Understanding Laws and Due Process

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Questions and Answers

Which option best describes the nature of nursing as defined in the content?

Primarily focused on technical skills

A purely artistic expression

A rigid, unchanging discipline

Dynamic and cyclical in nature (correct)

What is one of the four fundamental responsibilities of nursing?

Prioritize technical skills only

Prevent illness (correct)

Focus solely on restoring health

Disregard cultural differences

Which of the following is a characteristic of nursing based on the content?

Committed to personalized services (correct)

Based only on scientific knowledge

Involves impersonal contact with patients

Exclusive to a specific socioeconomic group

Which step in the nursing process involves evaluating the effectiveness of care?

Evaluation Signup and view all the answers

Which activity is an example of promoting health as outlined in the responsibilities of nursing?

Immunization of pneumonia vaccine for senior citizens Signup and view all the answers

What type of law primarily deals with individual relationships and does not concern the public at large?

Private or Civil Law Signup and view all the answers

Which of the following is NOT a phase of due process?

Post-trial Review Signup and view all the answers

If an individual cannot afford a lawyer, what is guaranteed to them?

A lawyer will be appointed before questioning. Signup and view all the answers

What does a subpoena specifically compel a witness to do?

Bring documents or objects. Signup and view all the answers

In a civil case, who is typically the complainant?

The Plaintiff Signup and view all the answers

Which type of law governs the relationships between private individuals or organizations and public bodies?

Public Law Signup and view all the answers

What happens if an individual decides to answer questions without a lawyer present?

They can stop answering at any time. Signup and view all the answers

What does the term 'writ' refer to in legal proceedings?

A formal order issued by a court. Signup and view all the answers

What is the primary consequence of malpractice in nursing?

Providing standard care below the quality expected Signup and view all the answers

Which term refers to the improper performance of a lawful act?

Misfeasance Signup and view all the answers

What is an example of nonfeasance in nursing?

Failing to monitor a patient's vital signs Signup and view all the answers

Which of the following is NOT associated with the tort of assault?

Physical contact without consent Signup and view all the answers

What constitutes defamation in the context of nursing?

False communication causing damage to reputation Signup and view all the answers

Which of the following actions would be considered an invasion of privacy in nursing?

Discussing a patient's condition with unauthorized personnel Signup and view all the answers

Which scenario would most likely lead to charges of false imprisonment?

Preventing a patient from leaving the hospital without discharge Signup and view all the answers

What is generally considered malfeasance in the context of nursing?

Performing an act that one is not authorized to do Signup and view all the answers

Which virtue is emphasized as a necessary trait of a good person that involves making ethical decisions?

Courage Signup and view all the answers

What does the concept of veracity emphasize in biomedical ethics?

The obligation to tell the truth Signup and view all the answers

Which principle ensures that patients have the right to make their own decisions based on personal beliefs?

Autonomy Signup and view all the answers

In the deontological approach, actions are considered morally good when they are performed from what?

A sense of duty and reason Signup and view all the answers

Which of the following virtues must be cultivated over time through lived experience?

Moral virtues Signup and view all the answers

What is the aim of advocacy in the context of ethical decision-making?

To protect patient rights Signup and view all the answers

What does the principle of non-maleficence hold as a standard in ethical practices?

To do no harm Signup and view all the answers

Which of the following is a requirement of the divine command ethics approach?

Compliance with rules set by a divine being Signup and view all the answers

What is the primary purpose of the guidelines and regulations promulgated by the Commission?

To improve nursing practice and enforce the Act Signup and view all the answers

Who has the authority to designate the places and dates for the licensure examination?

The Commission Signup and view all the answers

What must all applicants for the nursing license examination be?

Filipino citizens or citizens of a reciprocal country Signup and view all the answers

What type of conduct could potentially lead to irregularities in the licensure examination?

Unprofessional, immoral, or dishonorable conduct Signup and view all the answers

What is required of the Board concerning its annual report?

To account for proceedings and recommend improvements Signup and view all the answers

What might cause the removal or suspension of a Board member?

The President’s decision after a proper review Signup and view all the answers

What principal act regulates the conduct of examinations and licensing for nursing practice?

RA no 8981 Signup and view all the answers

Which of the following is NOT mentioned as a purpose of the guidelines and regulations?

Implementation of punishment for infractions Signup and view all the answers

Study Notes

Laws

Customary Laws are based on the traditions and customs of society, but recognized by the Constitution. Examples: marriage rights, property ownership.
Private or Civil Law governs relationships between private individuals and does not affect the public.
Public Law governs interactions between private individuals and public bodies (government departments).

Due Process Phases

Pre-Trial phase focuses on: eliminating disputes, reaching agreements, and settling procedures.
Trial phase presents facts, determines truth, and applies the law.

Lawsuits

Parties in Civil Cases: Complainant vs Defendant
Parties in Criminal Cases: Plaintiff vs Accused
Witness: Provides information for either the Plaintiff/Accused or Defendant.

Civil Law in Nursing

Contract Law: Rules regarding agreements between individuals or entities.
- Contract Elements: (a) Agreement, (b) Mutual understanding of terms, (c) Payment.

Types of Torts

Assault: Threat to touch another person offensively without consent.
Battery: Touching another person without consent.
Invasion of Privacy: Violating a patient's right to privacy.
False Imprisonment: Physically preventing or wrongly making someone feel prevented from leaving a place.
Defamation: Publishing intentionally false, written, or verbal information that damages someone’s reputation.

Malpractice

Defined as providing care below the standard quality expected from a similarly trained professional.
Common Examples: Botched treatment, failure to monitor, failure to provide care, poor documentation.

Art: Skills requiring dexterity and expertise.
Science: Systematic knowledge using scientific methods and procedures.
Social Science: Primarily focused on humans, whether healthy or sick.

Nurse Responsibilities

Promote health
Prevent illness
Restore health
Alleviate suffering

Nursing Process Steps

Assessment
Diagnosis
Planning
Implementation
Evaluation

Characteristics of Nursing

Caring
Involves close interaction with patients
Concerned with physical, psychological, and social aspects of patients
Committed to individualized care
Dedicated to promoting individual, family, community, and national health goals
Focuses on virtues such as courage, temperance, wisdom, and justice

Ethical Decision-Making

Fletcher’s Guidelines:
- Consider people as human beings.
- Consider consequences.
- Proportionate good from choices.
- Actual needs over potential.
- Desire to enlarge choices.
- Courageously accept the decision's consequences.

Ethics Theories

Deontological Approach: Focuses on duty and reason. Morally good actions are motivated by a sense of duty.
Virtue Ethics: Emphasizes character traits, good habits, and living a virtuous life.
Divine Command Ethics: Moral decisions are guided by a supreme or divine being's rules, found in religious texts.

Universal Principles of Biomedical Ethics

Autonomy: Right to make decisions based on personal beliefs and values.
Veracity: Telling the truth.
Beneficence: "Doing good."
Justice: Right to fair and equal treatment.
Non-maleficence: "Do no harm."
Fidelity: Principle of promise-keeping.
Advocacy: Obligation to speak out and promote improvements in nursing practice, profession, and enforcement of laws.

Nursing Licensure and Regulation

Board of Nursing Functions:
- Sets standards for nursing practice.
- Conducts licensure examinations.
- Enforces nursing laws and ethics.
- Promotes professional development.
- Issues nursing licenses.
- Holds disciplinary hearings.
Annual Report: Board submits a yearly report to the President of the Philippines detailing activities, achievements, and recommendations for improvements.
Removal/Suspension of Board Members: The President can remove or suspend members for reasons like misconduct or negligence.
Licensure Examination: Required for all applicants seeking a license to practice nursing.
Eligibility: Must be a Filipino citizen, or a citizen of a country that permits Filipino nurses to practice under similar conditions.

Unprofessional Conduct

Unprofessional Conduct: Behaviors that violate nursing ethical standards and the standards of the nursing profession.
Examples:
- Providing false information or deceptive advertising.
- Misusing patient records or information.
- engaging in sexual activities with patients.
- Violating patient privacy and confidentiality.
- Failing to meet professional standards of care.
- Engaging in substance abuse or impairment while on duty.
- Engaging in financial exploitation of patients.
- Engaging in abusive or discriminatory practices.
- Failing to report illegal or unethical activities.
- Violating state and federal laws and regulations.
Consequences of Unprofessional Conduct: -Disciplinary action by the Board of Nursing (BON) -Suspension or revocation of the nursing license -Fines -Probation -Mandatory continuing education courses -Reporting to law enforcement agencies if criminal activity is involved -Criminal charges and prosecution

Nursing Jurisprudence

Nursing Jurisprudence focuses on laws and legal principles that affect the nursing profession.
Important topics include: legal responsibilities of nurses, patient rights, informed consent, negligence, and professional liability.
Nurses must stay informed about legal standards, laws, and regulations that affect their practice to ensure they provide safe and ethical care.

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Description

This quiz explores various types of laws, including customary, private, and public laws, as well as the phases of due process. It also delves into civil law concepts relevant to nursing, such as contract law and its elements. Test your knowledge on the legal principles that govern individual and societal interactions.