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