CONTRACTS
A meeting of the minds between two persons whereby one binds
himself, with respect to the other, to give something or to render
some service.
A promise or a set of promises which the law recognizes as a
duty and when the duty is not performed, the law provides a
remedy.
*Learning Contract * Employment Contract
Kinds of Contracts
 Formal Contracts -agreement among parties involved
and is required to be in writing
 Informal Contracts –concluded as a result of a written
document or correspondence where the law does not
require the same to be in writing
 Express Contracts – conditions and terms are given
orally or in writing by the parties concerned
 Implied Contracts –one that is concluded as a result of
acts of conduct of the parties in which the law ascribes
an objective intention to enter into a contract.
 Void Contract –one that is inexistent from the very
beginning and may not be enforced
 Illegal Contract –one that is prohibited by law
Requisites of a Contract
 Two or more persons must participate
 Parties involved must give consent to the contract
 The object which is the matter of the contract must be
specified
 The cause of obligation is established
 Contracting parties must have the legal capacity to
enter into a contract
*OONN
Inexistent Contracts
 Those whose cause, object or purpose is contrary to law,
morals, good customs, public policy
 Those who cause or object did not exist from the time of
transaction
 Those whose object is outside the commerce of man
 Those which contemplate an impossible service
 Those where the intention of the parties relative to the
principal cannot be ascertained
 Those prohibited or declared void by law
 Those which are absolutely simulated or fictitious
Voidable Contracts
 Those wherein one of the parties is incapable of giving
consent to a contract
 Those whose consent is vitiated by mistake, violence,
intimidation, undue influence or fraud
Illegal Contracts
 Those made in protection of the law
 Consent obtained by fraud
 Obtained under duress
 Obtained under due influence
 Obtained through material misrepresentation
Breach of Contract
Failure to perform an agreement, whether expressed, implied
without cause.
-prevention of performance
-failure to perform due to difficulty or inconvenience
-failure of cooperation in performance
-abandonment of duty
-substitution of performance
-failure to use due care
Legal excuses
 discovery of material misrepresentation
 Where performance will be illegal
 Where performance may be impossible by reason of
illness
 Where performance may be impossible by death of a
patient or nurse
 Where performance is made for other reason
 Where contract if insufficient
Advantages of written contract
 It avoids uncertainty of human memory
 It can specify a definite time within which it is binding
 It sets a standard
 It is more likely to be open and well-known
 It is definite
 It can provide a definite procedure
 It creates a minimum of certainty so she can
concentrate on her work
WILLS
A will is a legal declaration of a person’s intention upon death. It
is called a testamentary document because it takes effect after
the death of its maker. As permitted with the formalities required
by law, this act controls to a certain degree the deposition of the
estate.
DECEDENT-a person whose property is transmitted through
succession whether he left a will or not
TESTATOR – a person who leaves a will
TESTRATIX – a woman who leaves a will
HEIR- a person called to succession either by the provision of a
will or by operation of law
A person who dies who left a will is said to have died TESTATE,
and without a will INTESTATE. Validation of a will is court is
PROBATE. The ADMINISTRATOR is the one who administers
the will.
HOLOGRAPHIC WILL – a will written, dated and signed by a
testator.
NUNCUPATIVE WILL OR NUNCUPATION- oral will.
TESTAMENTARY CAPACITY AND INTENT
Who can make a will?
S-ound mind
E-ighteen years of age and older
N-ot prohibited by law
-Testator must express intention of making a will
-Testator shall name a person who will be in charge
-Properties must be disposed in accordance with legal
requirements
-Will must be signed by testator, attested and signed by at least
three witnesses in his presence and of one another
Who can witness?
S-ound mind
E-eighteen years and older
A-ble to read and write
N-ot blind, deaf or dumb/incompetent
-A will must be acknowledged before a notary public by the
testator and witnesses
-A married woman can make a will without the consent of her
husband and without authority of the court.
Nurse’s obligation in the execution of a will
 Nurse should note soundness of pt mind
 Freedom from fraud or undue influence
 Pt. Is above 18 y
 Will must be signed by testator and witnessess
 Nurse must make notation on the chart of the apparent
mental and physical condition of the patient at the time
of making of the will and of the fact of making the will.
Gifts
It is another way of disposing of property.
-the gift must consist of personal property
-there must be an intention to make the gifts
-there must be an indication of transfer of control over such
property
-there must be acceptance by the recipient
GIFTS CAUSA MORTIS OR DONATION CAUSA MORTIS- gifts made
by anticipation of death
LEGAL ASPECTS
DUE PROCESS OF LAW
- A LAW WHICH HEARS BEFORE IT CONDEMNS, WHICH PROCEEDS
UPON INQUIRY AND RENDERS JUDGMENT ONLY AFTER TRIAL
Fundamental Requirements
Fundamental Requirements of Due Process:
The constitutional rights of the ACCUSED:
-accused in presumed innocent until proven guilty
-right to free access to the courts and legal assistance
-right to remain silent and to have competent and independent
counsel of his choice
-right to bail
-right to be heard
-right to be informed of the nature or cause of accusation against
her
-right to a speedy, impartial and public trial
-right to meet the witness face to face
-right against self-incrimination
-right against the use of force, violence, threat, intimidation or
any other means which vitiates free will
-right against cruel and unusual punishment
-right against double jeopardy
LAWS
Statutory Laws are laws that govern the profession of nursing and
written at state level because licensure is a responsibility of the
state. This law includes the Nurse Practice Act, BON, individual
licensure procedures or schedule of fees.
Common Law is divided into Criminal Law an Civil Law
 CRIMINAL LAWS are concerned with providing
protection for all members of society; is regulate and
created by govt through enactment of statutes;
penalties and sanctions are based on nature of crime
 CIVIL LAW generally deals with the violation of one’s
individual right by another individual
REMEMBER
 Responsibility
 Accountability
 Professional Obligation
 Legal Responsibilities
-familiarity with Phil. Nursing Law, standards of care and scope of
nursing practice
Negligence
Professional Negligence – refers to the commission or
omission of an act pursuant to duty
Elements:
-existence of a duty on part of person charged
-failure to meet the standard of due care
-foreseeability of harm resulting from failure to meet the
standard
-breach of standard resulted to injury
LEGAL SAFEGUARDS
 What a nurse must remember and do to avoid having to
deal with legal problems, risks, complications in regard
to the performance of her duties
 Laws that protect a nurse and serves as guide in regard
to her professional practice
REMEMBER:
Article 19 of the Civil Code – “one shall act with justice, give
every man his due. Observe honesty and good faith”
Article 20 of the Civil Code – “those who n the performance of
their obligations through negligence cause any injury to another
are liable for damages”
 Doctrine of Res Ipsa Loquitor
Or the thing speaks for itself
-the injury was of such nature that it would not normally occur
unless there was a negligent act on the part of someone
-the injury was caused by an agency within control of the
dependent
-the plaintiff himself did not engage in any manner that would
tend to bring about the injury
 Malpractice
Implies the idea of improper or unskillful care of a patient by a
nurse. Malpractice also denotes stepping beyond one’s authority
with serious consequences.
Also termed professional negligence, carelessness of professional
personnel.
Connotes stepping beyond one’s authority with serious
consequences and indicates professional misconduct.
Ex. Prescribing medicines, giving anesthesia
 Doctrine of Force Majeure
Force majeure means irresistible Force, one that is unforeseen or
inevitable. Under the Civil Code, no person shall be responsible
for those events which cannot be foreseen, or though foreseen
are inevitable.
Ex. Earthquakes, Flood, Fire
 Doctrine of Respondeat Superior
Literally means “let the master answer for acts of the
subordinate”
Ex. Hiring of underboard nurses
pack is left in patient’s body after surgery
PDN are liable for their own negligent actions
 Incompetence
Is the lack of ability, legal qualifications or fitness to discharge
the required duty. Also a ground for suspension or revocation of
license.
Liability of Nurses for work of NA
Liability for work of SN
 Medical Orders, Drugs, Meds.
RA 6675 states that only validly registered medical, dental and
veterinary practitioners are authorized to prescribe drugs.
Prescriptions made by unauthorized persons constitutes illegal
practice of medicine punishable under RA 2832 or Medical Act
of 1959, RA 4419, Dental Act and RA 382 on Veterinary Act.
RA 5921 or Pharmacy Act- all prescriptions must contain:
name of prescriber, office address,
PRC number, PTR, patient name, age and sex, and date of
prescription.
RA 6675 – drugs must be written in generic name
Carry out written orders only but do not execute orders if nurse
reasonably certain it can cause harm.
Verify verbal orders and once doctor is available, have him write
the order in the chart.
 Intravenous Therapy
 Legal right to give intravenous injection based on Phil.
Nsg. Act of 1991 Sec. 28
 BON Resolution No. 8 states that any registered nurse
without IVT training and who administers intravenous
injections to patients will be held liable either criminally
under Sec. 30(c) Art. VII or Administratively under
Sec. 21 Art III or both.
 Telephone Orders
It must be limited to extreme emergencies and when there is no
alternative.
Nurse should read back telephone orders and physician must sign
the order within 24 hours on his/her next visit.
It is best that when there is a telephone order, a resident or
intern take the call so that he can discuss the condition of the
patient.
It is in the best interest that only those with more experience and
knowledge of drugs should receive the order.
 CONSENT
Defined as a free and rational act that presupposes knowledge of
the thing to which consent is being given by a person who is
legally capable to give consent.
-admission
-surgical procedure or treatment
*only on emergency cases
Nature of Consent
-authorization by patient or to a person authorized to give
consent in behalf of patient
-it is the nurse who actually secures the consent
-it must signed to show that the procedure consented to is
understood
 INFORMED CONSENT
Elements/components:
-diagnosis and explanation of condition
-a fair explanation of the procedure to be done and used and the
consequences
-description of alternative treatments
-description of the benefits
-material rights, if any
-prognosis if care, procedure is refused
Who must consent?
Patient must consent but if incompetent another is authorized to
give it on his behalf:
-Minors
-Mentally Ill
-Emergency Situations
-Refusal to consent *culture, etc.
-Consent for sterilization
Medical Records
 Nurse must remember- if it was not charted, then it was
not done.
 Nurses protect patient confidentiality from unauthorized
persons to access the chart.
 Nurses are responsible for safeguarding the patient’s
record from loss or destruction
 Do not tamper medical records by ADDING, REWRITING
OR DESTROYING ORIGINAL RECORDS
 Observe agency standards in documentation. It has to
be COMPLETE AND CONCISE AND SPECIFIC
CHARTING
Legal Considerations in Charting:  FOR YOUR INFO
C-ommunication and continuity  Moral Turpitude is an act of vileness or depravity in
A-ssurance of quality care social or private duties which man owes to society in
R-esearch general
L-egal document  Murder is the unlawful killing of a human being with
S-tatistics of the disease intent to kill. Abortion and Euthanasia are considered
 Do’s and Dont’s murder.
Do’s:  Homicide is the killing of a human being by another
F-ull factual and objectively accurate without criminal intent.
L-egible  Infanticide is killing of a child less than 3 years of age.
I-mmediate  Parricide is killing of parents or child or
P-ersonal ascendants/descendants of spouse
Dont’s
 Robbery is a crime against persons or property
L-anguage is unacceptable
LEGAL PROCEDURE AND TRIAL
I-improper corrections
The judicial procedure is to ascertain facts by hearing evidence,
S-paces and skips
determine facts and apply appropriate principle of law and pass
A-bbreviation
judgment.
Charting done by Student Nurses
Steps:
 Follow institutional policy on charting Commencement of Action –kind of legal action
 Clinical Instructors countersigns the chart done by Statutes of Limitation-made in the appropriate time
students Commencement of legal proceedings-controversy of disputants
 Anyone who countersigns without verification commits or litigants
herself to legal risks ACCUSER – complainant or plaintiff
 Legal risks for defective equipment ACCUSED – respondent or defendant
 Nurse must make sure that all equipment are working WITNESS
and in good condition -Preliminary (filing of pleading, issuance of summons, subpoena,
 Nurse must see to it that regular equipment are preparation of strategy)
inspected and maintained and functioning properly -Pre trial (discussion of judge and lawyer)
 Document defective equipment -Trial (determination of case, examination, cross, re-direct
MORE LEGAL ASPECTS examination, judgment)
TORT – a legal wrong, committed against a person or property -Appeals
independent of a contract which renders a person liable for -Execution of judgment
damages in a civil action.
-It can involve several types of action including a direct violation
of a person’s legal rights or violation of standards of care that POINTS TO CONSIDER TO AVOID CRIMINAL LIABILITY
cause injury to a person.  Be very familiar with the PNL
Examples of Torts:  Be aware of laws that affect nursing practice
Assault and Battery-imminent threat or offensive bodily harm;  Get copy of job description, agency rules and policies
intentional, unconsented touching of another person  Upgrade skills and competence
False Imprisonment or Illegal Detention-without legal  Accept only such responsibility within scope of
warrant employment and JD
Invasion of right to Privacy and Breach of Confidentiality-  Do not delegate your responsibility to others
divulge of information, publication
 Determine subordinates competence
Defamation-character assassination be it spoken or written
*Slander – oral  Develop good interpersonal relationship/skills
*Libel – written  Consult superiors for problems that may be too big for
you to handle
 Verify orders that are not clear or seem erroneous
 CRIMES  Inform doctors about patient conditions
Defined as an act committed or omitted in violation of the law.  Remember the value of keeping accurate and adequate
Conspiracy to commit a crime is when two or more persons agree records
to commit a felony and decide to do it.  Patients are entitled to informed consent
-Principals are those who take a direct part in the crime
-Accomplices are those who cooperate in the crime
-Accessories are those who have knowledge of the commission of
the crime by profiting themselves or assisting the offender to
profit from the effects of the crime by concealing, destroying
body, etc.
 Criminal Actions
It deals with acts of offenses against public welfare.
Misdemeanor – minor criminal offenses, and punishment is a fine
o imprisonment for less than a year.
Felonies-public offense for which a convicted person is liable to
be sentenced to death, be imprisoned in a penitentiary. It is
committed with deceit and fault.
 Criminal Negligence
May be classified into reckless imprudence- when a person does
an act or fails to do is voluntarily without malice from which
material damage results immediately
Simple imprudence-did not use precaution and damage was not
immediate or the impending danger was not evident or manifest.
CRIMINAL INTENT-state of mind of a person at the time the
criminal act is committed
Circumstances affecting Criminal Liability
 Justifying Circumstances
 Exempting Circumstances
 Mitigating Circumstances
 Aggravating Circumstances
 Alternative Circumstances