Legal Med/ Med Juris Flashcards
PD requiring MD, hosp, clinics etc to report any persons of serious and less physical injuries to the nearest police authorities
PD 169
child and youth welfare code
amended by RA 7610 or the anti child-abuse law
PD 603
most tragic child abuser
ignorant abuser
when a spouse disappears (plain disap) can remarry after__
if high prob of death ___
4 yrs
2 years
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
fine for indirect contempt
30k
value of human life
50-100k
how many yrs is life imprisonment (reclusion perpetua)
40 years
MD should write meds in generic name with optional brand names
Generics act of 1988
act authorizing the legacy or donation of all or parts of a human body after death
organ donation act of 1991
RA 7170
RA 9439
illegal detention act
RA 11332
Mandatory reporting of notifiable diseases and health events of public health concern act
law that governs the medical practice of medical profession in the PH
medical act of 1959
right to regulate practice of medicine is based on
police power of the state
3 elements needed for a contract to be valid
consensual and fiduciary
subject matter
cause or consideration
inherent rights of physician
- to choose patients
- limit the practice
- determine appropriate management procedures
- avail of hospital services
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
fee that is ethical in law but unethical in medicine
contingent fee
unethical fees
dichotomous fee
straight fee “pakyaw system”
aka doctrine of respondeat superior “let the master answer”
doctrine of vicarious responsibility
pathologists, radiologist, and anesthesiologist are employees and at the same time indep contractors
doctrine of ostensible agent
employees of the hospital are temporarily under the supervision and control of another
borrowed servant doctrine
head surgeon is responsible for anything that eill go wrong in the 4 corners of the OR
captain of the ship doctrine
the nature of the wrongful act is suggestive of negligence
doctrine of res ipsa loquitur
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