CHAPTER 6-10 Flashcards
Rights of Patients:
- Right to give consent to diagnostic and treatment procedures
- Right to religious belief
- Right of privacy
- Right to disclosure of information
- Right to confidential information
- Right to choose his physician
- Right to treatment
- Right to refuse necessary treatment
When the right of confidential information is provided for in the code of ethics
Confidential information
Information provided for by law
Privileged communication
Relates to the right of the patient to assert the right to keep the subject matter of the relationship from being testified in court
Privileged communication
Give patient adequate legal protection
Confidential information
RA that requires all government and private hospitals and clinic to render immediate emergency medical assistance
RA 6615
Complaints filed against optometrist may either be
Administrative in nature
Criminal
Civil
Administrative cases are filed with the
Board of Optometry and PRC
Criminal and civil cases are filed with the
Courts of Law
Any person who, by reckless imprudence, shall commit any act which, had it been intentional would constitute a grave felony, shall suffer the penalty of arresto mayor
Revised Penal Code, Article 365. Imprudence and Negligence
Any person who, contrary to law, willfully negligently causes damaged to another, shall indemnify the latter for the same
Civil Code, Article 20
Whosoever, by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done
Civil Code, Article 2176
motu proprio
On his own impulse
prima facie
first impression lasts
in pari delicto
In equal fault
Rights of respondents:
Right to be presumed innocent until the contrary is proven
Right of himself or his counsel to be heard
Right to be informed of the nature and cause of the accusation against him
Right to have speedy, impartial, and public trial
Right to have compulsory process
Right not be compelled
Right to meet the witness face to face
Signifies entire want of care which raises the presumption of conscious indifferences to consequences
Gross negligence
The want or absence knowledge or lack of information
Ignorance
lack of ability, lack of fitness, or lack of adequate expertise to discharge a required duty or a specific act.
Incompetence
Failure in the exercise
Malpractice
Elements of Malpractice:
The practitioner has a duty to his patient.
The practitioner failed to perform such duty to his patient.
As a consequence of the failure of the practitioner to perform his duty, injury was sustained by the patient
The failure of the practitioner to perform his duty is the proximate cause of injury sustained by the patient
Principle of helping others
Beneficence
Doing no harm
Non-maleficence
Respect for individual rights to make own choices
Autonomy
Fair distribution of goods and services
Justice
4 D’s of professional malpractice
Duty
Dereliction
Damage
Direct
The duty of a practitioner to his patient
Duty
The practitioner failed to perform his duty to his patient
Dereliction
As a consequence of the practitioner’s failure to perform his duty
Damage
The negligence of the practitioner is the direct cause of damage
Direct
consists in voluntary, without malice, doing or failing to do an act from which damage results by reason of inexcusable lack of precaution on the part of the person failing to perform such act
Reckless imprudence
Consists of the lack of precaution displayed in those cases in which the damage impending to be caused is not immediate nor the danger clearly manifest
Simple imprudence
indicates a deficiency of perception or when the wrongful may be avoided by paying proper attention
Negligence
A public and malicious imputation of a crime
Defamation
Written defamation is called
Libel
Oral defamation is called
Slander
A legal wrongdoing independent of contract
Tort
Occurs if the optometrist agrees to effect a cure or obtain a specific result on the patient but fails to do so
Breach of contract
responsibility of a person, who is not negligent for the wrongful conduct or negligence of another
Doctrine of vicarious liability
Involves persons who are not actually employed but are acting as contractors for a particular service
Doctrine of ostensible agent
The fact that the application of a treatment or management procedure resulted badly
Bad result rule
If the patient allows the doctor to proceed in the administration of a treatment inspite of the patient’s full knowledge that the doctor was not in the proper condition to do so physically
Antecedent
If the patient fails to follow the doctor’s warning or instruction
Contemporaneous
If the patient fails to comply with doctor’s advice or instruction
Subsequent
The loss a person already sufferred
Daño emergante
Failure to receive the benefit which would have pertained to him
Lucro cesante
A natural, inevitable and necessary consequence of negligence in question
General damages
Damages not ordinarily anticipated by the defendant
Special damages
Includes physical suffering, mental anguish, fright, serious anxiety and similar injury
Moral damages
A person who has some direct first-hand knowledge of the “facts”
Ordinary witness
A process to cause a witness to appear and give testimony
Subpeona
Kinds of subpeona:
Subpeona ad testificandum
Subpoena duces tecum
Subpeona duces tecum et ad testficandum
A process requiring a person to appear before a trial or hearing
Subpoena ad testificandum
A process which requires a person to produce at a trial some documents or papers which are under his control
Subpoena duces tecum
An order or process commanding a person to appear before a trial or hearing
Subpeona duces tecum et ad testificandum
Standard of care measured by the degree of care usual in a locality
Locality rule
Any person who voluntarily assumes the risk of injury from a known danger or hazard
Doctrine of Assumption of Risk
Word tort is derived from the word ____, which means ____
Tortus, wrong
Law of tort is defined by
Prof. William I. Prosser
It is based upon a legal wrong other than breach of contract
Tort
If prove, damages can be awarded
Tort
conduct which fails below a standard established by the law for the protection of others againts an unreasonable risk of harm.
Negligence
is a conduct rather than a state of mind or a social policy, it is behavior that involves an unreasonable risk to others.
Negligence
Based upon a duty to conform to a reasonable standard of conduct and that cofer liability for injury caused a failure to conform to the required standard.
Negligent tort
those torts based upon an intent to bring about a result which will invade the interests of another in a way the law will not sanction.
Intentional tort
The Negligent torts are:
- Malpractice
- Premises liability
- Liability for emergency cases
Intentional torts are:
• 1. DEFAMATION OF CHARACTER
• 2. DISCLOSURE OF CONFIDENTIAL INFORMATION
• 3. INVASION OF PRIVACY
• 4. FRAUD
those torts based neither upon intent nor upon negligence but rather upon the existence of an absolute duty to make safe, the breach of which results in liability.
Strict liability
Refers to the liability of a seller of a product to a consumer who is injured by it, even though the seller had no direct involvement with the injured consumer
Product liability
Tort that bases liability upon the breach of a duty to explain adequately to a patient the course of treatment that is being proposed.
Informed consent
