GORDON

COLLEGE
College of Allied Health Studies
Tapinac Oval Sports Complex, Donor St., East Tapinac, Olongapo City

DETAILED LEARNING MODULE

FRANDO, RANZ KENNETH G.

Title: Evidence-Based Practices and Course Code: NCM 119

Legal Aspects of Nursing

Module No. 3 Week: 3

TASK 1. ASSESSING YOUR UNDERSTANDING

Instructions: Using the table below, provide the salient features of each law. Fill-in reflection and
experience which are necessary to understand many of these laws in the context of health care and
nursing practice. (see rubrics for scoring)
Existing Laws/Documents Salient Features Reflection/Inference
The Nursing Practice Act of 2002 -Increases the composition of Undertake nursing and
the Board to 7 health human resource
-Recognizes the specialty development training and
certification program research, which shall
-Requires those inactive in include, but not limited to,
practice to undergo I month the development of advance
didactic and 3 months nursing practice
practicum
-Provides for incentives and
benefits system for nurses and
dependents
-Upgraded the salary of
government nurses to SG15.
Legal Responsibilities of Nurses A nurse has the legal Responsibilities of a nurse
responsibility to be the during examination of a
advocate for the patient in all female patient- It is nurses
health care instances, including responsibility to maintain
emergencies. The nurse will be the privacy of female
the liaison between the patient during the
physician and the patient. The examination.
nurse has the legal duty to
monitor the patient and watch
for any abnormalities or
complications that may occur.
The act includes the limitations
and training specifications of
each nurse. This means that
each nurse has been trained in a
specific area of nursing;
therefore, the nurse must
practice in that area only.
Labor Law -Primacy of free collective -Discrimination and
bargaining & negotiations Harassment at Your Job.
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 -Free trade unionism for -Wrongful
promotion of social justice Discharge/Termination of
-Adequate machinery for Employment.
expeditious settlement of -Family and Medical Leave
disputes Act (FMLA)
-Workers’ participation in -Minimum Wage,
decision and policy-making Overtime, and
processes affecting their rights, Misclassification.
duties & welfare. -Unsafe Workplace
-Dynamic & just industrial Complaints and Conditions.
peace -Encourage free trade -Workers' Compensation
unionism & free collective for Illness or Injury on the
bargaining Job.
-Right to engage in concerted
activities including the right to
strike
GSIS Law -EMPLOYER– any
The Government Service person, natural or judicial,
Insurance System (GSIS) is domestic or foreign who
mandated to provide carries on in the Philippines
government employees benefits any trade, business,
that will ensure their social industry undertaking or
welfare, and to provide activity of any kind and
assistance in their financial uses the services of another
needs in life. The law aims to person who is under his
provide safeguards in case orders as regards
contingencies in life happen to employment 8(c)
GSIS members. The GSIS is *EXEMPT EMPLOYER:
the counterpart of SSS with government and any of its
regard to government political subdivisions,
employees. R.A. No. 8291 branches and
provides similar benefits to instrumentality, including
government employees’ GOCCs, i.e., those under
equivalent to benefits provided GSIS2.
to private employees by R.A. -EMPLOYEE – any person
No. 11199 or the New Social who performs services for
Security Law. an employer who receives
compensation for such
services, where there is an
employer-employee
relationship3.
-SELF-EMPLOYED-
considered both employer
and employee
SSS Law
Any person, natural or judicial, 1. Primary Beneficiaries
domestic or foreign who a. Dependent Spouse
carries on in the Philippines until remarriage
any trade, business, industry b. Dependent
undertaking Legitimate or Legitimated
or activity of any kind and uses or Legally Adopted and
the services of another person Illegitimate
who is Children
under his orders as regards 2. Secondary Beneficiaries
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 employer. A self-employed - Dependent Parents
person shall be 3. Other Beneficiaries -
both employee and employer at Absent primary and
the same time. secondary beneficiaries,
any other person designated
by member as secondary
beneficiary.
PhilHealth This section features the Providing all Filipinos with
different membership accessible, available,
categories, premium payment, acceptable and affordable
data amendment and other health care services that
procedures that each type of will lead to better health
member must know. We have outcomes and improved
custom-fit the information to quality of life. It includes
ensure that we address the registration, premium
specific concerns of each of our payment and reporting and
member types. even locating our offices
nationwide.
Salary Standardization Law Coverage for National -Subsistence allowance
Government -Hazard Pay
All positions for civilian -Overseas and Other
government personnel in allowances
the:Executive, Legislative, -Represenatation and
Judicial, Constitutional Transportation Allowances
Commissions, and Military and -Per diem
uniformed personnel -Special Counsel
Whether Regular, Casual, Allowance
Contractual, Appointive, -Other allowances and
Elective, Full time or Part time benefits granted under
Excluded: Job orders, Contract specified situation, related
of services, Non-organic to actual performance of
personnel, GOCCs, GFIS, work as determined by the
GICP and GCE DBM
Universal Health Care Law -Provide all Filipinos the All Filipinos are
immediate eligibility and guaranteed equitable access
access to preventive, to quality and affordable
promotive, curative, health care goods and
rehabilitative and palliative services, and protected
care for medical, dental, mental against financial risk. The
and emergency health services, UHC helps ensure every
including out-patient drugs by Filipino is healthy,
registering them to a primary protected from health
health care provider of their hazards and risks, and has
choice. access to affordable,
- Among the salient features of quality, and readily
the UHC Law are the available health service that
expansion of population, is suitable to their needs.
service, and financial coverage
through an array of health
system amendments. Along
with this is a planned paradigm
shift to primary care, which is
the core and center of all health
reforms under the UHC.
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 PAG-IBIG For starters, the new law -Retirement
mandates universal coverage. -Permanent departure from
The PagIBIG Fund now covers the country
all Filipino employees covered -Permanent or total
by SSS and GSIS, regardless of physical disability
wage, as well as those -Insanity
employed by foreign-based -Death of the member
businesses, including sea-based -Termination from service
and land-based OFWs. by reason of health
-Optional withdrawal after
Second, the bill reinstates Pag- 10 or 15 years of
tax, IBIG's assessment, fee, continuous contributions
charge, customs, or import duty
exemption. This will result in a
P3 billion annual savings that
may be put into the Fund's
home loan program, as well as
increased dividends credited to
members' deposits. increase
The Magna Carta of Public Health The Magna Carta of Public – Public health worker in
Workers Health Workers (RA 7305) was hospitals, sanitaria, rural
enacted to ensure that health health units, main centers,
workers are properly health infirmaries, barangay
compensated, thereby helping health stations, clinics and
to promote better delivery of other health-related
quality health care service establishments located in
difficult areas, strife-torn or
embattled areas, distresses
or isolated stations, prisons
camps, mental hospitals,
radiation-exposed
National Nursing Care -Basic Nursing Education Provides appropriate
Competency Standards (NNCCS) Program in the Philippines evidence-based nursing
through CHED care using a participatory
-Competency-based test approach based on;
framework development of a) Variety of theories and
course syllabi and test standards relevant to health
questions for “entry level” and healing.
nursing practice in the board b) Research
licensure examination for c) Clinical practice
nurses d) Client preference
-Standards of professional e) Client and staff safety
nursing practice in various f) Customer care standards.
setting in the Philippines
-All related evaluation tools in
various practice settings in the
Philippines
Philippine Professional Nursing Each nurse demonstrates
Practice Standards (PPNPS) The primary purpose of nursing compliance with the Code
standards is to promote, guide, of Ethics of the profession
and direct professional nursing around the seven primary
practice. The nursing standards values that are central to
will be used by the individual ethical nursing practice:
nurses, the public, the Providing Safe,
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 employers, the regulatory Compassionate, Competent
boards, the academe and other and Ethical Care Nurses
stakeholders. provide safe,
compassionate, competent
and ethical care.
Patient Care Safety Standards A standard of care can also In health care settings, the
refer to informal or formal goal of patient safety is
guidelines that are generally pursued through
accepted in the medical appropriate efforts to avoid
community for the treatment of adverse events related to
a disease or condition. errors in diagnosis,
medication or treatment. ...
But errors that do not result
in patient harm are also to
be avoided.

TASK 2. APPLYING YOUR KNOWLEDGE

Instructions: Briefly answer the following discussion questions. (see rubrics for scoring)
Scenario: Raffie, a 62-year-old patient, is admitted to a medical rehabilitation unit for gait
training and lower extremity strengthening exercises. She has a history of Parkinson’s disease and
is married to Mikel, a healthy 65-year-old man. At 7:00 p.m., Mrs. R. is assisted to the bathroom
by her nurse because her gait is unsteady. Two hours later, at 9:00 p.m., she is given 30 mg of
Dalmane to help her sleep. Her four side rails are up, as ordered by her physician. At 11:00 p.m.,
she is assisted to the bathroom again by her nurse. At 3:45 a.m., Mrs. R. is found on the floor and
is complaining of severe pain in her right hip. Three of the side rails are up at this time. An X-ray
confirms that Mrs. R. has sustained a fractured hip. During surgery to repair the hip fracture, Mrs.
R. has a stroke and suffers brain damage. She was the administrator of a large textile company
and can no longer work. Discussion Questions
Discussion Questions
1. Could a medical malpractice claim be pursued by Mrs. Raffie.?
2. Who may be sued?
3. Who are the potential plaintiffs?
4. Who are the potential defendants?
5. What are the potential damages?
6. Who has a claim for damages?
7. What are the potential defenses to a claim of malpractice?

1. A medical malpractice claim can be done here on the grounds of negligence or medical
negligence. As the patient is mobilised every second hourly to the bathroom, it is the responsibility
of the nurse to ensure the same or at least have done an observation in the night time when it was
more than two hours.

2. The assigned nurse and the healthcare sector or the hospital can be sued for the negligence.

3. The potential plaintiff here are the patient if mentally after the treatment and her spouse.

4. The potential dependent can be the hospital and the nurse.

5. The potential damages are compensatory damage can be incurred for the loss of physical health.
Consequential damages can be incurred in view of the expected complications due to the

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 condition. Liquidated damages can be claimed to meet the medical expenditure.

6. The hospital has the claim for the damage.

7. Three of the most common defense strategies in medical malpractice cases are:
 Rejection of expert testimony.
 Reduction or elimination of damages, and.
 Absence of causation.

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 YOU HAVE COMPLETED MODULE 3 . WELL DONE!

It’s now time for you to discuss your insights and reflections with
your classmates in the Online Discussi on. Coordinate with your
Lecturer for the final details and clarifications of the topic. Before
Online Session, make sure you have organized your ideas in your
Study Notebook at hand. In addition, be ready for an online quiz!

Once you have completed, you may proceed to Module 4.

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