Académique Documents
Professionnel Documents
Culture Documents
Civil Laws
They are laws that regulate disputes between individuals & between individuals and groups.
Common sources are judicial or common laws.
It includes laws relating to contracts and ownership of property.
A common feature is that a monetary award is provided for damages or as compensation when another
person causes injury.
Torts
It is a civil wrong committed by one person against another or that person’s property.
It may be intentional- ( when the injury suffered by the victim was intended by the wrongdoer. Examples are:
Fraud, Defamation, False Imprisonment, Assault or Battery and invasion of privacy.
Fraud
This is false representation of some facts example is when a nurse falsely represents herself as being certified
as a specialist in nursing; or to claim false statements about past employment or about academic credentials or
professional activities on a résume' for the purpose of deceiving an employer.
Defamation
This is a false communication or careless disregard for the truth that result in damage to one’s reputation.
Forms:
2. Slander – this is spoken defamation, ex. Telling a patient that a certain nurse is incompetent
False Imprisonment
It involves restraining a person with or without force against a person’s wishes. Ex. Keeping patients from
leaving the hospital.
Battery is the actual or willful touching of another person that may or may ot cause harm.
A nurse who threatens a client of injection or catheterization could be found guilty of assault.
If a nurse performs a procedure without permission or does a procedure in a way that causes harm or
embarrassment is guilty of battery. If a nurse gives injection despite the patient’s objection, it constitutes battery.
Invasion or Privacy
When the nurse unreasonably intrudes on the clients private affairs. Example:
1. soliciting information not required for the client’s care or discussing client’s information with people who are not
entitled to that information.
The nurse should exercise prudence in using or sharing information to protect the patient’s privacy.
2. Unnecessary exposing patient during transport or procedures, photographs or videos without permit.
Unintentional Torts
NEGLIGENCE
This occurs when harm or injury is caused by an act of omission or commission by a lay person.
It results from failure to use the kind of care a reasonably prudent lay person would use in similar situation.
Ex. Carelessly failing to lock the brakes of a wheelchair when transporting a client.
Another example is leaving an infant on the examination table without taking precautions to prevent falling,
or failure to take vital signs of clients with untoward signs.
Malpractice
This is an act of negligence by a professional person compared to the action of another professional in similar
circumstance.
Liability
Legal obligation for which the nurse can be held liable and accountable.
• 1. Duty – involves the obligation of the nurse to use due care; that is to exercise due care to which a prudent
nure would do.
3. Causation – when the failure to meet the standard of care resulted to harm to the patient.
Professional standards
Causation – failure to note the signs and symptoms of an infection leading to disarticulation of the thumb.
Damage – the loss of the thumb seriously limits the client’s use of his hand
Forms of Settlement of legal action
1. Parties may negotiate out of court.
This does not mean that the nurse is guilty of negligence or malpractice. However the cost of litigation and the
potential liability may suggest “out-of court settlement” as the best action.
2. Case is settled in court
When both parties attempt to persuade the court to rule in their favor.
3. To present the case to an arbitration panel.
Contracts
A contract is an agreement between two or more individuals that creates certain rights and obligations in exchange for
goods or services
THEORIES OF NURSING
• Florence Nightingale
Five Environmental Factors
Fresh Air
Pure water
Efficient drugs
Cleanliness
Light (sunlight)
She stressed keeping the patient warm, noise free-environment and attending to patients’ die
• Henderson 1955
Maintaining body temperature within normal range by adjusting clothing & modifying environment.
Keeping the body clean and well-groomed to protect integument.
Avoiding dangers in the environment & avoiding injuring others.
Communicating with others in expressing emotions, needs, fears or opinions.
Working in such a way that one feels a sense of accomplishment.
Praying or participating in various forms of recreation.
Worshipping according to one’s faith.
Learning, discovering or satisfying the curiosity that leads to normal development & using available health
facility.
An irreducible four-dimensional energy field identified by pattern. (he has unique identifying behaviors or
qualities & characteristics)
Behaves as a totality.
Partially compensatory – systems designed for individuals who are unable to perform some (but not all)
self-care activities.
Supportive – educative (developmental) system designed for persons who need to learn to perform self-care
measures & need assistance to do so.
SYSTEMS THEORY
(INTERRELATED PARTS FUNCTIONING TOGETHER TO FORM A WHOLE)
Each of these subsystems has the functional requirements: protection, nurturance & stimulation.
The subsystem’s responses are developed through motivation, experience & learning and are influenced by
biopsychosocial factors.
Interpersonal Caring Theories
These theories seek to develop the nurses’ skill in relationship with clients, compassion,
the helping process and caring.
Beneficence/nonmaleficence
Confidentiality
Veracity
Justice