Lay-gal Flashcards
PD 169
requiringMD,hospital sclinics,etc.to report anypersonsofseriousandlessseriousphysicalinjuriestothenearestpoliceauthorities
Failures to report (PD 169)
Fined 1000-3000 , prison term of between 1-3 years, revocation of license
PD 603
Child and Youth welfare
RA7610, ortheanti
RA 10932
MD IS GUILTY UNLESS PROVEN OTHERWISE
Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act
RA 11332
Guidance of human conduct,discovered by rational thinking of man.
Natural law
E.g law of gravity
Followed to make one be closer to his Creator
Divine Law
Example:the 10 Commandment
Enforceable by the dictate of one’s conscience to be the right conduct.
MORAL LAW
Criminal Law
International Law
Political Law
PUBLIC LAW
CIVIL LAW
Commercial Law
PRIVATE LAW
concerned with the relationship between individuals
CIVIL LAW
rights of property and relations of persons engaged in commerce
Commercia Law
right to regulate the practice of medicine is based on?
POLICE POWER OF THE STATE
Not laws but is Used grounds for CIVIL cases
Doctrines
Responsibility of a person who is not negligent,for the wrongful conductor negligence of another.
DOCTRINES OF VICARIOUS LIABILITY
doctrine of respondeat superior“let the master answer”
DOCTRINES OF VICARIOUS LIABILITY
The radiologist performed a radiation therapy however the patient suffered severe burns on the skin.The hospital is also liable because radiologists,although consultant doctors, are also employees of hospital.
Doctrine of ostensible Agent
Employees of the hospital are sometimes temporarily under the supervision and control of another.
BORROWED SERVANT DOCTRINE
Consultant borrows the service of the residents and interns and any mistakes made by latter,the consultant is the one who will be liable
BORROWED SERVANT DOCTRINE
The head surgeon is responsible for anything that will go wrong in the four corners of the OR
CAPTAIN OF THE SHIP DOCTRINE
Ramos vs. CA(court of appeals)1985
CAPTAIN OF THE SHIP DOCTRINE
THE THING SPEAKS FOR ITSELF”
Red ipsa loquitor
Instances where the Doctrine of Res Ipsa Loquitur does not apply:
If Doctrine of calculated risk is applicable
Bad result rule”
Honest error in judgment as to the appropriate procedure
Mistakes in the diagnosis
DOCTRINE OF COMMON FAULT
Doctrine of contributory negligence
PT undergone I&D on abscess but failed to comply to medications resulting to greater damage
Anyone who consents to the application of a procedure involving certain risks cannot recover damages for injury resulting from inherent or ordinary risks in the procedure
Doctrine of assumption risk
Doctrine of foreseeacibility
Ex is a Child fall from Bed due to unraised side rails
If a servant(employee)was injured on account of the negligence of his fellow servant(employee),the employer cannot be held liable
Fellow servant doctrine
If a Physician who went to rescue a victim of an accident was injured,theoriginal wrong doer must be held liable for such injury.
Rescue doctrine
Consists of voluntarily,but without malice,doing or failing to do an act from which material damage results by reason of inexcusable lack of precaution on the part of the person performing or failing to perform such act,taking into consideration his employment or occupation,degree of intelligence,physical condition and other circumstances regarding persons,time and place.
RECKLESS IMPRUDENCE
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
Evidence perceived by the senses sight,hearing,taste,smell and touch
Limitations: Indecency and Impropriety;RepulsiveobjectsandthoseOffensiveto sensibilities
AUTOPTIC OR REAL EVIDENCE
Example:The body of the victim found dumped in a river
between physician and patient(he is not allowed to disclose those information to others as regards to matter she perceived from his patient during the relationship)
Privilege of communication
original document or writing Example: original copy of birth certificate
Best evidence rule
substitutionary evidence which becomes admissible when the best evidence or original document is not available
Secondary evidence
parole or oral evidence is not a dmissible to vary,modify or contradict best evidence
Parole evidence rule
objects or substances which may be apart of the body of the crime. Proves that the crime existed.
CORPUS DELICTI
Ex:body of the victim,prohibited drugs,dagger with bloodstains or fingerprints,stolen motor vehicles
link the suspect to the crime.
ASSOCIATIVE evidence
Ex:weapon with fingerprints,garments with hair of the suspect
may assist the investigator in locating the suspect
Tracing Evidence:.
Ex:aircraftorship manifest and cellphone trackers
Detects measures and graphically displays the voice modulations that we cannot hear when the person is under stress while lying
PSYCHOLOGICAL TEST EVALUATOR (PSE)
Murder punishment
punishable by Reclusion Perpetua(life imprisonment with a maximum of 40years)
What would qualify HOMICIDE to be upgraded to MURDER even if both have the INTENT TO KILL?
Aggravating circumstance
State of not knowing the nature of sexual life and not having experienced sexual relation• Applies to children below the age of puberty and whose sex organs and secondary sex characters are not yet developed
Moral Virginity
Condition of a woman who permits any form of sexual liberties as long as they abstain from rupturing the hymen by sexual act.
DEMI VIRGIN
Literally the term refers to a truly virgin woman
There are no structural changes in her organ to infer previous sexual intercourse
Virgo Intacta
• laceration or rupture of the hymen as the result of sexual intercourse
DEFLORATION
All other lacerations of the hymen which are not caused by sexual act is not defloration
Laceration beyond the vaginal canal
COMPOUND/COMPLICATED
SUPERFICIAL -Does not go beyond one half (½)of the width of the hymen but not reaching the base
COMPLETE -Reaches beyond the base
EXAMINATION FOR SEMINAL FLUID AND SPERMATOZOA > positive result is merely presumptive > specific for spermatic fluid > very reliable > conclusive of the presence of semen
Microchemical Examinations of semen
Florence> positive result is merely presumptive
Berberio> specific for spermatic fluid
Puramen Reaction> very reliable
AcidP hosphatase test> conclusive of the presence of semen
A dried spermatic fluid stain on the slide stained with hematoxylin or methylene blue and counterstained with eosin
Dr.Hankin method
Ganguli method:the best way to stain spermatozoa in India
test whether the semen is of human origin or not.
Precipitintest
