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Legal Medicine and Jurisprudence > Legal Medicine, Medical Fees > Flashcards

Legal Medicine, Medical Fees Flashcards

1
Q

[Identify the PD]

Requiring MDs and hospital clinics to report any persons of serious and less serious physical injuries to the nearest police authorities

A

PD 169

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2
Q

[Identify the PD]

defines a child as 18 years and below

A

PD 603

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3
Q

[Identify the PD]

allows former filipino professionals to practice their respective professions in the Philippines without the need to renounce their citizenship

A

PD 541

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4
Q

What is the legal age to marry

A

18 years old

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5
Q

Plain disappearance of spouse, he can remarry after ___ years

A

4 years (from 7 years)

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6
Q

Disappearance of spouse with high probability of death, he can remarry after ____ years

A

2 years (from 4 years)

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7
Q

MD may not attend a CIVIL case if the location is beyond ____ km radius

A

100km (from 50km)

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8
Q

Fine of indirect contempt is ___

A

Php 30,000

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9
Q

Value of human life ____

A

Php 50,000 to 100,000

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10
Q

Life imprisonment is increased to ____-

A

40 years

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11
Q

Rape law was ammended in 1997. It is now considered as a ____

A

public crime

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12
Q

Sodomy is now considered rape through ___

A

sexual asault

even finger penetration

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13
Q

___ act

instructs an MD to write medications and prescription in the generic name. Brand names are just optional

A

Generic Act of 1988

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14
Q

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

A

RA 7170 (organ donation act of 1991)

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15
Q

PD 603 - Child and welfare youth was amended

A

RA 7610

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16
Q

RA ___ states that MDs are guilty unless proven otherwise

A

10932

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17
Q

___ are acts or statements uttered by the offender which makes the working environment hostile or offensive to the offending party

A

Sexual Harassment

Anti-sexual Harassment Act of 1995

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18
Q

RA ____ act prohibiting the detention of patients in hospitals on grounds of nonpayment of hospital bills, patient must sign promissory note

A

RA 9439

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19
Q

RA____ mandatory reporting of notifiable disease and health events of public health concern act

A

RA 11332

patient provide truthful information

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20
Q

[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

A

Simple Contractual Fee

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21
Q

[Medical fee]

working in HMOs

A

Retainer fee

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22
Q

[Medical fee]

working as a company doctor

A

Retainer fee

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23
Q

[Medical fee]

moonlighting MD paid per hour with no regards to the number of patients seen

A

retainer fee

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24
Q

[Medical fee]

measured by space of time

A

retainer fee

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25
Q

[Medical fee]

ffee depends on the success or failure of the treatment instituted

A

contingent fee

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26
Q

[Medical fee]

no fee will be received until a result is attaned

A

Contingent fee

Ethical in law; unethical in med

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27
Q

[Medical fee]

sharing a fee with another physician, not based on services performed

Like referral fee

A

Dichotomous fee (Commission or fee splitting)

Unethical, legal

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28
Q

[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

A

Straight fee

Unethical, Legal

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29
Q

Regulates the practice of medicine

A

Medical Act of 1959

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30
Q

___ branch of law that deals with the licensure and regulation for the practice of medicine

A

Medical jurisprudence

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31
Q

Qualifications of board of medicine

A
  1. Natural born citizen
  2. Duly-registered physician
  3. 10 years in practice
  4. Of good moral character
  5. Not a member of any faculty of any medical school
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32
Q

___ national organization of medical colleges to ensure that the schools are at par with each other

A

APMC

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33
Q

Basic requirements to admission a medical school

A
  1. Completion of bachelors degree and arts
  2. NMAT
  3. Good moral character
34
Q

[Persons coming within the premises of the hospital]

enters the property of another without being granted the privilege to do so

A

Trespasser

35
Q

[Persons coming within the premises of the hospital]

neither a customer, servant of trespasser. Has no contractual relation with the hospital

A

Licensee

36
Q

[Persons coming within the premises of the hospital]

one who is essential to the operation of the hospital (patient, attending physician, voluntary workers)

A

Invitee (Business visitors)

37
Q

[Liabilities of a hospital]

patient slipped from the puddle of water due to a leak in the hospital

A

corporate liability

38
Q

[Liabilities of a hospital]

Moonlighter prescribed wrong medication, moonlighter and hospital should be sued

A

Vicarious liabilities

39
Q

What is the nerve center of the hospital

A

Admission

40
Q

The discretion to admit is vested on the ___

A

management or the governing board

41
Q

What are the justifiable grounds to refuse admission of patients in a hospital?

A
  1. No beds available
  2. Patient needs only non-urgent care
  3. No available accommodation for the clinical service that the patient is suffering
  4. Patient’s condition is contagious and a risk to other patients
42
Q

[Attendance to emergency cases in hospital]

___ act
To provide facilities for medical practice

A

RA 4226

43
Q

[Attendance to emergency cases in hospital]

___ act

requiring government and private hospitals or clinics duly licensed t extend medical assistance in emergency cases

A

RA 6615

44
Q

What are the purpose of maintaining record

A
  1. Document patient’s history, condition and treatment
  2. Continuity care
  3. Record of billing
45
Q

Medical records belong to _____

A

hospital

46
Q

Medical records at the OPD/ER are disposed after ____

A

10 years

47
Q

Medical records at the in-patient are disposed after ____

A

15 years

48
Q

Instances that the contents of the records be disclosed

A
  1. Requested by the patient
  2. Law required such disclosure (birth cert, death cert, cert of immunization, information regarding communicable diseases
  3. Court order
49
Q

[Medical Witness]

___ only allowed to state the facts which come to his own perception

need not be skilled on the line he is testifying

A

Ordinary Witness

50
Q

[Medical Witness]

Allowed to give inference, deduction, conclusion, or opinion from the facts presented to him

A

Expert witness

51
Q

What are the requisites to become an ordinary witness?

A
  1. Has organ and power of perception
  2. Perceptions gathered by his organs of sense can be imparted to others
  3. He does not fall in any of the exception or disqualifications mentioned
52
Q

Persons NOT disqualified from becoming a witness

A
  1. Parties or other persons interested in the outcome of the case
  2. Persons who have not been convicted of a crime
  3. Persons on account of his opinion on matters of religious belief
53
Q

Persons who CANNOT be a witness on account of Physical Disqualifications

A
  1. Those who are unsound mind

2. children

54
Q

[Types of Privileged communication]

communication not actionable even if its author acted in bad fatith

A

absolute

55
Q

What are the scope of privilege?

A
  1. Oral testimony by MD in court
  2. Affidavits, certiicates
  3. Hospital records
56
Q

[Factum probandum vs Factum probans]

ultimate fact to be proven or the proposition to be established

A

Factum probandum

57
Q

[Factum probandum vs Factum probans]

evidentiary facts by which the factum probandum wil be proved

A

Factum probans

58
Q

Hearsay evidence are not admissible in court

A
  1. Hard to determine whether the original declarant is irresponsible
  2. Depreciation of the truth
  3. Opportunity for the commission of fraud
  4. tendency of such evidence to protract the legal inquiries and the substitution of weaker for stronger proofs
59
Q

What are the grounds for admissibility of dying declaration?

A
  1. Necessity

2. Trustworthiness

60
Q

___ to cause a witness to appear and give testimony, commanding him to lay aside all pretenses and excuses and appear before a court

A

Subpoena

61
Q

Failure to obey a subpeona is a ground for ____ contempt

A

indirect

Contempt = being disobedient

62
Q

A contempt is indirect when it occurs ____-

A

out o the presence of the court

It is direct if it occurs under the court’s own eye

63
Q

Subpeona ad testificandum refers to ___

A

statement or testimony; MD is required to appear before a trial or investigation

64
Q

Subpoena duces tecum refers to ____

A

Documents;

MD is required to produce some documents which are under his control or possession that are pertinent to the issues of the controversy

65
Q

Subpoena duces tectum et ad testificandum refer to ____

A

Testify and produce documents

66
Q

____ court order issued by a judge at a petitioner’s request compelling someone to execute a duty he is legally obliged to complete

A

Writ of mandamus

67
Q

____ 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

A

Writ of Certiorari

68
Q

What is the minimum age requirement to practice medicine?

A

21 years old

69
Q

What is the age requirement to take the preliminary exam?

A

19 years old

70
Q

How many members are needed to consider it to be a group practice?

A

3

71
Q

[Human transplantation]

Animal donor to human receipient

A

HETEROtransplantation

72
Q

[Human transplantation]

Unrelated human donor to human recipient

A

HOMEOtransplantation

73
Q

[Human transplantation]

Donor and recepient are twins

A

ISOtransplantation

74
Q

[Human transplantation]

patient is donor , recipient is himself

A

autotransplantation

75
Q

[Tissue Transplantation]

same person, different part of the body

A

Autograft

76
Q

[Tissue Transplantation]

genetically identical person

A

Isogaft

77
Q

[Tissue Transplantation]

genetically non-identical but same species

A

Allograft

78
Q

[Tissue Transplantation]

Between different species

A

Xenograft

79
Q

[Ordinary Physician/Medical Jurist]

Sees an injury or disease on the point of view of treatment;

purpose is to arrive a definitive diagnosis

A

Ordinary physician

80
Q

[Ordinary Physician/Medical Jurist]

Purpose is to include those bodily lesions; seen an injury or disease on the point of view of cause

A

Medical Jurist

81
Q

Signboards shall not exceed ___ size

A

1x2m

Legal Medicine and Jurisprudence (26 decks)

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