Dapat basahin ng lahat ng NURSES!!!! THE LEGAL RISKS OF FALSE VOLUNTEERISM The legal OPINIONS of Atty Bu CASTRO, MD, (forner PMA AND PHA President) and Atty Tony REBOSA, MD (medicolegal expert) re nurse volunteerism (via sms exchange. They are my good friends. Thanks!) BALITA: What is the disadvantage of being volunteer relative to nurses liability as professional in case of malpractice or negligence cases, or any case? CASTRO: Liability still rests in the hands of hospitals coz volunteer nurses are still under the hospitals supervision. BALITA: But the hospital has no obligation to help nurses with civil liabilty, right? The volunteer shall personally shoulder damages, if guilty? CASTRO: No, in the eyes of the law, the hospital is still responsible for the acts of those performing under its supervision, except of course when they do things not within the scope of their work... BALITA: As volunteers and unpaid personnel are they governed by any job description and work? CASTRO: Yes of course, but if there is a contract or MOA defining each ones liability, it is another story, the contract must prevail. BALITA: Without a contract of employment, is there a vicarious liability applicable to hospital for errors of a volunteer? CASTRO: In the absence of MOA or Contract, Vicarious Liability will always apply... BALITA: Pero without the hospitals support right? No obligation to defend or help them with the case? REBOSA: No obligation to help pero damay din ang hospital. Pag employed ang nurse, the employer hosp will pay for civil liability. BALITA: What then would have been the advantage if the nurse is employed and not a mere volunteer or trainee? CASTRO: If employee, she has all the benefits under the Labor Code (SSS, Philhealth, 13th month pay, leave credits, etc), if mere volunteer, no benefits and no security of tenure... BALITA: What protection do volunteer nurses have? What rights do they enjoy? What could have been different if they were employed? REBOSA: Everything is stacked against the volunteer nurse unlike regular employees. Volunteer nurses are made to sign a waiver before the hospital accepts them and that document is used in defending the hospital. Conclusion: KAWAWA na sa PAG AARAL ng napakahirap na at napakamahal na kurso! KAWAWA pa sa PAG VOVOLUNTEER ng walang bayad! KAWAWA pa lalo pagnagkaKASO na walang KAKAMPI!!! Itigil na ang FALSE VOLUNTEERISM. Insulto ito sa NURSING PROFESSION! (These doctor-lawyers were merely answering my questions. Please dont take their answers personally against them.)
Posted on: Thu, 06 Nov 2014 14:33:25 +0000
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