwhich causes damage to another provided that the evil sought to be avoidedactually exists, the injury feared is greater than that done to avoid it andthere is no other practical and less harmful means to prevent it.

1.5 when he/she acts in the fulfillment of the duty or in lawful exercise of aright or office.


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There are certain circumstances under whichthe law exempts a person from criminalliability for the commission of a crime. Thefollowing persons under the circumstances

stated are expressly exempted by law fromcriminal liability for the crime they may havecommitted:


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An imbecile or an insane person, unless ther latter has actedduring a lucid interval;

A person under 9 years of age;

A person over nine years of age and under fifteen unlesshe/she acted with discernment;

Any person who, while performing a lawful act with due care,causes an injury which is merely an accident without fault orintention of causing it;

Any person who acts under the compulsion of an irresistibleforce

Any person who acts under the impulse of an uncontrollablefear of an equal of greater injury; and;

Any person who fails to perform an act required by the law,

when prevented by some lawful or insuperable cause.


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Those which do not constitute justification orexcuse of the offense in question, but which,in fairness and mercy, may be considered asextenuating or reducing the degree of moral

culpability. Following are some of thecircumstances considered by the law to bemitigating and, as such, lessened the criminalliability of the offenders.


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Circumstances which are otherwise justifying or exemptingwere it not for the fact that all requisites necessary to justifythe act of to exempt the offender from criminal liability in the

respective cases are not attendant.

When the offender has no intention to commit so grave awrong as the one committed.

When the offender is under 18 years of age or over 70 yearsold.

When sufficient provocation or threat in the part of the

offended party immediately precedes the act.


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When the act is committed in the immediate vindication of agrave offense to the one committing the felony, his/herspouse, ascendants, descendants, legitimate, natural oradopted brothers or sisters, or relative by affinity within thesame degree.

When a person acts upon an impulse so powerful as naturallyto have produced an obfuscation.

When the offender voluntarily surrenders himself to a person

in authority or his agents, or that he/she voluntarilyconfesses his/her guilt before the court prior to thepresentation of evidence for the prosecution.


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When the defender is deaf and dumb, blind or otherwisesuffering from some physical defect which thus restrictshis/her means of action, defense which thus restricts his/hermeans of action, defense or communication with his/herfellow beings.

When the offender is suffering from such illness as woulddiminish the exercise of his/her willpower without, howeverdepriving him/her consciousness of his/her acts.


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Are those attending the commission of acrime or make his guilt more severe. Some ofhe circumstances considered by law asaggravating the guilt of the offender are the

following:

When an offender takes advantage of hispublic position;

When the crime is committed in contempt ofor with insult to public authorities;


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When the act is committed with insult or in

disregard of the respect of the offended partyon account of his/her rank, sex, or age that iscommitted in the dwelling of the offendedparty, if the latter has not given provocation;

When the act is committed with abuse orconfidence or obvious ungratefulness;

When the crime is committed in a place ofworship;


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When the crime is committed on the occasionof a conflagration, shipwreck, earthquake,epidemic or other calamity or misfortune

When the crime is committed in considerationof a price, reward or promise

When the crime is committed by means ofinundation, fire, poision, explosion, standingsof a vessel or intentional damage thereto,derailment of a locomotive, or the use of any

other artifice involving great waste and ruin;


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When the act is committed with evidentpremeditation of after an unlawful entry;

When craft, fraud or disguise is employed;and

When the wrong done in the commission of

the crime is deliberately augmented bycausing other wrings not necessary for itscommission.


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Are those which must be taken intoconsideration as aggravating of mitigatingaccording to the nature and effects of thecrime and other conditions attending its

commission. These are the relationship,intoxication and degree of instruction andeducation of the offender.


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The alternative circumstance of relationshipshall be taken into consideration when theoffended party is the spouse, ascendant ordescendant, legitimate, natural, or adopted

brother or sister, or relative by affinity in thesame degree of the offender.


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Relationship is aggravating in physicalinjuries inflicted by a descendant upon anascendant. it is mitigating when an accusedaided his/her brother in the fight against the

offended party. Relationship is inherent inparricide or infanticide.


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The intoxication of the offender shall betaken into consideration as a mitigatingcircumstance when the offender hascommitted a felony in a state of intoxication,

if the same is not habitual or subsequent planto commit said felony. When the intoxicationis habitual or intentional, it shall beconsidered as an aggravating circumstance.


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Illiteracy itself is insufficient to be consideredmitigating. There must be lack of sufficientintelligence and knowledge of the fullsignificance of ones act.


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Legal Responsibilities of Nurses 2