Intro To Med Juris

Question 1

Philosophy of law, or the science whic treats the principles of positive law and legal relations

Answer 1

Jurisprudence

Question 2

All laws, rules, doctrines, and principles, legal opinions and decisions of competent authority regarding governance and regulation of the medical practice

• application of law to medicine
• Includes regulatory laws, physician-­‐patient-­‐health institution relationship together with the other paramedical personnel, their rights, duties, and obligations, and their liabilities for failure to comply with the law

Answer 2

Medical jurisprudence

Question 3

application of medical and paramedical scientific knowledge to certain branches of law, both civil and criminal.
- deals with death, autopsies, and post-mortem exam

Answer 3

Legal medicine

Question 4

act or process of making laws affecting the science, art, and practice of medicine.

Answer 4

Medical legislation

Question 5

Civil wrongs commited by one person against another person or property

Answer 5

Torts

Question 6

An oral investigation under oath and taken in writing. Purpose is to answer questions related to a specific issue.

Answer 6

Deposition

Question 7

Person who files the lawsuit, seeking damages for a perceived wrongdoing.

Answer 7

Plaintiff

Question 8

Person being accusedd of the wrongdoing

Answer 8

Defendant

Question 9

Civil wrong in which an individual’s reputation has been damaged.

Answer 9

Defamation

Question 10

Person who has specific knowledge, skills, and experience regarding a specific area.

Answer 10

Expert witness

Question 11

Provides civil immunity to professionals who stop and render care in an emergency. Care provided must be within the expertise of the individual.

Answer 11

Good Samaritan Law

Question 12

Process of discovering the facts regarding a case through a set of written questions exchanged through the attorneys representing the parties involved in the case.

Answer 12

Interrogatory

Question 13

Improper performance of professional duties; a failure to meet the standard of care that resulted in harm to another.

Answer 13

Malpractice

Question 14

Failure to act as an ordinary prudent person; a person is harmed as a result of the failure to act.

Answer 14

Negligence

Question 15

A legal concept referring to the cause and effect; an injury would not have occurred but for a specific cause.

Answer 15

Proximate cause

Question 16

Level of care or skill customarily used by a competent healthcare worker of similar education and experience in caring for an individual in the community in which the person is practicing.

Answer 16

Reasonable care

Question 17

Duties and responsibilities to patient

Answer 17

1. Do not deny tx
2. Respect px’s right to choose their doctors freely
3. Inform and advice px about illness
4. Keep in confidence derived info from px
5. Recommend necessary diagnostic procedures
6. Protect the right of doctors to prescribe, and px to receive any new tx
7. Make a report of your findings available to another doctor
8. Cont to provide services for accutely ill patient until no longer reqd
9. Inform px if a personal moral judgment or religious belief prevents you from recomm a therapy
10. Do not undermine doctor-patient relationship
11. Refer px to colleague in non-emergency situations where you lack expertise
12. Be responsible in determining fees
13. Ensure the px is aware of the fees
14. Do not refer to institutiond in wc u have a fin interest

Question 18

Duties and responsib to the profession

Answer 18

1. Build reputation based on integrity and ability
2. Report unethical or unprof conduct by a colleague
3. Ensure px is fully informed about steps where px alleges sexual misconduct by another doc
4. Accept respon for your personal health

Question 19

Duties and respon to colleagues

Answer 19

1. Refrain from making comments wc damage a colleague’s reputation
2. Report in detail your findings and recomm
3. Pass on your knowledge and skills
4. Do not emotionally or sexually exploit colleagues

Question 20

Duties to the society

Answer 20

1. Improve standarad and quality of medical services
2. Accept a share of the profession’s responsibility to society
3. Use your knowledge and skills to consider issues of resource allocation, but remember that your primary duty is to provide your patient with best available care
4. The only facts contained in a medical certificate should be those which you can personally verify
5. When giving evidence, you should assist the court in arriving at a just decision
6. When providing scientific information to the public, give the generally held opinions of the profession in a form that is readily understood.
7. Do not countenance, condone or participate in the practice of torture or other forms of cruel, inhuman or degrading procedures

Question 21

Duties to allied health professionals

Answer 21

1. Cooperate with and safeguard the interest, reputation and dignity of every pharmacist, dentist and nurse because all of them help in amelioration of human suffering
2. In situation of conflict of interest that involve the best interest of patients, the physician should be transparent in his relations with the organization and enterprises and should remain faithful to his primary duty to his patient
3. Never sign or allow to be published any testimonial certifying the efficacy value and superiority and recommending the use of any drug, medicine, food product, instrument or appliance or any other product related to their practice.
4. A physician should neither pay commissions to any person who refer cases to or help him in acquiring patients

Question 22

Main areas of Medical Law (3)

Answer 22

1. Law of confidentiality
   - Recording of information concerning the patient’s health status and access to that information by both the patient and others
2. Law of negligence
3. Criminal Law
   - consent to treatment (if not obtained, doc will be guilty of assault and battery)
   - death of px in medical care (question medic’s intention)
   - immunity for medical conduct (such as: restraining a px on mental health grounds, performing lawful abortion)

Question 23

RA 2383 Medical Act of 1959

Answer 23

Separate board for midwives (amended by RA 4224 and RA 5946)

Question 24

Ignorance of the law excuses no one

Answer 24

Ignorantia legis non excusat

Question 25

To be a physician, right or privilege?

Answer 25

Privilege bestowed by the State

- necessary to provide laws and provisions covering the granting of that privilege

Question 26

Can license be reinstated?

Answer 26

Yes, after 2 years and with proof of good conduct

Question 27

Sources of law (4)

Answer 27

1. Constitutional law
   - organic fundamental law of nation
   - written or not
   - highest law of the country
   5 PH Consti
   A. 1935-1941 Commonwealth acts
   (1942-1945 Japanese laws)
   B. 1946-1972 Republic acts
   C. 1972 (Martial law) Pres. decrees
   D. 1978-1986 Batas Pambansa
   E. 1986-1987 EO
   1987- now RA
2. Statutory laws
   - written, passed by congress
3. Admin law
   - made by admin agencies that have been granted the authority by the state
4. Common law
   - decisions made by judges in court cases or established by rules of custom and tradition

Question 28

Civil law vs criminal law

Answer 28

Civil law - among civilians; relations between indiv

• Tort law - grievance taken to court to settle the difference using civil law. Civil action done to compensate for personal harm done
• Preponderance of evidence - superior wt of evidence/quantum of evidences needed in civil cases

Criminal law - protect public from harm by punishing indiv whose action threatens the social order of things
- Proof beyond reasonable doubt - moral certainty; quantum of evidence needed in CRIMINAL CASES before regular courts