Legal Medicine, Medical Fees Flashcards
[Identify the PD]
Requiring MDs and hospital clinics to report any persons of serious and less serious physical injuries to the nearest police authorities
PD 169
[Identify the PD]
defines a child as 18 years and below
PD 603
[Identify the PD]
allows former filipino professionals to practice their respective professions in the Philippines without the need to renounce their citizenship
PD 541
What is the legal age to marry
18 years old
Plain disappearance of spouse, he can remarry after ___ years
4 years (from 7 years)
Disappearance of spouse with high probability of death, he can remarry after ____ years
2 years (from 4 years)
MD may not attend a CIVIL case if the location is beyond ____ km radius
100km (from 50km)
Fine of indirect contempt is ___
Php 30,000
Value of human life ____
Php 50,000 to 100,000
Life imprisonment is increased to ____-
40 years
Rape law was ammended in 1997. It is now considered as a ____
public crime
Sodomy is now considered rape through ___
sexual asault
even finger penetration
___ act
instructs an MD to write medications and prescription in the generic name. Brand names are just optional
Generic Act of 1988
____ act authorizing the legacy or donation of all parts of a human body after death
RA 7170 (organ donation act of 1991)
PD 603 - Child and welfare youth was amended
RA 7610
RA ___ states that MDs are guilty unless proven otherwise
10932
___ are acts or statements uttered by the offender which makes the working environment hostile or offensive to the offending party
Sexual Harassment
Anti-sexual Harassment Act of 1995
RA ____ act prohibiting the detention of patients in hospitals on grounds of nonpayment of hospital bills, patient must sign promissory note
RA 9439
RA____ mandatory reporting of notifiable disease and health events of public health concern act
RA 11332
patient provide truthful information
[Medical fee]
specifically states the value of such service, stipulate the nature of procedure, implied that there is a fee to the MD in exchange for his/her services
Simple Contractual Fee
[Medical fee]
working in HMOs
Retainer fee
[Medical fee]
working as a company doctor
Retainer fee
[Medical fee]
moonlighting MD paid per hour with no regards to the number of patients seen
retainer fee
[Medical fee]
measured by space of time
retainer fee
[Medical fee]
ffee depends on the success or failure of the treatment instituted
contingent fee
[Medical fee]
no fee will be received until a result is attaned
Contingent fee
Ethical in law; unethical in med
[Medical fee]
sharing a fee with another physician, not based on services performed
Like referral fee
Dichotomous fee (Commission or fee splitting)
Unethical, legal
[Medical fee]
the amount of medical fee is dependent on what will be the remaining balance when all of the other expenses have been paid
Straight fee
Unethical, Legal
Regulates the practice of medicine
Medical Act of 1959
___ branch of law that deals with the licensure and regulation for the practice of medicine
Medical jurisprudence
Qualifications of board of medicine
- Natural born citizen
- Duly-registered physician
- 10 years in practice
- Of good moral character
- Not a member of any faculty of any medical school
___ national organization of medical colleges to ensure that the schools are at par with each other
APMC
Basic requirements to admission a medical school
- Completion of bachelors degree and arts
- NMAT
- Good moral character
[Persons coming within the premises of the hospital]
enters the property of another without being granted the privilege to do so
Trespasser
[Persons coming within the premises of the hospital]
neither a customer, servant of trespasser. Has no contractual relation with the hospital
Licensee
[Persons coming within the premises of the hospital]
one who is essential to the operation of the hospital (patient, attending physician, voluntary workers)
Invitee (Business visitors)
[Liabilities of a hospital]
patient slipped from the puddle of water due to a leak in the hospital
corporate liability
[Liabilities of a hospital]
Moonlighter prescribed wrong medication, moonlighter and hospital should be sued
Vicarious liabilities
What is the nerve center of the hospital
Admission
The discretion to admit is vested on the ___
management or the governing board
What are the justifiable grounds to refuse admission of patients in a hospital?
- No beds available
- Patient needs only non-urgent care
- No available accommodation for the clinical service that the patient is suffering
- Patient’s condition is contagious and a risk to other patients
[Attendance to emergency cases in hospital]
___ act
To provide facilities for medical practice
RA 4226
[Attendance to emergency cases in hospital]
___ act
requiring government and private hospitals or clinics duly licensed t extend medical assistance in emergency cases
RA 6615
What are the purpose of maintaining record
- Document patient’s history, condition and treatment
- Continuity care
- Record of billing
Medical records belong to _____
hospital
Medical records at the OPD/ER are disposed after ____
10 years
Medical records at the in-patient are disposed after ____
15 years
Instances that the contents of the records be disclosed
- Requested by the patient
- Law required such disclosure (birth cert, death cert, cert of immunization, information regarding communicable diseases
- Court order
[Medical Witness]
___ only allowed to state the facts which come to his own perception
need not be skilled on the line he is testifying
Ordinary Witness
[Medical Witness]
Allowed to give inference, deduction, conclusion, or opinion from the facts presented to him
Expert witness
What are the requisites to become an ordinary witness?
- Has organ and power of perception
- Perceptions gathered by his organs of sense can be imparted to others
- He does not fall in any of the exception or disqualifications mentioned
Persons NOT disqualified from becoming a witness
- Parties or other persons interested in the outcome of the case
- Persons who have not been convicted of a crime
- Persons on account of his opinion on matters of religious belief
Persons who CANNOT be a witness on account of Physical Disqualifications
- Those who are unsound mind
2. children
[Types of Privileged communication]
communication not actionable even if its author acted in bad fatith
absolute
What are the scope of privilege?
- Oral testimony by MD in court
- Affidavits, certiicates
- Hospital records
[Factum probandum vs Factum probans]
ultimate fact to be proven or the proposition to be established
Factum probandum
[Factum probandum vs Factum probans]
evidentiary facts by which the factum probandum wil be proved
Factum probans
Hearsay evidence are not admissible in court
- Hard to determine whether the original declarant is irresponsible
- Depreciation of the truth
- Opportunity for the commission of fraud
- tendency of such evidence to protract the legal inquiries and the substitution of weaker for stronger proofs
What are the grounds for admissibility of dying declaration?
- Necessity
2. Trustworthiness
___ to cause a witness to appear and give testimony, commanding him to lay aside all pretenses and excuses and appear before a court
Subpoena
Failure to obey a subpeona is a ground for ____ contempt
indirect
Contempt = being disobedient
A contempt is indirect when it occurs ____-
out o the presence of the court
It is direct if it occurs under the court’s own eye
Subpeona ad testificandum refers to ___
statement or testimony; MD is required to appear before a trial or investigation
Subpoena duces tecum refers to ____
Documents;
MD is required to produce some documents which are under his control or possession that are pertinent to the issues of the controversy
Subpoena duces tectum et ad testificandum refer to ____
Testify and produce documents
____ court order issued by a judge at a petitioner’s request compelling someone to execute a duty he is legally obliged to complete
Writ of mandamus
____ writ order of a higher court to a lower court to send all the documents in a case to it so the higher court can review the lower court’s decision
Writ of Certiorari
What is the minimum age requirement to practice medicine?
21 years old
What is the age requirement to take the preliminary exam?
19 years old
How many members are needed to consider it to be a group practice?
3
[Human transplantation]
Animal donor to human receipient
HETEROtransplantation
[Human transplantation]
Unrelated human donor to human recipient
HOMEOtransplantation
[Human transplantation]
Donor and recepient are twins
ISOtransplantation
[Human transplantation]
patient is donor , recipient is himself
autotransplantation
[Tissue Transplantation]
same person, different part of the body
Autograft
[Tissue Transplantation]
genetically identical person
Isogaft
[Tissue Transplantation]
genetically non-identical but same species
Allograft
[Tissue Transplantation]
Between different species
Xenograft
[Ordinary Physician/Medical Jurist]
Sees an injury or disease on the point of view of treatment;
purpose is to arrive a definitive diagnosis
Ordinary physician
[Ordinary Physician/Medical Jurist]
Purpose is to include those bodily lesions; seen an injury or disease on the point of view of cause
Medical Jurist
Signboards shall not exceed ___ size
1x2m
