Nurses and Crimes PDF

NURSES AND CRIMES Elements of Professional Negligence Crime Existence of Duty Failure to meet the standards of due care Act comm...

NURSES AND CRIMES Elements of Professional Negligence Crime Existence of Duty Failure to meet the standards of due care Act committed in the violation of public law and The foreseeability of harm resulting from punishable by a fine and/or imprisonment. failure to meet the standard ✓ Intentional Proximate causation ✓ Unintentional Specific Examples Classifications of Crimes 1. Failure to report important observations to the attending physician Felony – a crime of serious nature  Misdemeanor – an offense of less serious 2. Failure to exercise the degree of diligence nature and punishable by a which the circumstances of the particular case demands ✓ fine or 3. Mistaken Identity ✓ Short jail term 4. Wrong Medicine, wrong concentration, wrong Tort ( Intentional) route, wrong dose Is a civil wrongdoing committed against a person 5. Defects in the equipment such as stretchers and or person’s property. wheelchairs may lead to fall Fraud – false presentation of some facts with 6. Errors due to family assistance the intention that it will be acted by another. Malpractice Defamation – made with careless disregard of truth - in the usual sense the idea of improper or unskillful care of a patient by a nurse. o Libel - WRITTEN - denotes stepping beyond one’s authority with o Slander– oral defamation serious consequences. Assault - unjustifiable attempt to touch - the act committed in the course of professional another person or a threat performance Battery -actual carrying of the threat. Examples: False imprisonment – unlawful detention o Giving anesthesia by the nurse o Prescribing Medicines Invasion of privacy – violation of a person’s right to be left alone. Felonies (delitos) Professional Negligence - are acts and omissions punishable by law and they may be committed by: -Commission or omission of an act , pursuant to duty, that a reasonably prudent person in the same Deceit (dolo) - act committed with similar circumstances would or would not do deliberate intent (freedom and AND intelligence) and -acting or the non-acting of which is the Means of fault (culpa) – wrongful acts proximate cause of injury to another or his result from imprudence, lack of foresight, property or lack of skills  **with criminal intent Reclusion perpetua. - The penalty of reclusion perpetua shall be from twenty Criminal negligence years and one day to forty years. Reckless imprudence – when a person Reclusion temporal. - The penalty of does or acts or fails to do it voluntarily reclusion temporal shall be from twelve but without malice, from which material years and one day to twenty years. damage results immediately while Prision mayor and temporary Simple imprudence- person or nurse did disqualification. -6 yrs , 1 day to twelve not use precaution and the damage was years, except when the penalty of not immediate or the impending danger disqualification is imposed as an accessory was not evident or manifest penalty, in which case, its duration shall be A. Degree of execution that of the principal penalty. Consummated – all elements necessary Prision correccional, suspension, and for execution and accomplishment are destierro - six months and one day to six present years Frustrated – when the offender Arresto menor. - The duration of the performs all the acts of the execution penalty of arresto menor shall be from one which would produce the felony as day to thirty days. consequence by which does not produce Bond to keep the peace. - The bond to keep it by reason of causes independent of the the peace shall be required to cover such will of the perpetrator period of time as the court may determine. Attempted - when the offender commences the commission of the same ✓ life imprisonment – acts and does not perform all the acts of -30 yrs, 1 day to 40 yrs execution which should produce a - is imposed on offenses punishable by felony by reason of some cause or special laws. accident other than his own spontaneous ✓ Reclusion Perpetua- 20 yrs, 1 day to 40 yrs desistance. ✓ by 30 yrs shall be pardoned unless deemed B. According to degree of punishment unworthy of the pardon. Grave- capital punishment (death) or Conspiracy penalties that are afflictive (imprisonment from 6 years, one day to life imprisonment -exists when 2 or more persons come to an or fine 6,000.00) agreement concerning commission of a felony Less grave – punishment are and decide to commit it. correctional. -There is proposal when the person who has (imprisonment ranging from 1 month , 1 decided to commit a felony proposes its execution day to 6 years, or fine not exceeding to some other person or persons. P6,000.00 but not less than P200) Light- arresto menor (1 day to 30 days, or -No formal agreement between two parties ; a a fine not exceeding P200), punishable only mutual implied understanding is sufficient to when consummated with exception of those constitute the offense. committed against persons or property. RPC - Act 3815 Classifications of Persons criminally liable 1. Principals- these who take a direct part in the execution of the act or those who directly force or induce others to commit it, or those who ✓ Any person who, while performing a cooperate in the commission of the offense by lawful act with due care, causes an injury another act without which the crime would not by mere accident, without fault or have been accomplished. intention of causing it. 2. Accomplices – those persons not being Exempting….. principals by direct participation, inducement or ✓ Any person who acts under the cooperation through another act essential to the compulsion of irresistible force consummation of the crime, cooperate in the ✓ Any person who acts under the execution by previous or simultaneous acts influence of impulse of an 3. Accessories- who , having knowledge of the uncontrollable fear of an equal or commission of the crime and without having greater injury participated either as principals or accomplices, ✓ Any person who fails to perform an take part subsequently to its commission in any act required by law, when prevented manner: by some lawful or insuperable cause. ✓ profiting themselves or assisting the B. Justifying circumstances offenders to profit by the effects of the - does not incur criminal liability crime ✓ concealing or destroying the body the Anyone who acts in defense of his person or body of the crime, or in order to prevent rights provided that the ff circumstances its discovery. concur: ✓ harboring, concealing, or assisting in in the escape of the principal of the crime, - unlawful aggression provided the accessory had acted with - reasonable necessity of the means employed abuse of his public functions, or guilty of to prevent or repel it the crime-treason, parricide murder or known to be habitually guilty of some - lack of sufficient provocation on the part of other crime. the person defending himself Types Anyone who acts in defense of the persons or rights of his spouse, ascendants, descendants - accessory before the fact or legitimate , natural or adopted brothers or - accessory after the fact sisters or his relatives by affinity. Anyone who acts in defense of the person or Different circumstances affecting criminal rights of a stranger and that the person’s liability defending is not induced by revenge. A. Exempting Circumstances Any person who in order to avoid an evil or injury, does an act wc causes damage to - exempts a person from criminal liability for the another. commission of the crime C. Mitigating Circumstances ✓ An imbecile or insane person, unless the - reduce the act of moral culpability , latter has acted during the lucid interval lessens the criminal liability. ✓ A person under 9 years of age Offender has no intention to commit so grave ✓ A person over nine years of age and a wrong as the one committed. under 15 unless acted with discernment When the offender is under 18 years of age or over seventy years old.  When sufficient provocation or threat on the When the crime is committed by means part of the offended party immediately of inundation, fire, poison, explosion etc. precedes the act When the act is committed with evident premeditation or after unlawful entry. Mitigating… When craft, fraud or disguise is When the act is committed in the employed. immediate vindication of a grave offense When the wrong done is deliberately to the one committing the felony , his/her augmented by causing other wrongs not spouse, A&D, legitimate, natural or necessary for its commission. adopted bro or sis or relatives by affinity. with treachery, taking advantage or When the person acts upon an impulse so superior strength, with aid of armed men powerful. in consideration of price reward or When the offender voluntarily surrenders promise and confesses guilt On occasion of any calamities or public When defendant is deaf and dumb, blind calamities or suffering from physical defect. With evident premeditation When the offender is suffering from With cruelty, by deliberately and illness as would diminish the exercise of inhumanely augmenting the suffering of willpower w/o depriving him of the victim, or outraging or scoffing at his consciousness of his acts. person or corpse Aggravating Circumstances Alternative circumstances - Increases criminal liability. - Either aggravating or mitigating based on when an offender takes advantage of his a. relationship public position b. intoxication When the crime is committed in c. education – rape, forcible abduction, contempt of or insult of public authorities arson, treason, in crime against chastity When the act is committed with insult or & acts committed in merciless or in disregard of the respect of offended heinous crimes party on account of rank, age or sex or if committed in the dwelling of the offended party When the act is committed with abuse of confidence or obvious ungratefulness When the crime is committed in place or worship Aggravating… When the crime is committed on occasion of conflagration , shipwreck, earthquake, epidemic or other calamity or misfortune. When the crime is committed in consideration of a price, rewardor promise