1. Medical Jurisprudence Flashcards

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1
Q

legal aspects of regulation and practice of medicine

A

Medical jurisprudence

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2
Q

illegal practice of medicine shall be punished by

A

fine of nlt 1000 php or nmt 10, 000 php
imprisonment of nlt 1 yr and nmt 5 years
or by both fine and imprisonment

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3
Q

R.A 4224 was amended on

A

June 29, 1965

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4
Q

what law is the basis of contract between physician and patient

A

Art 1305 of the Civil Code

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5
Q

traditional medicine is exempted from practice of medicine based on

A

Traditional Medical Act of 1997

R.A. 8423

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6
Q

the right to regulate the practice of medicine is based on

A

police power of the state

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7
Q

its primary duties are to administer physician licensure examination

A

Board of Medicine

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8
Q

for preliminary examination of PLE the examinee must be at least

A

19 years old

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9
Q

basic requirement for admission to med school

A

completion of bachelor’s degree
certified true copy of NMAT
good moral character

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10
Q

Medical Act of 1959 was amended by

A

Repubic Act no. 4224

R.A no. 5946

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11
Q

deals with application of medical knowledge to certain branches of the law for proper administration of justice

A

legal medicine

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12
Q

when a person who is dying has their biological life extended through technological means without regard to the person’s quality of life

A

dysthanasia

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13
Q

application of medical knowledge to explain and expound legal problems for proper administration of law and justice

A

forensic medicine

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14
Q

normal or natural manner of death and dying. 2. Sometimes used to denote the deliberate stopping of artificial or heroic means of maintaining life.

A

orthothanasia

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15
Q

Medical Act of 1959

is RA no.

A

Republic act no. 2382

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16
Q

regulates the practice of medicine

A

Board of medicine

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17
Q

branch of law relating to practice of medicine

A

Medical Jurisprudence

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18
Q

R.A. 5946 amended on

A

June 21, 1969

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19
Q

issues cert. of registration to practice medicine

A

Board of medicine

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20
Q

consent - manifested by meeting the offer and the acceptance upon the thing and the cause
is based on what law

A

Art. 1319, Civil code

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21
Q

Data Privacy Act of 2012

A

R.A. 10173

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22
Q

the privelege of the practice of medicine is by virtue of the

A

police power of the state

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23
Q

Medical Act of 1959 was enacted on

A

June 20, 1959

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24
Q

what law states: every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons

A

Art 26 of the Civil Code

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25
Q

result-dependent fee

A

contingent fee

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26
Q

an agreement creating an obligation

A

contract

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27
Q

minimumage to practice medicine

A

21 years old

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28
Q

basic medical law the regulates practice of medicine

A

Medical Act of 1959

29
Q

acts of diagnosis and tx without practice of medicine

A

takes BP readings without prescribing any tx
spa, health and medicated massage
hospital
faith healers

30
Q

Board of medicine has how many members

A

6

31
Q

deals with application of the law to medicine

A

Medical jurisprudence

32
Q

based on mutual trust and confidence

A

fiduciary

33
Q

based on mutual consent

A

consensual

34
Q

three-man commission

A

PRC

35
Q

for a contract to be valid it must have the ff. elements

A

consent
object
cause

36
Q

age of majority

A

18 yrs old

37
Q

power of promoting public welfare by restraining and regulating the use of liberty and property

A

police power of the state

38
Q

provide gen supervision and regulation of all professions requiring licensure examinations except lawyers

A

PRC

39
Q

Balikbayan physicians pursuant to this law, allows former Filipino professionals to practice their respective professions in the Philippines, provided:

  1. good standing prior to departure
  2. registered with PRC
  3. paid professional fees
  4. pay corresponding income tax
A

PD 541

40
Q

how healthcare personnel treat information once it has been disclosed to them

A

confidentiality

41
Q

that one’s personal information is protected from public scrutiny

A

right to privacy

42
Q

right of individuals to keep information about them from being disclosed

A

privacy

43
Q

the state has the right to assume responsibility when the child is NEGLECTED by the parents to have the child treated
Parents have no right to base it on religious beliefs or any other grounds

A

Parens patria

44
Q

the practice of medicine is a

A

privelege

45
Q

an act or omission that constitutes a crime by a physician

A

criminal liability

46
Q

criminal liability

laws

A

Revised Penal Code (Art. 365 Reckless Imprudence)

47
Q

responsibility of a physician to compensate for the injury that the patient suffered on account of physician’s act of omission as if falls below the standard of care

A

civil liability

48
Q

penalty of criminal liability

A

imprisonment and or fine

49
Q

penalty of civil liability

A

damages

50
Q

every person, must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due and observe honesty and good faith

A

Art 19, New Civil Code

51
Q

Every person who, contrary to law, willfully and negligently causes damage to another, shall indemnify the latter for the same

A

Art. 20, New Civil Code

52
Q

every person criminally liable is civilly liable

A

Art. 100, RPC

53
Q

whoever by act or omission causes damage to another , there being at fault or negligence , is obliged to pay for the damage done

A

Art 2176, New Civil Code

54
Q

the right to practice is permanently or temporarily withdrawn from the physician

A

administrative liability

55
Q

valid exercise of the police power of the state

A

Administrative liability

56
Q

penalty of administrative liability

A

reprimand, suspension, revocation of license

57
Q

4 elements that a prosecution must prove

Medical negligence

A
  1. duty
  2. breach
  3. injury
  4. proximate causation
58
Q

this element of medical negligence must be proved by expert witness

A

duty
breach
proximate causation

59
Q

No deposit law

A

R.A. 8344

60
Q

Hospital Detention Law

A

R.A. 9439

61
Q

Reclusion perpetua penalty

A

20 years + one day to

40 years

62
Q

reclusion temporal

penalty

A

12 years + 1 day to 20 years

63
Q

Reclusin perpetua will be pardoned after ___ years

A

30 years

unless considered by Chief executive as unworthy of pardon

64
Q

Prision mayor and temporary disqualitification

penalty

A

6 years and 1 day to 12 years

65
Q

prision correctional, suspension and destierro

penalty

A

6 months and 1 day

to 6 years

66
Q

arresto mayor

A

1 month and 1 day to 6 months

67
Q

arresto menor

duraiton

A

1 day to 30 days

68
Q

4 D of negligence

A

duty
derelct
direct cause
damages