Handout Flashcards
Law that governs the Medical Practice of Medical profession in the Philippines.
Medical Act of 1959, as amended.
This law prescribes the rights and obligations of person in their daily relation with each other and with society
Substantive law
Concerned with relationship between individuals.
Civil law
Refers to a principle that in professional-malpractice suit, the standard of care or physician’s management of the patient should be based on the standard practice in the locality.
Locality rule
Physician-patient relationship based on mutual trust and confidence.
Fiduciary
Type of MD-Patient relationship where patient is unconscious, seeks help and ready and willing to cooperate.
Guidance-Cooperation Relation
*MD is in position of TRUST.
Patient is unable to contribute activity. What ype of MD-Patient relationship?
Activity-Passivity Relation
e.g. Patient is unconscious
If the patient died or became legally incapacitated to do so, the claim for medical fee shall be made from whom?
In order:
- Spouse
- Descendants
- Ascendants
- Brothers and Sisters
Needed for conviction for Civil liabilities.
Preponderance of evidence
Penalty for Administrative violation.
Reprimand, Suspension, Revocation
*Reinstatement: after 2 years
Adequate compensation only for pecuniary loss suffered by a person as he has duly proved.
Actual or Compensatory Damages
Consists in 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
Arises from failure to furnish accommodations & facilities necessary to carry out its purpose.
Corporate liabilities
The moonlighter prescribed the wrong medication wherein the patient developed severe hypersensitivity reaction. If the patient sues the moonlighter, what type of liability will be charged?
Vicarious Liabilities
A principle that when court has once laid down a principle of law or interpretation as applied to a certain set of facts, it will adhere to and apply to all future cases where the facts are substantially the same.
Principle of Stare Decisis
If a body of a victim is found this type of evidence is?
Autoptic or Real Evidence
*evidences perceived by senses
Type of physical evidence that link the suspect to the crime.
Associative Evidence
e.g. fingerprints, garments with hair of the suspect
Type of physical evidence that proves the crime existed.
Corpus Delicti
e.g.: body of the victim, prohibited drugs, dagger with blood stains of fingerprints, stolen motor vehicles
The proof of fact or facts from which, taken either singly or collectively, the existence of a particular fact in dispute may be inferred as a necessary or probable consequence.
Circumstantial Evidence
Utilizes the administration of anesthetic or hypnotics drugs prior to interrogation.
Narcoanalysis
*sodium amytal or sodium pentothal
Acts which tend to excite lust; conduct which is wanton, lewd, voluptuous or lewd emotion.
Act of Lasciviousness
When does fingerprints formed?
4th month of pregnancy
Hardest substance in human body and may outlast all other tissued during putrefaction.
Dental Enamel
Most prominent signs of death.
Progressive fall of body temperature
Ligature is applied around the base of a finger with moderate tightness.
Magnus test
Signs of Death
In order:
1) Cessation of Heat and Circulation
2) Cessation of Respiration
3) Cooling of the Body (Algor Mortis)
4) Insensibility of the Body & Loss of Power to Move
5) Changes in the Skin
6) Change about the Eye
Lower and upper extremities flexed and the hands clenched because the flexor muscles are stronger than the extensors.
Pugilistic Attitude
Occurs in most extensive and most dependent portions of the body; color is uniform but the color may become greenish at the start of decomposition.
Cadaveric Lividity
Prominence of the superficial veins with reddish discoloration during the process of decomposition, which develops on both flanks of the abdomen, root of the neck and shoulder.
Marbolization
This is the softening of the tissues when in fluid medium in the absence of putrefactive microorganism which is frequently observed in the death of fetus in the utero.
Maceration
Dehydration of the body which results in shivering and preservation of the body.
Mummification
This is a condition wherein the fatty tissues of the body are transformed to soft brownish-white.
Saponification
Vessels used in embalming.
Femoral and Carotid arteries
The deceased buried may be raised or disinterred upon the lawful order of the proper authorities.
Exhumation
Larring or stunning of the brain characterized by more or less complete suspension of its functions as a result of injury to the head.
Cerebral Concussion
Tear of the skin or underlying tissues due to forcible contact with a blunt instrument.
Lacerated wound
- tear of the skin is rugged
- borders are contused and swollen
- bleeding is not extensive
- healing process is delayed and scarring is common
Produced by sharp-edged (cutting) or sharp linear edges of the instrument.
Incised wound
- edge are clean cut
- wound is straight
- profuse hemorrhage
- gaping is usually present
- shallow near and deeper in the middle
If unburned powder grains are present, it will result to production of dark red or orange brown spots on the prepared paper.
Walker’s test
Test is not conclusive as to the presence of gunpowder.
Dermal Nitrate Test
Involuntary spasmodic painful contraction of muscles essentially due to dehydration and excessive of chlorides by sweating.
Heat cramps
Symptoms:
- onset is usually sudden
- accompanied by headache, dizziness, and vomiting
- face is flushed, pupils dilated with tinnitus & abdominal pain
- amount of chloride excretion is diminished
Caused by the application of heat or chemicals substances to the external or internal surfaces of the body.
Thermal burns (dry heat)
Due to heart failure primarily caused by heat and precipitated by muscular exertion and warm clothing.
Heat Exhaustion
Symptoms:
- sudden attack of syncope, general body weakness, giddiness and staggering movement
- face is pale, skin is cold
- pupils are dilated, pulse weak and thready
- respiration is sighing
Sudden onset that may be followed by premonitory symptoms of headache, malaise, giddiness and weakness of the legs; temp rises suddenly and skin becomes dry
Heat Stroke
- face is congested
- pulse if full and pounding
- respiration is irregular
- pupils are usually contracted
- death occurs in 1/2-1 hr after onset
Splitting of tissues of the body, like the skin, due to exposure before or after death of the body.
Heat Rupture
Caused by the closing of the external respiratory orifices, either by use of the hand or by some other means.
Smothering
Average time required for death in drowning.
2-5 minutes
Sudden heart attack i the middle of dinner due to asphyxia by choking.
Cafe coronary
Quantitative determination of the chloride content of the blood in the right and left ventricle of the heart.
Gettler’s Test
Bronze color of the head and neck of a person who dies in water during process of decomposition.
Tete de negri
The murderer kneels or sits on the chest, and with his hands closes the nostrils and mouth of the victim.
Burking
Civil status of a child in relation to its father or mother.
Filiation
Those who were born in lawful wedlock within 300 days after dissolution of marriage.
Legitimate Child
A married woman, had an illicit affair with B. The child has been acknowledged by B to be his own.
Natural Children by Presumption
The accused is not criminally responsible if his act was a product of mental disease or mental defect.
Durham Rule
Classical classification of mental deficiency.
Idiot: IQ is 0 to 20
Imbecile: IQ is 21 to 40
Feeble minded: IQ is 41 to 70
Moral defective: derived of moral sense and often shows mental deficiency
A sedative drug is smaller dose and hypnotic in a bigger dose.
Methalqualone
