October 23 ,

2023

Define the following doctrines and principles affecting

nurses and provide examples. Captain of the Ship
>
-
imposing liability on a surgeon for the actions of
Res Ipsa
Loquitur assistants who are under the surgeon's control
but who are
the thing speaks for itself employees of the hospital not
>
-

,
surgeon.
the circumstances make it obvious that
surrounding the responsible for any negligent
-
case - a surgeon was

negligence occurred .

conduct in the operating room just as the captain

-generally means that the accident or
injury could not of a ship is responsible for the actions of its crew.
happened if the had not . Example
negligence occured

When it
Example comes in the Operating Room they note the
,

The surgeon amputating as the captain of the ship because he is the

was supposed to be the left leg of surgeon
the diabetic
patient ,
but instead he amputated the right leg. one
responsible for everything
that happens inside the

room .

If one health care provider was negligent ,

it's the

surgeon whom to blame for the action of his crews.

Force Majeure
-
literally means "greater force"
-

included in contracts to liability for unforseeable

remove
Damnum Absque Injuria
"loss
and unavoidable catastrophes that interrupt the expected
-
or
damage without
injury"; although there was

course of events and prevent

participants from fulfilling a
physical damage ,
there was no legal injury
obligations. Generally cover both natural disasters and >
the principle offort law in which some person (natural/legal)
loss to another but does not
catastrophes created by humans
. causes
damage or , injure them.
-
an irresistible force , one that is unforeseen or inevitable ; Example
"You cannot stop it from happening . When the broke the medication of one
nurse

Example patient in front of her before administering it and ,

Due to the war

occuring in a country ,
the health care the patient was not hurt by the broken glass but ,

providers barely cater

everyone that needs help and her medication has spilled on the floor .
perform their
procedures in the most accurate way.

Apparent Authority or Estoppel

Respondent superior >
-
the power of an
agent to act behalf of a
on

"let the master answer "

principal though expressly or impliedly

>
-

,
even not
>
-

legal
the doctrine according to which an
employer is
granted.
responsible the actions of its employees performed
for >
-
it prevents the principal from denying the existence
during the course
of their employment .

of agency to a third party provided that

,
a

-this legal notion comes into play in the case of medical representation ,
as to the agent's authority ,
has
malpractice when it can be proven that the employer been made
by him to the third
party either
or hospital can be held liable
for the actions of through his words or
by his actions.

doctors or
employees Example
Example The nurse has the power to act but limited to the

The hospital who is responsible when doctor's order and nursing interventions"
is the one
specific
the nurse was
negligent in doing her work (when the it is when the doctor held out the nurse as
having authority to
nurse administered the wrong medication to act behalf of the doctor and the client relied up on
that holding
a wrong on

client). out and assumed that the nurse had actual authority.
Good Samaritan Assumption of Risk Waiver
-
who acts in good faith to any emergency where other >
-
undersigned hereby acknowledge and agree
The
persons are in
danger ,
without guilt ,
misconduct ,
or that they understand the nature of the Event ;
that
compensation takes steps to provide help or assistance to
participant is qualified in good health and , ,

any person who is in danger ,

is wounded, or otherwise in proper physical condition to participate therein ;

requires immediate medical treatment shall not ,

be that there are certain inherent risks and dangers
heldcivilly or criminally liablee. associated with the event
-

give liability protection against "ordinary negligence " .

Example.
Example A person will be participating in a phase I trial of a
The nurse saw a road accident she helped , one
of the
new medication ,
he will be
receiving a waiver that indicates
who is unconscious , she immediately he knew and understand the event what to expect
passenger of the car ,

has not and the risks he might encounter during the trial
perform CPR while the rescue team
yet arrived at
.

the scene.

Epikeia
Contributory Negligence >
-
a law can be broken to achieve
greater good
a

injured plaintiff's failure to exercise reasonable

>
-
an used by taking acts as exceptions to
treating
>
-
or some

care
for their own safety
. the rule ; hence they are allowed to be done or their

you contributed
to illness
injuries in is
justified under this principle
>
-

your own or a performance .

medical malpractice case ; a claimant contributed Example

to their own harm and ,
cannot obtain full The nurse going to the hospital
, for her shift encountered
,

compensation from the other party. a pregnant woman whose water just broke and waiting
Example a vehicle, the nurse decided to help since it
for , was an

The nurse conducted violated traffic lights and

a health teaching to a
hypertensive emergency ,
the nurse the

client andsignificant other how to control his blood on

prescribed speed limit in their city in order to rush a

pressure but after a week the patient went to the hospital

, , pregnant woman to the hospital .

because he was eating

foods with high sodium and only took
his maintenance medications when he feels that his blood

pressure was .
high Totality
>
-
all decisions in medical ethics must
prioritize
the good of the entire person including
physical, ,

In Pari Delicto
psychological and spiritual factors ,

"In equal fault" all at fault2

; for people principle of sentencing formulated to assist a court
>
more are

are all guilty of crime.

or a when sentencing an offender for a number
of offences.
where the parties to controversy equally Example
>
-
a are

culpable or
guilty they ,
shall leave the parties Upon the assessment to a diabetic patient ,
the
where it finds gangrenous left foot patient
.
them
nurse saw a she
of a ,

Example reported it to a surgeon whom decided that the limb should

The physician ordered an anti-hypertensive medication to a be amputated because the person could die if the
gang-
client and the order
forgot to have a skin test the ,
nurse saw rene spread.
and administered it to the client with a BP of 180/130 , suddenly,

the patient got rashes ,

chest pain and DOB; based on this situation,
,

both physician and nurse is responsible for what happened .

The Golden Rule
>
-
aims to help people behave toward each other in

a way that is morally good

.
>
-
treat others how you want to be treated.
them do unto .
do unto others
you would have
>
-
as
you
Example
When establishing rapport to the client up to performing
interventions , the nurse is corteous , kind and offer sincere
,

compliments because that is what she wants others to treat

her if clients it she still tries

,
even some were not
reciprocating ,

her best to be respectful .

Due Process
deals with the administration of
justice ; thus it acts
>
-

as a
safeguard from arbitrary denial of life liberty
, ,
or
property by the
government outside the sanction
l aw .
of
>
-
the right to be treated
fairly efficiently
, ,
and

effectively by the administration of

justice .

Example
The health care
provider specifically the
,
nurse, provides
information/health teaching which is
necessary for the
case

with
of the client ; whereas the client has been informed
details she should know
. Another example is when a nurse

health teach a client about the medications before

administering it because the nurse knew that the client has

rights to
the information.

References :

https://www.slideshare.net/roducado/nursing-law-and-jurisprudence
https://nursece.com/courses/92-legal-issues-in-nursing
https://www.merriam-webster.com