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All Jurisprudence based

0 tracked cards Criminal Law

In a rural health outpost during a flood, a licensed nurse on night duty encounters a 62-year-old patient in grave distress from acute myocardial infarction with chest pain, sweating, and shortness of breath. There is no physician on site and no standing emergency protocol. The nurse refuses to perform any emergency medical treatment, stating she cannot act without a physician’s order and that she has no authority to treat emergencies. The patient dies before outside help arrives. Under Batas Pambansa Blg. 702, as amended by RA 8344, (a) state the offense and its essential elements; (b) applying the facts, is the nurse criminally liable for Refusal of Emergency Medical Treatment? Briefly justify.

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Refusal of Emergency Medical Treatment under B.P. Blg. 702, as amended by RA 8344; essential elements include that the offender is a health professional, there is an emergency requiring immediate treatment, there is a willful refusal or delay of emergency treatment, the refusal or delay results in death or grave harm, and there is no lawful justification. Abandonment of a person in danger under the Revised Penal Code; elements include leaving the person to fend for himself in a dangerous situation and the existence of a duty to act. Murder under the Revised Penal Code, which requires a deliberate act with malice and intent to kill. Unlawful withholding of medical treatment under a civil-damages framework, which involves non-criminal remedies for failure to provide care

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