FLegal Issues in Nursing.

LEGAL ISSUES IN
NURSING
Laws are “rules of conduct,
established and enforced by authority,
which prohibit extremes in behavior so
that one can live without fear for
oneself or one’s property”. - By Sullivan and
Decker, 2001
SOURCES OF LAW
The Constitution
Legislative branch – Statutory Laws

Executive branch – Administrative Laws
Judicial branch – Court decisions
TYPE OF LAW
1.Common law
2.Criminal law
3.Civil law
TYPE OF LAW
Common law is a body of unwritten laws based on legal

precedents established by the courts.
It is derived from judicial decisions of courts and similar

tribunals.
Example: In the United Kingdom, common law principles are

used to decide cases where there is no specific statute that
applies. For instance, the law of negligence, which
originated from the case of Donoghue v. Stevenson, is a
common law principle widely adopted.
TYPE OF LAW
Criminal law is a system of laws concerned with the

punishment of individuals who commit crimes.
It defines conduct that is prohibited because it threatens

and harms public safety and welfare and establishes the
punishment to be imposed for the commission of such acts.
Example: In the Philippines, the Revised Penal Code outlines

various criminal offenses such as theft, murder, and fraud,
and prescribes the corresponding penalties for these crimes.
TYPE OF LAW
Civil law deals with the rights and duties of individuals and
organizations and the legal remedies available when these
rights are violated.
It typically involves private disputes between individuals or
organizations.
Example: A common civil law case in the Philippines might

involve a breach of contract, where one party sues
another for failing to fulfill the terms of an agreement.
Another example is a personal injury lawsuit where an
individual seeks compensation for injuries caused by
another party's negligence.
TORTS
1.Intentional torts
 Assault
 Battery
 Invasion of Privacy
 Defamation of character
 False Imprisonment
 Fraud
2. Unintentional torts
 Malpractice
 Negligence
Torts are civil wrongs
recognized by law as grounds
for a lawsuit.
They result in an injury or harm

constituting the basis for a claim
by the injured party.
Intentional torts are wrongful acts done
on purpose to cause harm to another
person. These acts are deliberate and can
result in legal action against the person
committing them.
Unintentional torts are wrongful

acts that cause harm due to
negligence or failure to act with
reasonable care. These acts are not
done on purpose but still result in
harm to another person.
Intentional Torts
Assault
Threatening to harm someone
without actually touching them.
Example: A nurse threatens to give

a patient an injection without their
consent.
Intentional Torts
Battery
Physically touching someone without
their permission.
Example: A nurse administers an

injection to a patient who has refused
it.
Intentional Torts
Invasion of Privacy
Sharing someone's personal
information without their consent.
Example: A nurse discusses a patient's

medical condition with someone who
is not involved in their care.
Intentional Torts
Defamation of Character
Making false statements that harm
someone's reputation.
2 types: Libel, Slander
Example: A nurse falsely tells others

that a colleague is stealing
medications.
Intentional Torts
False Imprisonment
 Intentional act of restricting a
patient's movement without legal
justification.
Example:
1.Restraining a patient without a physician's
order or proper assessment.
2.Confining a patient to a room or area without
legitimate reason.
Intentional Torts
Fraud
 Involves intentional deception or
misrepresentation to achieve
financial gain, advance career
prospects or compromise patient
care.
Example:
1.Altering prescriptions, forging signatures or
selling prescription pads.
2. Falsifying doctor’s order, credentials,
diplomas or certifications.
Unintentional Torts
Malpractice
Professional negligence by a
healthcare provider that leads to
substandard treatment, causing harm
to a patient.
 Happens during the performance of duties.
Example: A nurse administers the

wrong medication to a patient,
resulting in serious health
complications.
Unintentional Torts
Negligence
Failing to provide the standard of care
that a reasonably prudent person
would provide, leading to harm.
Example: A nurse forgets to check a

patient's vital signs, leading to
undetected complications.
Unintentional Torts
Component of Negligence
A duty existed
Duty was breached
Foreseeability of harm
Injury
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LEGAL ISSUES IN

Legislative branch – Statutory Laws

Common law is a body of unwritten laws based on legal

It is derived from judicial decisions of courts and similar

Example: In the United Kingdom, common law principles are

Criminal law is a system of laws concerned with the

It defines conduct that is prohibited because it threatens

Example: In the Philippines, the Revised Penal Code outlines

Example: A common civil law case in the Philippines might

They result in an injury or harm

Unintentional torts are wrongful

Example: A nurse threatens to give

Example: A nurse administers an

Example: A nurse discusses a patient's

Example: A nurse falsely tells others

Example: A nurse administers the

Example: A nurse forgets to check a

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