Emergencies in Medical Practice and Delegation of a Physician’s Duty

Question 1

an unforeseen combination of circumstances which calls for an immediate action to save the life or limb and to avoid permanent damage.

Answer 1

Emergency

Question 2

“In an ____ there is no emergency.”

Answer 2

epidemic

Question 3

4 EMERGENCIES THAT MAY CONFRONT A

PHYSICIAN

Answer 3

1. Emergency before the commencement of the management procedure
2. Unforeseen conditions discovered
3. Accident which requires emergency treatment.
4. Complications during emergency treatment.

Question 4

The service of a physician is solicited when the patient’s condition is already serious and immediate treatment is necessary.

Answer 4

Emergency before the commencement of the management procedure

Question 5

Patient’s condition is already serious and immediate treatment is necessary.

Answer 5

Emergency before the commencement of the management procedure

Question 6

For example, when treating a patient there is already a certain working diagnosis and upon opening up (surgery) the patient, there is another
condition which calls for emergency.

Answer 6

Unforeseen conditions discovered during the

application of a treatment procedure might require an emergency treatment.

Question 7

An example is when the plaintiff’s esophagus was perforated during a gastroscopy, necessitating the thoracotomy to repair the damage.

Answer 7

Accident occuring during treatment requiring emergency treatment

Question 8

For example, you perform an abdominal operation but after a few days there is internal hemorrhage
due to fragility of tissues. The situation calls for emergency treatment.

Answer 8

Complications which require immediate attention may arise after a medical procedure has been applied.

Question 9

is usually an exception to the observance of the standard ethical conducts

Answer 9

Condition of emergency

Question 10

All government and private hospitals are required to

provide facilities. is under what obligation?

Answer 10

EXTEND MEDICAL ASSISTANCE IN

EMERGENCY CASES

Question 11

the process of deciding which patients should be treated first based on how sick or seriously injured they are.

Answer 11

Triage

Question 12

2 Liablilites under the obligation of hospitals and physicians to extend medical assistance

Answer 12

1. Failure to stabilize patient before transfer to another hospital
2. immediately concluding that a patient’s condition is not an emergency

Question 13

If happend to have abandoned a person in danger or on exhibited abandonement of one’s own victim can be penalized under what?

Answer 13

Arresto mayor

Question 14

Punishment duration of arresto mayor

Answer 14

minimum 1 month and 1 day, maximum of 6 months imprisonment).

Question 15

abandonment of an injured person in a

public place ___ make you liable.

Answer 15

Does not

Question 16

For example, you are driving and ACCIDENTALLY hit a child. Your only obligation is to assist, and you are NOT obliged to pay for medical expenses. However you did not do any of that and decided to enact a hit and run. This is punishable under what law?

Answer 16

Failure to assist another whom he has accidentally injured

Question 17

The law gives the physician the right to act under the theory of implied consent.

Answer 17

STANDARD OF CARE IN EMERGENCIES and EMERGENCY OPERATIONS WITHOUT CONSENT

Question 18

This cannot be strictly applied to physicians when prime consideration is prompt action to apply lifesaving procedure.

Answer 18

Standard of care in emergencies

Question 19

a patient has difficulty breathing. You perform an emergency tracheotomy using a pen. Usually, there is failure to observe aseptic techniques, however, if it is an emergency, it is understandable. This falls under what standard?

Answer 19

Standard of care in emergencies

Question 20

Vehement refusal by the patient who is of age and of sound mind shall prevail even if danger to his life is imminent.

Answer 20

EMERGENCY OPERATIONS WITHOUT CONSENT

Question 21

An exception, though: If the patient is a minor, as the state to give consent

Answer 21

EMERGENCY OPERATIONS WITHOUT CONSENT

Question 22

4 CONDITIONS TO BE SATISFIED IN EMERGENCY OPERATIONS WITHOUT CONSENT

Answer 22

1. Unconscious
2. Necessity
3. Can save a life
4. Consultation with other doctors is recommended

Question 23

3 REFUSAL TO GIVE CONSENT DURING

EMERGENCIES

Answer 23

1. Refusal of patient
2. Refusal of guardian
3. Refusal followed by emergency

Question 24

one in which physician must desist but must try to persuade patient

Answer 24

Refusal of patient

Question 25

If parents or persons “in loco parentis” (in the place of the parents) refuse to give consent (in a lifesaving operation in case the patient is a MINOR),
physician must file court action to compel giving of consent or divest custody.

Answer 25

Refusal of guardian

Question 26

A patient does not give consent, but his condition deteriorates, and he becomes unconscious. No decided cases but physician will have defense of
emergency.

Answer 26

Refusal followed by emergency

Question 27

If during an operation, an accident occurs, or a condition is discovered which requires attention, but such condition is not covered by the consent, the surgeon is justified in extending the operation and be absolved of
liability

Answer 27

EXTENSION OF OPERATIONS IN CASE OF

EMERGENCY

Question 28

For example, you are performing a simple
appendectomy but discover a rupture in the
intestines or any condition that is considered an
emergency, you are allowed to extend the surgery.

Answer 28

EXTENSION OF OPERATIONS IN CASE OF EMERGENCY

Question 29

A surgeon may lawfully perform an extended operation as good surgery demands in cases of emergency without the consent of the patient

Answer 29

Existence of emergency

Question 30

Surgeons cannot extend surgery if the condition ______

Answer 30

does not require immediate action

Question 31

3 who can attend to an emergency

Answer 31

1. Any medically trained person
2. Med students and nurses
3. Physicians

Question 32

Physician treats unconscious patient under the ______ of the patient in the physician-patient contractual relationship

Answer 32

theory of implied consent

Question 33

How to determine the amount that one should pay?

Answer 33

Principle of “quantum meruit”

Question 34

the value of services is dependent upon the amount of medical services rendered.

Answer 34

Principle of “quantum meruit”

Question 35

Certain parts of the management may be delegated to

other persons

Answer 35

Delegation of a physician’s duties

Question 36

A person who was trained to do laparoscopy, when not available, may delegate the duty to a colleague who is also trained in laparoscopy surgery. Is under what?

Answer 36

Delegation of physician’s duties

Question 37

delegating a performance of an

operation without the knowledge and consent of the patient.

Answer 37

Ghost surgery

Question 38

For example, if you are a pediatric gastroenterologist and you want to take a vacation you must refer your patients to a physician who is
also a gastroenterologist

Answer 38

Requisite for a valid delegation

Question 39

4 DUTIES THAT CANNOT BE DELEGATED BY THE

PHYSICIAN

Answer 39

1. Duty is part of the contract
2. Strict personal service to the patient
3. No one is more competent than the physician
4. Patient object to be delegated

Question 40

if ghost surgery is successful is there malpractice?

Answer 40

No

Question 41

Person performing delegated duty is___ if proper care and diligence is exercised

Answer 41

not liable

Question 42

Physician may be held liable if he was ___ when the negligent act occurred or otherwise in a capacity to control the act of the person to whom the delegated duty is assigned.

Answer 42

present

Question 43

During a surgery, the main physician delegated the actual performance of the surgery to an assistant or resident. The physician, who is present in the room, saw the negligent act done by the assistant, but did not do anything. The main physician may be held liable. This is under what?

Answer 43

Liabilities for injuries in negligent performance of the delegated duties