Intro To Med Juris Flashcards
Philosophy of law, or the science whic treats the principles of positive law and legal relations
Jurisprudence
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
Medical jurisprudence
application of medical and paramedical scientific knowledge to certain branches of law, both civil and criminal.
- deals with death, autopsies, and post-mortem exam
Legal medicine
act or process of making laws affecting the science, art, and practice of medicine.
Medical legislation
Civil wrongs commited by one person against another person or property
Torts
An oral investigation under oath and taken in writing. Purpose is to answer questions related to a specific issue.
Deposition
Person who files the lawsuit, seeking damages for a perceived wrongdoing.
Plaintiff
Person being accusedd of the wrongdoing
Defendant
Civil wrong in which an individual’s reputation has been damaged.
Defamation
Person who has specific knowledge, skills, and experience regarding a specific area.
Expert witness
Provides civil immunity to professionals who stop and render care in an emergency. Care provided must be within the expertise of the individual.
Good Samaritan Law
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.
Interrogatory
Improper performance of professional duties; a failure to meet the standard of care that resulted in harm to another.
Malpractice
Failure to act as an ordinary prudent person; a person is harmed as a result of the failure to act.
Negligence
A legal concept referring to the cause and effect; an injury would not have occurred but for a specific cause.
Proximate cause
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.
Reasonable care
Duties and responsibilities to patient
- Do not deny tx
- Respect px’s right to choose their doctors freely
- Inform and advice px about illness
- Keep in confidence derived info from px
- Recommend necessary diagnostic procedures
- Protect the right of doctors to prescribe, and px to receive any new tx
- Make a report of your findings available to another doctor
- Cont to provide services for accutely ill patient until no longer reqd
- Inform px if a personal moral judgment or religious belief prevents you from recomm a therapy
- Do not undermine doctor-patient relationship
- Refer px to colleague in non-emergency situations where you lack expertise
- Be responsible in determining fees
- Ensure the px is aware of the fees
- Do not refer to institutiond in wc u have a fin interest
Duties and responsib to the profession
- Build reputation based on integrity and ability
- Report unethical or unprof conduct by a colleague
- Ensure px is fully informed about steps where px alleges sexual misconduct by another doc
- Accept respon for your personal health
Duties and respon to colleagues
- Refrain from making comments wc damage a colleague’s reputation
- Report in detail your findings and recomm
- Pass on your knowledge and skills
- Do not emotionally or sexually exploit colleagues
Duties to the society
- Improve standarad and quality of medical services
- Accept a share of the profession’s responsibility to society
- 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
- The only facts contained in a medical certificate should be those which you can personally verify
- When giving evidence, you should assist the court in arriving at a just decision
- When providing scientific information to the public, give the generally held opinions of the profession in a form that is readily understood.
- Do not countenance, condone or participate in the practice of torture or other forms of cruel, inhuman or degrading procedures
Duties to allied health professionals
- 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
- 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
- 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.
- A physician should neither pay commissions to any person who refer cases to or help him in acquiring patients
Main areas of Medical Law (3)
- Law of confidentiality
- Recording of information concerning the patient’s health status and access to that information by both the patient and others - Law of negligence
- 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)
RA 2383 Medical Act of 1959
Separate board for midwives (amended by RA 4224 and RA 5946)
Ignorance of the law excuses no one
Ignorantia legis non excusat
To be a physician, right or privilege?
Privilege bestowed by the State
- necessary to provide laws and provisions covering the granting of that privilege
Can license be reinstated?
Yes, after 2 years and with proof of good conduct
Sources of law (4)
- 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 - Statutory laws
- written, passed by congress - Admin law
- made by admin agencies that have been granted the authority by the state - Common law
- decisions made by judges in court cases or established by rules of custom and tradition
Civil law vs criminal law
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
