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4) INCEST DOCTRINES AND PRINCIPLES

= a human sexual activity between AFFECTING NURSES
family members or close relatives;
1) RES IPSA LOQUITOR
between people in consanguinity and
= “The thing speaks for itself” – a
those related (marriage, step family,
rule of evidence that presumes
adoption, clan, or lineage)
negligence from the very nature of
= physiologic aspect: genetic
the accident itself using common
malformations
human knowledge or experience.
= nsg resp: be ethically and morally
= The application of this rule requires:
careful in communicating and
That the accident was kind of Uncommon Aceioat
educating patients regarding this issue
which does not ordinarily occurs
(culture, norms, and religion should be
unless someone is negligent Excuse control
considered)
that the instrumentality or agency
which caused the injury was under
5) ABORTION
the exclusive: control of the person
= termination of the product of
charged with negligence
conception before age of viability
that the injury suffered must not Involving
20-22 wks
have been due to involuntary action or Adm
= a child is a person and a person has
contribution from the injured person.
rights (right to life)
= UDHR (all human beings are born
2) FORCE MAJEURE
free and equal in dignity and rights)
= No person shall be responsible for a
✓

fortuitous event (inevitable or ① Independence Will

6) CLONING
of

unforeseen events)
the Force stopping
-

= creation of genetically identical of

should itexternal be

=This may refer to natural ② Impossibility of Fulfilment

human
occurrences or an act of man. ⑦ Absence of Panioipoto
= Copying someone’s genome is a v1 the injury

morally problematic action.

3)RESPONDEAT SUPERIOR
= The dignity of human “uniqueness” is
= Embodies the general rule that an
considered.
0
employer is responsible for the
negligent act or omissions of its
employees. Or
=The employee is entitled•“independent
a
contractor”
vindepent contacts
 to their
The px also contributed own
injury
4)CAPTAIN OF THE SHIP 8)CONTRIBUTORY NEGLIGENCE
= surgeon is likened to the captain of = Negligent conduct on the part of
the ship and it is his/her duty to the patient that contributed to harm
control everything that is going on him/herself and that was below the
r

inside the operating room. required standard of patients.

= Liability is imposed by virtue of the Both parties are

9) IN PARI DELICTO eauoity wrong

surgeon’s status, and it can be imposed
= Indicates that parties involved in an
without actually showing that the
action are equally culpable for a wrong
surgeon is in control.
action. Neither can obtain affirmative
5) DAMNUM ABSQUE INJURIA relief from the court since both are at
= although there was a physical equally at fault or equal guilt.
damage or injury, there was no legal
injury. 10) ASSUMPTION OF RISK OR WAIVER
=victim is not entitled to recover for = The patient assumes the risks for
damages or compensation for the loss medical treatment or procedure and
or injury. There is an intervention of may not recover damages for injuries
extraordinary circumstances beyond sustained as a result of the known and
her control when performing the described dangers and risks.
0
lawful act prudently, hence no liability
1- injury E) legal injury no
compensation =
11) EPIKEIA

:
6) ESTOPPEL/ APPARENT AUTHORITY = There is an exception to the general
= Article 1431 od the Civil Code: rule. This provides excuses for errors
Through estoppel, an admission or committed if it yields for the best
representation is rendered conclusive interest of the patient.
upon the person making it, and cannot
be denied or disapproved as the 12) TOTALITY
person relying thereon. = All decisions in medical ethics must
A representation
person is relying
7) GOOD SAMARITAN
cannot be
thereon
denied , it is conclusive as another
prioritize the good of the entire person,
including physical,
- psychological and
-0
= Offers legal Protection to the spiritual.
-
people who give “reasonable
assistance” to those who are, or whom 13) THE GOLDEN RULE
they believe to be injured, ill, in peril, = Simply treating others on how you
or otherwise incapacitated. want to be treated.
= A maxim of many religions and
cultures.
 14) DUE PROCESS 2) NEGLIGENCE: “THE NURSE LORENZA
= Legal matters shall be resolved SOMERA CASE”
according to established rules and = Issue: Whether or not, Nurse Lorenza-
principles, and that individuals shall be Some ra is liable for negligence?
treated fairly. = Ruling: YES!!
= Nobody shall be deprived of his/her
own life, liberty and property without 3) NEGLIGENCE: NOEL CASUMPANG,
being heard and protected under the RUBY SANGA-MIRANDA and SAN JUAN
bounds of the law. DE DIOS HOSPITAL, petitioners, vs.
= Due proves applies to civil, NELSON CORTEJO, respondent, (G.R. No.
administrative and criminal matters. 171127)
= Issue: Whether or not, Dr. Noel
JURISPRUDENCE IN HEALTHCARE PROFESSION Casumpang is liable for negligence?
RULING = Held: YES!!
=closely related to “HOLDING”. This is
what the court orders to happen to the 4) RES IPSA LOQUITOR: CARLOS
parties as a result of their holding. This BORROMEO, petitioner, vs. FAMILY CARE
is also the court’s decision on the matter HOSPITAL, INC and RAMON S. INSO,
presented in lawsuit. MD, respondents (G.R. No. 191018)
= Issue: Whether or
HELD not, Dr. Ramon S. Inso ●No! is liable for
= in the context of a legal judgment or negligence?
pronouncement means “decided” or = Held: NO!!
“ruled”.
5) BREACH OF DUTY AND
1) THE PRACTICE IF MEDICINE IN THE CONTRIBUTORY NEGLIGENCE OF
PHILIPPINES: PHILIPPINE MEDICAL PATIENTS: FE CAYAO-LASAM,
ASSOCIATION, petitioner, vs. BOARD OF petitioner, vs. SPOUSES CLARO and
MEDICAL EXAMINERS and JOSE MA. EDITHA RAMOLETE, respondents, (G.R.
TORRES, respondents, (G.R. No. L-25135) No. 159132)
= Issue: Whether or not, Jose Ma. Torres = Issue: Whether or not, Dr. Fe Cayao-
is entitled to practice medicine without Lasam is liable for negligence due to
taking the medical licensure exam? breach of professional duties?
= Held: NO!! = Held: NO!!