Legal Med/ Med Juris Flashcards by Baby Lyn Ann Tanalgo

PD requiring MD, hosp, clinics etc to report any persons of serious and less physical injuries to the nearest police authorities

PD 169

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child and youth welfare code

amended by RA 7610 or the anti child-abuse law

PD 603

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most tragic child abuser

ignorant abuser

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when a spouse disappears (plain disap) can remarry after__

if high prob of death ___

4 yrs

2 years

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MD may not attend a civil case if the venue of the trial is__ km

100 km

if criminal case, attend no matter how far

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fine for indirect contempt

30k

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value of human life

50-100k

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how many yrs is life imprisonment (reclusion perpetua)

40 years

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MD should write meds in generic name with optional brand names

Generics act of 1988

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act authorizing the legacy or donation of all or parts of a human body after death

organ donation act of 1991

RA 7170

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RA 9439

illegal detention act

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RA 11332

Mandatory reporting of notifiable diseases and health events of public health concern act

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law that governs the medical practice of medical profession in the PH

medical act of 1959

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right to regulate practice of medicine is based on

police power of the state

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3 elements needed for a contract to be valid

consensual and fiduciary
subject matter
cause or consideration

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inherent rights of physician

to choose patients
limit the practice
determine appropriate management procedures
avail of hospital services

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incidental rights of a physician

right of way
exemption from execution of instruments and library
hold certain public or private events
right to compensation
right to membership in medical societies
right to perform certain services

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fee that is ethical in law but unethical in medicine

contingent fee

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unethical fees

dichotomous fee

straight fee “pakyaw system”

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aka doctrine of respondeat superior “let the master answer”

doctrine of vicarious responsibility

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pathologists, radiologist, and anesthesiologist are employees and at the same time indep contractors

doctrine of ostensible agent

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employees of the hospital are temporarily under the supervision and control of another

borrowed servant doctrine

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head surgeon is responsible for anything that eill go wrong in the 4 corners of the OR

captain of the ship doctrine

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the nature of the wrongful act is suggestive of negligence

doctrine of res ipsa loquitur

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aka doctrine of common fault

doctrine of contributory negligence

MD has superior knowledge over his patient

Doctrine of superior knowledge

anyone who consents to the application of procedure involving certain risks cannot recover damages from those risks

doctrine of assumption of risk

physician who has the last clear chance of avoiding damage or injury to patient but negligently fails to do so is liable

doctrine of last chance

RA 4226 and 6615

attendance to emergency cases in hospitals RA 4226: hosp licensure act- to provide facilities RA 6615- extend medical assistance in emergency cases

court order issued by a judge at a petitioner's request compelling someone to execute a duty he is obligated to complete

writ of mandamus

administers and conducts licensure exams

PRC

determines and prepares contents of the licensure exam

Board of medicine

Anti-hospital detention law

RA 9439

Anti-hospital deposit law

RA 10932

A process requiring a person to appear before trial

Subpoena ad testificandum

A process requiring a person to produce at the trial some documents

Subpoena duces tecum

For renewal of license, how many CPD units

15 units every 3 yrs

If you lose a case to the Board of Medicine, when and where will you apply for appeal?

Commisioner of civil service | Office of the president of the Philippines

Where can a person who failed the PLE 3x take a refresher course?

Any med school with certified refresher course

Reciprocity vs endorsement

Reciprocity: if filipinos are allowed to practice MD in a specific country, allowed din sila to practice here Endorsement: same privileges dapat

principle that when athe court has once laid down a principle of law or interpretation as applied to certain set of facts, it will adhere and apply to all future cases

Principle of Stare Decisis

no of days needed for a law to be implemented along with it being published in the official gazette

15 days

Prison term that should be sent to jail

above 6 yrs (prison mayor and above)

If a body of a victim is found, this type of evidence is?

Autoptic or real evidence

objects or substances which may be a part of the body of the crime

Corpus Delicti

miniature model of a scene or of a human body indicating marks of the various aspects of the things to be preserved

Manikin method

detects measures and graphically displays the voice modulations that we cannot hear when the person is under stress while lying

psychological test evaluator

Truth serum

Hyoscine hydrobromide

When are confessions made under the influence of alcohol admissible to court?

physically capable to recollect the facts that he uttered aven after the effects of the alcohol have disappeared

what would qualify homicide to be upgraded to murder even if both have the intent to kill?

aggravating circumstance

literally refers to a truly virgin woman

Virgo intacta

true vs false physical virgin

true- hymen is intact | false-unruptured hymen, can't admit 2 or more fingers

marital rape

RA 9262

rape of a woman under 12 yo aka

statutory rape

Instances when rap is punishable by death

1. victim becomes insane 2. attempted/ frustrated rape → homicide 3. rape and homicide

Micro chemical exam for seminal fluid

Florence test, Berberio test, Puramen reaction, Acid phosphatase test (conclusive)

Microscopic examination for seminal fluid

Dr. Hankin method (tannin soln) | Ganguli (best in India)

Biological exam of seminal fluid

Precipitin test (from human or not)

excessive desire of men to intercourse

Satyriasis

strong sexual feeling of women

Nymphomania

sexual gratification attained by fingering, fondling with the breast, licking parts of the body

uranism

compulsive desire of a person to rub his sex organ against some part of the body of another

Frottage

char by compulsion to peep to see persons undress or perform sexual activities

Voyeurism

sexual pleasure attained by watching couples undress during sexual activity

Mixoscopia (Scoptophilia)

sexual gratification by watching his own wife performing sexual intercourse with some other man

Troilism

sexual desire toward statues

pygmalionism

fingerprint is formed during

4th month of pregnancy

art and study of recording fingerprints as means of identification

dactylography

art of identification by comparison of fingerprints

dactyloscopy

first tooth that erupts

lower central incisors (6 mo)

first molar, estimated age?

6yo (1st permanent tooth)

12 permanent teeth, estimated age?

9 yo

20 permanent teeth, estimated age?

11 yo

science of handwriting analysis

bibliotics

study of handwriting for the purpose of determining the writer's personality, character and aptitude

graphology

bones used to measure height

femur, humerus, tibia, radius

bones to determine sex

pelvis, skull, sternum, femur, humerus

ligature is applied around the base of the finger with moderate tightness, bloodless zone

Magnus test

injection of solution of flourescin

Icards (Injection)

fingers are spread wide and the finger webs viewed through strong light

Diaphonous (daliri)

no movement of image formed by reflecting artificial light on the water or mercury contained in a saucer and placed on chest or abdomen if resp is taking place

Winslow (water)

rise in body temp in the first 2h of death

post mortem caloricity

one of the most prominent signs of death

progressive fall of body temp

onset and duration of primary flaccidity

immediately after death 3-6h in warm places: 1h 51 min

onset and duration of cadaveric rigidity

3-6h after death temperate: 2-3 d tropical: 24-48h (cold) 18-36h during summer

presumption of death after __ yrs

7 yrs if may twist, 4 yrs for inheritance, 10 yrs pa

infanticide is defined as

killing of a child less than 3 days old

die a natural death without any operation or treatment

Orthonasia

when there is an attempt to extend the lifespan of a person by the use of extraordinary treatments without which the person would have died earlier

Dysthanasia

committed by anyone who shall wound, beat or assault another and the offended party is incapacitated for labor for more than 30 days

serious physical injuries

period of medical attendance >10 days but <30 days

less serious physical injuries

age of contusion based on color changes

red-purple: soon after green: 4-5 days yellow: 7-10 days