FINALSS Flashcards
is the knowledge of the origin and
interpretation of laws
JURISPRUDENCE
Originated from the Latin word Jurisprudentia.
Juris = Law
Prudentia (prudence) = Knowledge
Legal nomenclature relevant to medical practice
nomenclature
medical practice
the act process or an instance of naming
a system or set of terms or symbols especially in a particular science,
discipline, or art
Nomenclature
learned profession that is mastered by graduate training in a medical school
and that is devoted to preventing or alleviating or curing diseases and injuries
the practice of medicine
MEDICAL PRACTICE
Rule of conduct pronounced by a controlling authority
which may be enforced.
A rule of civil conduct prescribed by the supreme power
in a state commanding what is right & prohibiting what
is wrong.
Law
Branches of the Government
Legislative
Executive
Judicial
Source of Law
Constitution
Legislature
Judiciary
Administrative
The supreme law of the land,
guiding legal interpretation and
ensuring the rule of law.
• Encompasses the presidential
decrees and republic acts that
outline fundamental rights and
governance.
Constitution
• is
authorized to make laws, alter,
and repeal them through the
power vested in the Philippine
Congress.
• Congress, responsible for
creating laws and statutes.
Legislature
including the
Department of Justice, Supreme
Court, and Court of Appeals, interprets
laws and resolves disputes.
• While judges do not create laws in
the traditional sense, they interpret
existing laws, and their rulings can
set legal precedents that influence
future legal interpretations
Judiciary
led by the
president, creates regulations and
rules through executive orders or
administrative agencies to
implement and enforce laws.
Executive / Administrative
Classification of law
Public law
Private/civil law
The state is directly involved
• Concerned with the legal
relationships and disputes between
individual and the state.
• Example:
Criminal Law
Administrative law
Public law
The state is indirectly involved
• Concerned with the legal
relationship and disputes between
individuals
• Example:
Contract law
Tort law
Private/ Civil Law
Legal Aspect
Criminal Law
Administrative law
Deals with behavior that is or
can be construed as an offense
against the public, society, or the
state—even if the immediate
victim is an individual.
• Beyond a reasonable doubt
• Examples are murder, assault,
theft, and drunken driving..
Criminal law
Deals with the rules, regulations,
and procedures established by
government agencies.
• It governs how these agencies
operate and make decisions,
ensuring that they act within their
authority and follow due process.
• Ground for revocation of license
Administrative Law
Levels of Criminal Act
Felony
Misdemeanor
Serious criminal offense that is
typically punishable by
imprisonment for more than one-
year, significant fines, or even the
death penalty in some jurisdictions.
Felony
Less serious criminal offense
• Typically punishable by fines,
probation, community service, or
imprisonment for less than one
year, usually in a local jail rather
than a state prison.
Misdemeanor
A private (civil) injustice or injury.
Tort
Torts are classified into three main
categories:
intentional torts,
negligence,
and strict liability.
Occurs when the defendant
knowingly intended to cause harm
to someone else. This can be in the
form of physical harm as well as
emotional distress.
Intentional tort
- is the illegal
restriction of an individual’s freedom.
False imprisonment
– to threaten harm
Assault
– the carrying out of the threat
- more physical, and instead of
threatening violent acts, you are
committing them.
Battery
- disclosing
confidential information to unauthorized
individuals
Invasion of privacy
- A false statement made
about another person that damages
their reputation.
Defamation
– spoken defamation
Slander
– written defamation
Libel
Negligence occurs when someone
fails to exercise reasonable care,
resulting in unintended harm to
another person
Unintentionally Tort/ Negligence
FOUR ELEMENTS OF
NEGLIGENCE
Duty
Breach
Injury Sustained
Cause
– what should have
done
DUTY
– deviation from duty
BREACH
- result of breach
CAUSE
Refers to the failure to give
reasonable care
• It involves the lack of action out of
inaction or ignorance
Negligence
Cause of negligence:
Carelessness
Ignorance
Lack of skills
A wrongful, illegal act by a
physician, lawyer, or other
professional that injures a
patient or client.
Malpractice
an unlawful or wrongful act, especially by a person in authority or in a
professional role. This involves intentional misconduct or a deliberate
act that is clearly illegal.
Malfeasance
a person performs a lawful act, but does so in an improper or negligent
manner, resulting in harm. Unlike malfeasance, the act itself is not
illegal, but it is performed incorrectly or carelessly.
Misfeasance
failure to take any action when there is a duty to act, or when action is
required by law. It involves the omission of a necessary duty, which
leads to harm or damage.
Nonfeasance
severe form of negligence that
involves a reckless disregard for the
safety and well-being of others.
- acts that demonstrate reckless
disregard of life or limb
Gross negligence
the injured party is found to
have contributed to their own
injury or harm through their own
careless or negligent actions.
• The injured party’s own
negligence must be a direct contributing factor to the injury.
Contributory negligence
Four Conditions needed to establish malpractice
Establishment of standard care
Demonstration that standard of care was violated by the
radiographer
Demonstration that loss or injury was caused by radiographer
who is being sued
Loss or injury actually occurred and is a result of the negligence
