professional-adjustment.ppt

8/10/2019 Professional-Adjustment.ppt

1/140


2/140

Profession

A calling in which members

profess to have acquired specialknowledge, by training orexperience or both, so that they

may guide, serve or adviceothers in that special field


3/140

Characteristics of a profession

Special Education

Code of ethics

Research Orientation

Autonomy, Authority, Accountability

Body of knowledgeService Orientation

Professional organization


4/140

ProfessionalNursing

The performance for salary orremuneration, of professionalnursing service, particularly that

of diagnosing and treatinghuman responses and potentialhealth problems.


5/140

Legal Basis of Professional

Nursing Practice

Republ ic Ac t 9173 or the nu rs ing law

of 2002

> Defines nursing, set standards for the

nursing profession and give guidance in

the scope of practice.

> Contains general statements ofappropriate nursing actions

> Goal: protection of the general public


6/140

As a registered nurse, which of the following can beperformed within the meaning of the Nursing Act of2002?

1. Internal examination during labor and delivery in theabsence of ante natal bleeding

2. Suturing of perineal lacerations

3. Nursing care of pregnant mothers during labor and

delivery4. Administration of medications and therapies including IVa. 1,2,3

b. 1,3,4

c. 2,3,4


7/140

Answer: B


8/140

Petra chose nursing as her life-long career. It isnecessary that she must understand thisprofession as to guide her practically andprofessionally as a nurse. Which among thefollowing phrases best describes whatprofessional nursing is all about?

a. A nurse has always experienced proper communityhealth training

b. Has independence towards the proactive of her nursing

professionc. Always observe ethical and professional practiced. Provide diligent care for all regardless of their financial

status


9/140

Answer: C


10/140

To avoid legal embarrassment, the nurse should dothe following?

a. He must have basic knowledge regarding the newPhilippine Nursing Law

b. He is aware of the laws affecting nurses

c. Upgrade ones skills and competence as a nurse

d. All of the above


11/140

Answer: D


12/140

Carmelita is a nurse who just passed the locallicensure examination for nurses. She knows

that professional practice of nursing involves allthe following, except:

a. Administration of intravenous injection aftercompletion of training

b. Motivation of individuals, families and communitiesc. Undertaking consultation services

d. Participation in teaching, guidance and supervision ofstudents


13/140

Answer: C


14/140

Common Law

is derived from principles or

social mores rather than from rulesand regulations. It consists of

broad, interpretative principles

based on reason, traditionalgeneral and common sense.


15/140

Nursing

Jurisprudence

Department of law whichcomprises all the legal rules and

principles affecting the practice of

nursing the study and interpretation

of rules and principles and their

application in the regulation on the

practice of nursing


16/140

Law

Are rules and regulations established

by a governing authority (sovereignpower) to institute and maintain

orderly coexistence by commanding

what is right and prohibiting what iswrong.


17/140


18/140

Basic Principle of Law

Based on concern for justice andfairness

Characterized by change

Actions are judged on basis of

universal standards of what is similarly

trained, reasonable and prudent person

would done rather in similar

circumstances Each individual has right and

responsibilities


19/140

Types of Law

Law govern the relationship of privateindividuals with government.

Publ ic Law

Refers to the body of law that deals with

relationship between individual and the

government and the governmental agencies. An

important segment of public law is criminal lawwhich deals with actions against the safety and

welfare of the public Examples are homicide,

manslaughter and theft.


20/140


21/140

Contract lawinvolves the

enforcement of agreementsamong private individuals

Torts lawsdefine and enforce

and enforce duties and right

among private individuals that

are not based on contractual

agreement.


22/140

Sources of Law

Constitution

The constitution of the Philippines is the

supreme law of the country. It established

the general organization of the

government, grants certain powers to the

government, and places limits on what

government may do. The constitutioncreated legal rights and responsibilities

and the foundation for a systems of

justice.


23/140

Legislation (Statutory law)

Laws enacted by any legislative bodyare called statutory laws.

Administrative Law

When a state legislature passes a

structure, an administrative agency isgiven the authority to create rules and

regulation to enforce the statutory laws.


24/140


25/140

Nurses and legal offenses

Crimes

Actions/behaviors which violate law

and is punishable by fine,imprisonment or death

There 2 types according to severity:feloniesand misdemeanor


26/140

Felonies

Relatively serious offenses punishable

by imprisonment, fines or even death.

Offenders lose their civil rights.

Misdemeanor

Is less serious crime punishable by fineand short-term jail sentence.


27/140

Board Question! When the law attaches the capital punishment, the

felony is considered:

a. grave

b. less grave

c. light felony


28/140

Answer: A


29/140

Which of the following is a grave felony?

a. Guilty of committing euthanasia

b. Untidy appearance while on duty

c. Reporting a wrong doing of a colleague


30/140

Answer: A


31/140

Felony is considered consummated when:

a. All the elements necessary for its execution are present

b. The offender performs all the acts of execution whichwould produce the felony as a consequence butnevertheless do not produce it by reason of causesindependent of the will of the perpetrator

c. The offender commences the commission of a felonyand does not perform all the acts of execution whichshould produce the felony

d. None of these


32/140

Answer: A


33/140

Crim inal l iabi l i t ies can be

classi f ied accord ing to:

Manner of commission

Dolodeceit; deliberate intent

Culpa- fault; product of

imprudence, negligence, lack offoresight or skills


34/140

Stage of execution

Consummatedall elements for execution

of the crime has been completed

Frustratedoffender performs everythingas intended but fails due to external causes

Attemptedovert actions to commit crime

has been commenced, but the elementswere not completed due to reactions other

than this own spontaneous desistance.


35/140

Degree of participation

Principalsdirect part in the execution of a

crime; cooperate in committing an act which

crime will not be accomplished

Accomplicecooperate in execution of

offences by previous/stimulation acts

Accessoriesprofit or assist offenders to

profit from crime; conceals, destroy the body

of crime, effects, instruments to preventdiscovery of crime; harbor, conceals, and

assists in escape of principal with abuse of

authority


36/140

Board Question! Situation: Vivian is two months pregnant. Her friend

Donna referred her to Sandra, an abortionist. Vivianwithout the consent of Carlo had an abortion.

If those involved be charged legally, who is consideredas the principal of the crime?a. Vivian

b. Sandra

c. Donna


37/140

Answer: B


38/140

Who is to be charged as an accomplice?

a. Donna

b. Sandra

c. Vivian


39/140

Answer: A


40/140

A nurse becomes liable as an accomplice in anabortion if she:

a. performs the act

b. refers the pregnant mother to abortionist

c. conceals the evidence of the crime


41/140

Answer: B


42/140

If during the investigation, the pieces of evidencewere not found because Carling, the maid ofJuaning burned it. Carling is considered as:

a. Accomplice

b. Accessory

c. Principal

d. Co-Principal


43/140

Answer: A


44/140

Contract- An agreement between two or more

persons upon sufficient consideration todo or not to do some lawful act.

- One binds self with respect to other

give something or to render some

service.

- An agreement which creates anobligation

- Can be written or oral

E d t t


45/140

Expressed contract

When two parties discuss and agree orally

in writing to its terms

Impl ied contract

- One in which there has been no

discussions between parties, but the law

considers that a contract exists

- Law ascribes an objective intention to

enter a contract facio ut des( I do that

you may give)


46/140

Elements of a valid contract

Agreement/ Mutual consentcontractsmust be binding for both parties

Legal Subject matternothing in the

contacts is contrary to law or public order

Cause of the obligationwhich is

established

Contractual capacityparties are

eligible to enter a contract


47/140

Objects o f con tracts

All things which are within the

commence of man

All rights which are

transmissible

Future inheritance


48/140

Prerequ is i tes in enter ing a contract

Be of legal age

Be sound of mind

Not under the influence of

intoxicating substances or fear of

bodily harm

Mentally competent


49/140

Termination of Contract

Most nursepatient contracts end

when

Treatment is complete Bills

Has been paid

Waiver to discharge againstmedical advise has been signed


50/140

An agreement between two or more persons to do ornot to do a particular thing is known as:

a. agreement

b. contract

c. subpoena


51/140

Answer: A


52/140

A contract is:

a. A bond gathered by a nurse from the patient

b. A document that permits two person to offer the sameservices

c. A written agreement between the nurse and the patient

d. An agreement which creates an obligation


53/140

Answer: D


54/140

When a patient enters a doctors clinic fortreatment, this is an example of:

a. formal contract

b. implied contract

c. single contract


55/140

Answer: B


56/140

Which of the following statement is false about animplied contact?

a. Its agreement is presumed

b. Its agreement is inferred from the acts of the parties

c. It must still have consent by the parties

d. It is a formal contract


57/140

Answer: D


58/140

A verbal agreement where one undertake to renderservice to another in which either party agrees togive for a fee or renumeration is enforceable:

a. Formal written contract

b. Contract that is null and void

c. Form of an informal contract

d. Form of an implied contract


59/140

Answer: D


60/140


61/140

Legal excuse or defense

Torts

A civil wrong committed against a

person or property, excluding breachof contact, which calls for

compensation in damages

The wrongdoing can be inflicted

by commission or omission Can be intentional or

unintentional

See Intentional Torts Table


62/140

Unintentional Torts

Negligence

Doing an act which a prudent person

would not do or not taking an act which a

prudent person would do in the same

situation


63/140

Can be considered as grave felony ifdone with obvious disregard of the safety

of others, or indifference to injury that is

bound to fallow ones act, specifically

when it results to injury or death

Nurses are liable for poor outcomes if

and only if there conduct is negligent.


64/140

Gross Negligence/ Reckless

Imprudence

Involves extreme breach of care, inwhich the damage caused was not

immediate or danger is not evident or

manifested

Simple Negligence

Manifesting lack of precaution in which

the damage caused was not immediateor the danger is not evident or

manifested.


65/140

Malpractice

Professional negligence

Failure to meet the standards of

acceptable care which results to harm

to other person

Negligence that occurred while the

person was performing as aprofessional


66/140

Elements of Negligence and

Malpractice

1. Duty

2. Breach of Duty

3. Foreseeability & Causation

4. Harm or injury

5. Damages


67/140

Doctr ines App l icable To Negl igence

Suits

Respondeat Superior

let the master answer for thesubordinates

where an agent acts through the

agency of another (superior), the latteris himself acting through the former


68/140

Res Ipsa Loquitor

the thing speaks for itself

when a thing which has caused an injury is

shown to be under the management of the party

charge with negligence, the accident is as suchas in the ordinary course of thing will not happen

if those who have such management used

proper care, the accident itself affords

reasonable evidence in the absences of anexplanation by the parties charge that is those

from the want of proper care.


69/140

Three elements

(1) the event would have notoccurred if the nurse exercised

prudent care,

(2) the accident occurred within

exclusive control of the nurse,

(3) no voluntary action was done

by the injured party.


70/140

Force Majeure

irresistible or superior force

no one shall be held liable fornegligence done due to an event that

human prudence cannot foresee,

prevent or control

pertains to act of God and of nature


71/140

Situation: Nurse Robert is the scrub nurse in the surgicalteam which performed exploratory laparotomy. Dr.Leonard was the surgeon, Nurse Cha was the circulatingnurse and Dr. Siony was the anesthesiologist. After theoperation, the patient complained of severe abdominalpain while in the recovery room. X-ray showed a mosquitoforceps left in the patients abdomen.

The nurses are considered guilty based on the doctrine of:

a. Res ipsa loquiturb. Respondeat superior

c. Force majeure


72/140


73/140

The doctrine of respondent superior applies:

a. Where the injury occurs while the servant is not withinthe legitimate scope of his authority

b. When the injury occurred in the course of hisemployment

c. When the injury occurred outside the commerce ofman

d. When the instrumentality was with in the full controlof the servant


74/140

Answer: B


75/140

The test for liability under the doctrine ofrespondent superior is the:

a. Power of master servant

b. Inquire itself

c. Extent of damage caused

d. Circumstances surrounding the act


76/140

Answer: A


77/140

The nurses were guilty of professional negligence, whichof the following are the elements of the act?

1. existence of a duty on the part of the person charged

2. failure to meet standards of care3. foreseeability of harm resulting from failure to meet

standards

4. the power to control over the circumstances

a. 1,2,4b. 1,3,4

c. 1,2,3,4


78/140

Answer: D


79/140

The following are possible penalty of the act except:

a. revocation of license

b. life imprisonment

c. monetary penalty


80/140

Answer: A


81/140

The professional license that has been revokedmeans:

a. suspension to practice nursing

b. removal of license number

c. cancellation of the license


82/140

Answer: A


83/140

A nurse who executes a doctors order, which to herhonest belief or judgment may endanger the life ofthe patient can be accused of:

a. Malpracticeb. Accessory

c. Accessory

d. Criminal negligence


84/140

Answer: D


85/140

Negligence means failure to:

a. Observe the behavior of an unscrupulous person

b. Behave properly as a professional nurse

c. Carry out ones duties and function

d. Do what is supposed to do


86/140

Defini t ion of Terms


87/140

Murderkilling of another person other

than relative with proven malice orpremeditation

Parricidekilling of father, mother or child,

whether legitimate or illegitimate, or any ofhis ascendants or descendants including the

spouse.

Homicidekilling of any human creature. It

is not necessarily a crime, committed

without criminal intent and without criminal

consequence.


88/140

Infanticidekilling a child less than 3 days

of age

Abortionexpulsion of fetus so early that it

has not yet acquired the power of sustaining

independent life

Simulation of Birthsubstituting one child

to another, falsification of birth favoring

adoption

Burglaryentry into building with intent to

commit a theft or felony inside the building

Robbery direct taking of property from another


89/140

Robbery direct taking of property from another

by the use of force, intimidation or fear

Arsonburning a building or structure withmalicious intent

RapeForcible penetration of organ o

copulation or any inanimate object to any bodyorifice of the offended party

Child molestationengaging in any sexual act

with a person under age 18

Drug chargespossession and/or trade of

control substance


90/140

The essential element to determine parricide is:

a. Presence of the body of the crime

b. Kind of weapon used

c. Part of victims body at which the weapon is aimed

d. The relationship of the offender with the victim


91/140

Answer: D


92/140

Infanticide is the unlawful killing of an infant under:

a. Three days old

b. Three months old

c. Under 3 lbs. baby weight

d. Three years old


93/140


94/140

Any person who kills his father is guilty of:

a. Parricide

b. Murder

c. Infanticide

d. Abortion


95/140

Answer: A

Considerations to Criminal Liability


96/140

Justifying Circumstances (there is nocrim e in the eye of the law )

unlawful aggression on the part of the

offended or injured party

reasonable necessity of the means

employed by the offender

lack of sufficient provocation on the part

of the offender


97/140

Exempting Circumstances (there iscr ime commit ted but no cr iminal on accoun t of

absence of free w il l or voluntar iness)

imbecile or insane person, unless

the latter has acted during a lucidinterval

under nine years old

over nine and under fifteen years

old (unless acted on discernment)

under the compulsion of an


98/140

under the compulsion of an

irresistible force

any person who while aperforming a lawful act with due care,

causes an injury by mere accident,

without fault or intention of doing itacting on impulse of an

uncontrollable fear of an equal or

greatly injury

failure to perform an act requiredby law when prevented by some

insuperable cause

Mitigating Circumstances (penalty is


99/140

g g (p ylessened)

circumstances otherwise justifyingor exempting

under 18 years of age; over 70

years oldoffender had no intention to

commit so grave a wrong as that

committedsufficient provocation or threat on

the part of the offended party

immediately preceded the act

the act was committed in the


100/140

the act was committed in the

immediate vindication of a grave

offense to the committing felony, hisspouse, relatives whether legitimate

or not

acted on impulse so powerful as

naturally to have produced passion or

obfuscation

surrendered himself or voluntarily

confessed his guilt


101/140

deaf, dumb, blind or other physicaldefects that restricts better

communication

illness that would diminish the

exercise of his will power without

however depriving him of

consciousness of his acts

Aggravating Circumstances (penalty is


102/140

Aggravating Circumstances (penalty isincreased)

advantage taken by the offender of

his public possession

crime committed in contempt or with

insult to public authorities

act committed with abuse of

confidence or obvious ungratefulness

crime committed duringconflagration, shipwreck, earthquake,

epidemic or misfortune

crime committed in consideration


103/140

of a piece, reward, or promise

crime committed by means of

inundation, fire, poison, explosion,

standing of a vessel or anything

involving great waste or ruin

act committed with evident

premeditation

fraud or disguise are employed


104/140

Circumstances or actions which are said to be inaccordance with law is said to be:

a. Justifying

b. Exemptingc. Mitigating

d. Aggravating


105/140

Answer: A


106/140

All of the following are exempting circumstanceexcept:

a. Imbecile

b. 8 years oldc. performance of a lawful act

d. offender id deaf and dumb


107/140

Answer: A


108/140

When a politician takes advantage of his power inthe performance of lawful actions this is consideredas:

a. justifying circumstancesb. exempting circumstances

c. mitigating circumstances

d. aggravating circumstances


109/140

Answer: D


110/140

Which of the following is a mitigatingcircumstances?

a. Act committed during epidemic or calamity

b. Obeying a lawful order of the superiorc. Accidental killing

d. None of the above


111/140

Documentation


112/140

Princ ip les of documentat ion

Records are legal documents and are

admissible as evidence in a court of law

Nurses must accurately document eachstep of the Nursing Process in the clients

records

Records entries should be brief,

accurate, legible chronologic, made onconsecutive lines and appropriately signed

Falsification is illegal, including omission

of relevant information

Incidents Reports


113/140

Purpose of incident reports:

to memorize in writing any unusual event at time

of its occurrence by a person who was a direct

personal witness. It is generally used for

management and documentation purposes only.

The whole purpose of incident reporting is to

LEARN from the mistakes and how to eliminate,

reduce and manage the risks we have to dealwith on a daily basis. It cannot be used as

evidence in lawsuits.


114/140

What an inc ident repo rt should

conta in

> The date

> The place

> The position of the individual

reporting (not necessarily the name)

> A description of the incident or

issue> Whom it is reported to


115/140


116/140

Common s i tuations that

requ ire Inc ident repo rt

Break in aseptic technique

Incorrect sponge count in surgery Medicallegal incident

Client or family refuses treatment

as ordered and refuses to sign

consent

* Client or family voices


117/140

Client or family voices

dissatisfaction with care and situation,

cannot be or has not been resolve Complication from diagnostic or

treatment procedures ( e.g. blood

sample stick, biopsy, x-ray, invasiveprocedure. Bronchoscopy)

Failure to report change in

patients condition Falls

Patient is burned


118/140

Each professional nurse must be legallyaccountable in all his action which involvesproper monitoring and recording. The legalimplication of this is due to:

a. That regardless if the nurse re recorded his observationor not, he shall still be accountable and liable

b. If the nurse did not document anything, he shall beliable

c. If it was not written although it was performed, it isconsidered as not having been done at all

d. Because a chart needs to be completed by handwrittenwords


119/140

Answer: C

Nursing Ethics


120/140

Nursing Ethics

Morality- usually refers to private,

personal standard of what is right

and wrong. Moral issues involve

important social values and norms


121/140


122/140

Bioethicsethics as applied tolife situations (e.g. decisionsabout euthanasia, prolonginglife, abortion)


123/140

Nursing ethicsethical issuesthat occur in the context ofnursing practice questions thatmust address with regard totheir own actions


124/140

Values - freely chosen, long-lasting beliefs or attitudes aboutthe worth of something (e.g. aperson or an idea)


125/140

Value systema personal setof beliefs on a continuum from

most to least important, thusproviding the basis for decisionsand choices

Moral theories guide nurses


126/140

in ethical decision making

Consequence basedjudge

the rightness of the actionbased on the consequences itproduces (the end justifies

the means)


127/140

Utilitarianism views a goodact as one that brings theleast harm and the mostgood to the people choosethe lesser evil


128/140

Relationship based


129/140

Relationship based stresses courage, generosity,

commitment and the need tonurture and maintainrelationships, promote the

common good or the welfareof all group, rather thanstressing the individual

rights.

Bioethical Principles


130/140

Autonomy from the Greekwork autos meaning selfand nomos meaning ruleor law, thus refers to self

law. Implies individualrights, privacy and choice.

Autonomy entails the abilityto make a choice fromexternal constraints.


131/140

Beneficence - the duty to dogood and the activepromotion of benevolent acts(e.g. goodness, kindness,

charity)

Confidentiality relates the


132/140

Confidentialityrelates theconcept of privacy.

Information obtained froman individual will not be

disclosed to another unless itwill benefit the person orthere is a direct threat to the

social good.


133/140

Double effecta principlethat may morally justifysome actions that some mayproduce both good and evil

effect.


134/140

Fidelitypromise keeping;duty to be faithful to onescommitments and promises


135/140


136/140

Nonmaleficence the dutynot to inflict as well as toprevent and remove harm.

Sanctity of Lifethe


137/140

yperspective of that life is the

highest good.

Thus all forms of life

,including mere biologicexistence should takeprecedence over external

criteria for judging quality oflife.


138/140

Veracitythe obligation to

tell the truth and not to lie ordeceive others


139/140

Which of the following principles apply to theaction of the nurse to refrain from discussing thecondition of the patient with those who are not

involved in his care?a. beneficence

b. non maleficence

c. autonomy


140/140

Answer: B

professional-adjustment.ppt

Documents