Tiêu đề COMPRE - HANDOUTS - PROF AD (Mr. Manago) ✅

TOP RANK REVIEW ACADEMY, INC. Page 2 | • Non-maleficence: do no harm (asepsis) • Justice: fairness, equal risks and benefits • Veracity: complete & true info • Confidentiality: data not revealed - Anonymity: data not linked to person • Paternalism: decision-making for others (in emergency) • Fidelity: promise-keeping • Utilitarianism: greatest good for the greatest number of people Moral Principles - Double-effect: Benefits > Risks - Totality: Whole greater than Sum of Parts Sacrifice a Part for the good of the Whole. - Solidarity: Unity of Healthcare team - Stewardship: You are the steward of your own body - Epikia: Exception to the rule (e.g.: restraints, evidence needed in court) Legal Issues/Jurisprudence Civil vs Criminal vs Administrative Cases • Civil: monetary damages • Criminal: imprisonment and/or monetary damages • Administrative: suspension, revocation of license Parties: • Plaintiff: injured • Defendant: accused CIVIL CASES Torts - Legal (civil) wrong - Two types: - Unintentional - Intentional Unintentional Torts • Negligence vs Malpractice • Negligence: “hindi ginawa ang dapat; ginawa ang hindi dapat” • Malpractice: Professional negligence • Elements (4) • Duty • Breach of duty • Causation • Injury Intentional Torts • Assault vs Battery • Assault: threat • Battery: physical injury, touching without consent • False imprisonment • Unauthorized restraint of movement • Invasion of privacy • Intrusion to personal life • Defamation (paninirang-puri/ damage to reputation) • Libel: written, larger group (general public) • Slander: spoken, smaller group Reqt: 3 rd party (reputation is harmed) CRIMES/ CRIMINAL CASES Misdemeanor vs Felony • Misdemeanor: lesser crime • Felony: serious crime Circumstances in Crimes - Justifying: No civil and criminal liability - Defense of self or another person - Fulfillment of duty - Exempting: No criminal liability - Insane/Imbecile - Under 9 y/o - Under 15 y/o (w/o discernment) - d/t Irresistible force/ Force majeure - Mitigating: Reducing liability - Voluntary surrender - Provoked - <18, >70 y/o - Physical defect - Aggravating: Increasing liability - Abuse of public position - Insult to authority - Crime in times of calamity - Treachery - Premeditation Misdemeanor 1) Practicing without license - No license, using license of others - Forged documents - Revoked or suspended license - Appending “B.S.N./R.N.” to name - Assists someone in illegal practice of nursing 2) Conducting nursing review classes (local/foreign) without BON permit 3) Violates minimum base pay of nurses (Salary grade 15) Penalties: Fine: P50,000 – P100,000 AND/OR Imprisonment: 1-6 years Felony - Homicide: killing of a person, with intent to kill, without aggravating circumstances - Murder: killing of a person, with intent to kill, with aggravating circumstances - Aggravating circumstances - Evident Premeditation - Determined to commit crime - Clung to determination - Time to reflect upon consequences of act - Treachery - No opportunity to defend (John Wick 3, homicide only) - Deliberate execution - Cruelty - Additional suffering - Scoffing/Outraging at corpse: “Paglibak sa bangkay” - Prize or reward - Killed someone with promise of getting reward - Fire, explosion, poison - Parricide - Killing relatives by direct line - Father - Mother - Child - Spouse - Legitimate grandparent/grandchild - NOT included: Siblings (Not direct line) - Side note: Legitimacy - Legitimate: after marriage, adoption - Illegitimate: not married/out of wedlock - Legitimated: parents married after being born - Infanticide - Killing of a child < 3 days old - Abortion - Intentional killing of a fetus in utero Stages of Execution - Attempted – not all elements for execution are present, failed - Consummated – all elements for execution are present, succeeded - Frustrated – all elements for execution are present, but failed Conspiracy in Crimes - Principal