WESLEYAN UNIVERSITY- PHILIPPINES
Mabini Extension, Cabanatuan City-3100, Nueva Ecija
GRADUATE SCHOOL
In partial fulfillment of the subject NSG. 105 Legal Problems in Nursing
Unit 1
Definition of Terms/Concepts
In
Legal Nursing
Prepared by:
Angelee M. Mandreza
WESLEYAN UNIVERSITY- PHILIPPINES
Mabini Extension, Cabanatuan City-3100, Nueva Ecija
GRADUATE SCHOOL
Introduction
meaning ‘laid down’ or ‘fixed’. The
definition suggests that law is made up
The subject: Legal Problems in
Nursing in master’s program scope the
of rules and that all rules have legal
force.
legalities both in nursing education and
practice
in
a
higher
degree.
To
Law and Nursing
thoroughly acquired in depth knowledge
one must be familiar to the fundamentals.
Law and professional issues in
Understanding the definition of terms
nursing may seem an unusual collection
and concepts will be essential way to
of topics for a course of study that will
begin with in order to learn more, relearn
largely focus on meeting the needs of
(recall) and unlearn (misconception).
individuals with various health problems.
Why is it necessary for you to study law
Definition of Terms /Concepts
and ethics when you want to devote your
time to the study of nursing and caring for
1. Law
patients?
In every dictionary or book the
The reality is that law is now
common meaning of a law is a system of
fundamental to the study of nursing and
rules that a society or government
underpins your relationship with the
develops in order to deal with crime,
profession and with your patients. The law
business
informs nursing at every stage and it is
agreements,
and
social
relationships
essential that you understand and are
able to critically reflect on the legal issues
The key characteristic of law is
relevant
to
nursing
practice.
As
a
that it is perceived as binding upon the
registered nurse you will be legally and
community. The English word ‘law’ is
professionally
derived from the Old Norse lagu
actions, irrespective of whether you
accountable
for
your
WESLEYAN UNIVERSITY- PHILIPPINES
Mabini Extension, Cabanatuan City-3100, Nueva Ecija
GRADUATE SCHOOL
are following the instruction of another or
principles of law or justice. It answers the
using your own initiative. You have a
question
responsibility to deliver safe care to their
implemented. For a good law have no
clients. Nurses must have professional
practical
knowledge at their expected level of
implementation.
“how”
use
can
without
a
law
a
be
proper
practice and be proficient in technical
skills
Nursing
Jurisprudence
is
the
application and interpretation of the
Nurses are at risk patients; families
principles of law or legal rules as they
to
the:
practice of nursing;
are more educated. Healthcare litigation
relate
is growing and patients are increasingly
obligations nurses have to their clients,
prepared to assert their legal rights.
and; relationships nurses have with other
nurses and health care professionals. To
2. Nursing Jurisprudence
sum it up nursing jurisprudence is
department of law which comprise all
Jurisprudence
legal rules and principles affecting the
The English word is derived from
practice of nursing
the Latin maxim jurisprudentia. Juris is the
genitive form of jus meaning law, and
prudentia
(also:
comprises all the legal rules and principles
forethought,
affecting the practice of nursing. It
circumspection. It refers to the exercise of
includes not only the study but also the
good judgment, common sense, and
interpretation of all these rules and
caution, especially in the conduct of
principles and their application in the
practical matters.
regulation of the practice of nursing. It
discretion,
means
prudence
As the department of law that
foresight,
deals with:
In summary jurisprudence is the
scientific study or the application of the
1. All laws, rules and regulations.
WESLEYAN UNIVERSITY- PHILIPPINES
Mabini Extension, Cabanatuan City-3100, Nueva Ecija
GRADUATE SCHOOL
2.Legal
principles
and
doctrines
The
order
in
a
legislation
governing and regulating the practice of
established our organization and sets out
nursing.
our primary purpose of protecting the
public, the structure of the organization
3.Legal
opinions
and
decisions
of
and our functions and activities. The
competent authority in cases involving
Order also sets out some binding
nursing practice.
principles and oversight arrangements for
us. Such as safe staffing ratios, right
3. Nursing Legislation
Legislation is the act or process of
compensation and so on.
4. Nursing Ethics
making or enacting laws. The noun
legislation refers to the actual law enacted
Ethics is based on well-founded
by a legislative body at the national, state,
standards of right and wrong that
or local level.
prescribe what humans ought to do,
usually in terms of rights, obligations,
Nursing legislation is the making
benefits to society, fairness, or specific
of laws, or the body of laws already
virtues. Not a religion, not a law and not
affecting the practice of nursing. A
what society accepts rather it is what’s
process of making laws for the protection
right and wrong. What is good and evil.
and improvement of the nursing practice.
It shapes the way we practice at every
Nursing Ethics is the division of
level, sometimes dramatically. That’s why
ethics which deals with moral behavior or
it’s important for nurses to pay close
nurses in the practice of their profession
attention to proposed laws or new
Life and death decisions are a part of
regulations affecting our profession.
nursing,
and
ethics
are
therefore
fundamental to the integrity of the
nursing profession. Every day, nurses
WESLEYAN UNIVERSITY- PHILIPPINES
Mabini Extension, Cabanatuan City-3100, Nueva Ecija
GRADUATE SCHOOL
support each other to fulfill their ethical
paramedics. We rely on professionals to
obligations to patients and the public.
be experts and to know what to do when
we need them to.
It is vital that nurses appreciate the
value of ethics in their work. Ethics is
6. Nursing Profession
relevant to clinical, practice-based issues
and affects all areas of the professional
Nursing is a profession within the
nursing role. To apply ethics effectively,
health care sector focused on the care of
nurses must develop reasoning skills and
individuals, families, and communities so
understand the concepts and principles
they may attain, maintain, or recover
that assist ethical analysis.
optimal health and quality of life.
5. Profession
In order to be recognized and
practice as a nurse, an individual need to
A profession is something a little
hold adequate credentials in terms of
more than a job, it is a career for someone
education, training, and experience, as
that wants to be part of society, who
determined by the regulatory body in the
becomes competent in their chosen
respective country of the world.
sector through training; maintains their
skills through continuing professional
As a profession, nursing has
development and commits to behaving
several ethical principles that guide their
ethically, to protect the interests of the
philosophy of practice throughout all
public.
tasks in the workplace. These are to
We all rely on professionals at
Provide exemplary care at all times
many points of our lives – from dentists to
teachers, from pension managers to
Prioritize the care of patients with
careers advisers, from town planners to
respect to individual dignity
WESLEYAN UNIVERSITY- PHILIPPINES
Mabini Extension, Cabanatuan City-3100, Nueva Ecija
GRADUATE SCHOOL
Cooperate
with
other
health
Legal Rights
professionals to improve patient
Legal rights, are based on a
outcomes
society's customs, laws, statutes or actions
Act with integrity and honesty to
by legislatures. An example of a legal right
maintain the profession reputation
is the right to vote of citizens. Citizenship,
itself, is often considered as the basis for
In accordance with these principles,
having legal rights, and has been defined
nurses are able to care for patients in the
as the "right to have rights". Legal rights
best way possible to promote positive
are sometimes called civil rights or
health outcomes.
statutory rights and are culturally and
politically relative since they depend on a
7. Legal Rights
specific societal context to have meaning.
Rights
8. Legal Remedy
Rights are legal, social, or ethical
Is a legal system for preservation,
principles of freedom or entitlement; that
justification and making balance for
is, rights are the fundamental normative
harmony
rules about what is allowed of people or
individual. It makes sure that someone's
owed to people, according to some legal
rights are not taken away from them. By
system, social convention, or ethical
protecting someone’s right to a victim or
theory. Rights are of essential importance
a citizen and by enforcing legal action: a
in such disciplines as law and ethics,
punishment to offender.
especially
deontology.
theories
of
justice
in
legal
rights
of
every
and
The manner in which a right is
enforced or satisfied by a court when
WESLEYAN UNIVERSITY- PHILIPPINES
Mabini Extension, Cabanatuan City-3100, Nueva Ecija
GRADUATE SCHOOL
some harm or injury, recognized by
assess patients’ health problems and
society as a wrongful act, is inflicted upon
needs, develop and execute nursing care
an individual.
plans, and uphold medical records and
enable to collaborate to other health care
The law of remedies is concerned
practitioner. Consistently and carefully
with the character and extent of relief to
adhering to protocols. Lastly staying up-
which an individual who has brought a
to-date in nursing and healthcare.
legal
action
is
entitled
once
the
appropriate court procedure has been
followed,
and
the
individual
10. Function
has
established that he or she has a
A nurse has a number of function
substantive right that has been infringed
that he or she performs, often at the same
by the defendant.
time, depending on a patient's needs.
With all of the changes in healthcare over
9. Duties
the last few decades, that role has
expanded even more.
Duty is doing your responsibility. A
responsibility to do something because it
is legally or morally right to do it.
It
varies
communicator,
widely
patient
from
a
advocate,
educator, leader and so on. Then we have
Registered nurse duties vary as per
different specialization or names to
the areas of their expertise. They play a
function as nurse practitioner, home care
key role in promoting the wellness by
nurse, traveling nurse etc. but one thing
performing a wide range of services. An
remains, nurses mainly focus is about the
RN mainly focuses on caring for and
holistic
educating the patients and their family
summation of the nursing function lies to
members about early recovery and ways
its meaning “giving care”.
of prevention of diseases. Hence, nurses
care
for
individual.
The
WESLEYAN UNIVERSITY- PHILIPPINES
Mabini Extension, Cabanatuan City-3100, Nueva Ecija
GRADUATE SCHOOL
11. Accountability
practice and professional and ethical
conduct.
Is being responsible for ones
doing. An assurance that an individual or
References
an organization will be evaluated on their
performance or behavior related to
https://in.sagepub.com/sites/default/files
something for which they are responsible.
/upmbinaries/59267_Griffith_&_Tengnah.
pdf
Accountability is understood as
being able to give an account of one’s
Nursing Practice and the Law What Every
nursing
Nurse Needs to Know by Janice Delgiorno
judgements,
omissions.
Accountability
maintaining
is
quality
and
MSN, CCRN, ACNP-BC
and
patient
standards
and
about
competency
safeguarding
outcomes
actions
of
care
https://clpnns.ca/nursing-jurisprudence
the
profession, while being answerable to
https://www.scribd.com/doc/16614520/N
those who are affected by one’s nursing
URSING-LAW-AND-ETHICS
or midwifery practice.
https://www.news
Accountability means being answerable
medical.net/health/Nursing-Profession
for the decisions made in the course of
one’s professional practice. A nurse
https://study.com/academy/lesson/roles-
should be able to give reasons for the
and-functions-of-the-nurse.html
decisions they make in their professional
practice and should justify their decisions
in the context of legislation, professional
standards
based
and
guidelines,
evidence-
https://study.com/nursing_duties.html