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Optometry Jurisprudence > CHAPTER 6-10 > Flashcards

CHAPTER 6-10 Flashcards

1
Q

Rights of Patients:

A
  1. Right to give consent to diagnostic and treatment procedures
  2. Right to religious belief
  3. Right of privacy
  4. Right to disclosure of information
  5. Right to confidential information
  6. Right to choose his physician
  7. Right to treatment
  8. Right to refuse necessary treatment
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2
Q

When the right of confidential information is provided for in the code of ethics

A

Confidential information

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3
Q

Information provided for by law

A

Privileged communication

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4
Q

Relates to the right of the patient to assert the right to keep the subject matter of the relationship from being testified in court

A

Privileged communication

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5
Q

Give patient adequate legal protection

A

Confidential information

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6
Q

RA that requires all government and private hospitals and clinic to render immediate emergency medical assistance

A

RA 6615

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7
Q

Complaints filed against optometrist may either be

A

Administrative in nature
Criminal
Civil

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8
Q

Administrative cases are filed with the

A

Board of Optometry and PRC

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9
Q

Criminal and civil cases are filed with the

A

Courts of Law

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10
Q

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

A

Revised Penal Code, Article 365. Imprudence and Negligence

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11
Q

Any person who, contrary to law, willfully negligently causes damaged to another, shall indemnify the latter for the same

A

Civil Code, Article 20

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12
Q

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

A

Civil Code, Article 2176

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13
Q

motu proprio

A

On his own impulse

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14
Q

prima facie

A

first impression lasts

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15
Q

in pari delicto

A

In equal fault

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16
Q

Rights of respondents:

A

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

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17
Q

Signifies entire want of care which raises the presumption of conscious indifferences to consequences

A

Gross negligence

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18
Q

The want or absence knowledge or lack of information

A

Ignorance

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19
Q

lack of ability, lack of fitness, or lack of adequate expertise to discharge a required duty or a specific act.

A

Incompetence

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20
Q

Failure in the exercise

A

Malpractice

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21
Q

Elements of Malpractice:

A

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

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22
Q

Principle of helping others

A

Beneficence

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23
Q

Doing no harm

A

Non-maleficence

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24
Q

Respect for individual rights to make own choices

A

Autonomy

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25
Q

Fair distribution of goods and services

A

Justice

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26
Q

4 D’s of professional malpractice

A

Duty
Dereliction
Damage
Direct

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27
Q

The duty of a practitioner to his patient

A

Duty

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28
Q

The practitioner failed to perform his duty to his patient

A

Dereliction

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29
Q

As a consequence of the practitioner’s failure to perform his duty

A

Damage

30
Q

The negligence of the practitioner is the direct cause of damage

A

Direct

31
Q

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

A

Reckless imprudence

32
Q

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

A

Simple imprudence

33
Q

indicates a deficiency of perception or when the wrongful may be avoided by paying proper attention

A

Negligence

34
Q

A public and malicious imputation of a crime

A

Defamation

35
Q

Written defamation is called

A

Libel

36
Q

Oral defamation is called

A

Slander

37
Q

A legal wrongdoing independent of contract

A

Tort

38
Q

Occurs if the optometrist agrees to effect a cure or obtain a specific result on the patient but fails to do so

A

Breach of contract

39
Q

responsibility of a person, who is not negligent for the wrongful conduct or negligence of another

A

Doctrine of vicarious liability

40
Q

Involves persons who are not actually employed but are acting as contractors for a particular service

A

Doctrine of ostensible agent

41
Q

The fact that the application of a treatment or management procedure resulted badly

A

Bad result rule

42
Q

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

A

Antecedent

43
Q

If the patient fails to follow the doctor’s warning or instruction

A

Contemporaneous

44
Q

If the patient fails to comply with doctor’s advice or instruction

A

Subsequent

45
Q

The loss a person already sufferred

A

Daño emergante

46
Q

Failure to receive the benefit which would have pertained to him

A

Lucro cesante

47
Q

A natural, inevitable and necessary consequence of negligence in question

A

General damages

48
Q

Damages not ordinarily anticipated by the defendant

A

Special damages

49
Q

Includes physical suffering, mental anguish, fright, serious anxiety and similar injury

A

Moral damages

50
Q

A person who has some direct first-hand knowledge of the “facts”

A

Ordinary witness

51
Q

A process to cause a witness to appear and give testimony

A

Subpeona

52
Q

Kinds of subpeona:

A

Subpeona ad testificandum
Subpoena duces tecum
Subpeona duces tecum et ad testficandum

53
Q

A process requiring a person to appear before a trial or hearing

A

Subpoena ad testificandum

54
Q

A process which requires a person to produce at a trial some documents or papers which are under his control

A

Subpoena duces tecum

55
Q

An order or process commanding a person to appear before a trial or hearing

A

Subpeona duces tecum et ad testificandum

56
Q

Standard of care measured by the degree of care usual in a locality

A

Locality rule

57
Q

Any person who voluntarily assumes the risk of injury from a known danger or hazard

A

Doctrine of Assumption of Risk

58
Q

Word tort is derived from the word ____, which means ____

A

Tortus, wrong

59
Q

Law of tort is defined by

A

Prof. William I. Prosser

60
Q

It is based upon a legal wrong other than breach of contract

A

Tort

61
Q

If prove, damages can be awarded

A

Tort

62
Q

conduct which fails below a standard established by the law for the protection of others againts an unreasonable risk of harm.

A

Negligence

63
Q

is a conduct rather than a state of mind or a social policy, it is behavior that involves an unreasonable risk to others.

A

Negligence

64
Q

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.

A

Negligent tort

65
Q

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.

A

Intentional tort

66
Q

The Negligent torts are:

A
  1. Malpractice
  2. Premises liability
  3. Liability for emergency cases
67
Q

Intentional torts are:

A

• 1. DEFAMATION OF CHARACTER

• 2. DISCLOSURE OF CONFIDENTIAL INFORMATION

• 3. INVASION OF PRIVACY

• 4. FRAUD

68
Q

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.

A

Strict liability

69
Q

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

A

Product liability

70
Q

Tort that bases liability upon the breach of a duty to explain adequately to a patient the course of treatment that is being proposed.

A

Informed consent

Optometry Jurisprudence (2 decks)

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