General Consideration Flashcards
By definition, what is the difference between Legal Medicine and Medical Jurisprudence?
Legal Medicine is the application of medical knowledge to the purposes of law and in the administration of justice.
Medical Jurisprudence on the other hand, is the knowledge of law in relation to the practice of medicine.
l What is the difference between medical sciences to paramedical sciences?
Medical sciences deals with forensic medicine while paramedical sciences deals with forensic science.
Who are the fathers of forensic medicine internationally and locally?
Paulus Zacchias is the father of forensic medicine, and Pedro Solis is the Philippine father of forensic medicine.
tWhat is the difference between an ordinary physician and medical jurist with regards to (1) point of view, (2) purpose of examination, (3) trivial injuries.
(1) An ordinary physician sees an injury on the point of view of treatment, while medical jurist sees an injury on the point of view of what caused it.
(2) An ordinary physician purpose to examine is to arrive at a definite diagnosis, while a medical jurists’ purpose to examine is to report or testify in court or investigative body regarding the injuries of the patient.
(3) An ordinary physician won’t pay much attention to trivial injuries, while medical jurists’ must record all injuries no matter how small or minor because they may be proof of the crime committed.
What are the five types of evidence?
(1) Real Evidence
(2) Testimonial Evidence
(3) Documentary Evidence
(4) Experimental Evidence
(5) Physical Evidence
What is a real evidence? What are its limitations?
Real evidence are evidence made known or addressed to the senses of the court. It is not limited to that which is known through the sense of vision but to other senses as well, such as hearing, taste, smell, or touch.
It’s limitations are (1) indecency and impropriety (vagina of rape victim) and (2) repulsive objects or foul smelling objects (persons suffering from communicable disease).
What is a testimonial evidence? A physician may be presented in court either as:
A physician may be commanded to appear before a court to give his testimony.
He may be presented in court as an ordinary witness, who testifies in court on matters he perceived from his patient in the course of physician-patient relationship.
Or he may be presented as an expert witness, who gives his opinion on a set of medical facts on account of his training or experience.
A physician may be presented as an ordinary witness. What is the exception to this?
A physician is not allowed to disclose confidential information to others as regards to matters he perceived from his patient. This is considered as privileged communication.
What is the Physician-Patient Privilege under Section 24(c), Rule 130?
A person authorized to practice medicine, surgery, or obstetrics is not allowed in a civil case, without the patient’s consent, be examined as to any advice or treatment given by him or any information which he may have acquired in attending such patient in a professional capacity, which information was necessary to enable him to act in that capacity, and which would blacken the patient’s reputation.
What is an experimental evidence?
A medical witness may be allowed by the court to confirm his allegation or as a corroborated proof to an opinion he previously stated.
What is a documentary evidence?
A document is an instrument on which is recorded by means of letters, figures, or marks intended to be used for the purpose of recording that matter which may be evidentially used.
What is a physical evidence? What are its types?
These are materials which are found in connection with the investigation and assists the prosecution of a criminal.
What are the types of physical evidence? Briefly explain each.
(1) Corpus Delicti are objects or substances which may be a part of the body of the crime.
(2) Associative Evidence are physical evidence which links a suspect to a crime.
(3) Tracing Evidence are physical evidence which assist the investigator in locating the suspect.
What are examples of methods in preserving evidence?
(1) Photographs
(2) Sketch
(3) Description
(4) Manikin Method
(5) Preservation in the mind of the witness
(6) Special Methods
What are the kinds of evidence necessary for conviction? Explain each briefly.
(1) Direct evidence corresponds to the precise or actual point at issue.
(2) Circumstantial evidence are proofs of facts from which the existence of a particular fact in dispute may be inferred as a necessary or probable consequence.
