Medical Ethics Rights of Physicians Flashcards
Article that states its service to mankind… and reward or financial gain is a subordinate consideration
Article 1- general principle
Article that states the Duties of Physicians to their Patients
Article 2
Article that states the Duties of Physicians to the Community
Article 3
Article that states the duties of Physicians to their Colleagues and to the Profession
Article 4
Article that states the Duties of Physicians to Allied Professionals
Article 5
7 Duties of Physicians to their Patients
(CHAANCE)
- Confidentiality
- Honesty and Faith
- Assist in dilemmas
- Attending to patients
- No expensive fees
- Confidentiality
- Emergency First aid
6 Duties of Physicians to the Community
- Cooperate with proper authorities
- Help administer Justice
- Protect from Quacks
- Not be a Dummy
- Adverts and Solicits are not allowed
- Serve the poor
5 Duties of Physicians to their Colleagues and to the Profession
- Harmonious relationship
- Grant free service
- Observance of punctuality
- Not divulge different opinions
- Should not take over patients
1 Duties of Physicians to Allied Professionals
Safeguard their dignity and reputation
2 RIGHTS OF PHYSICIANS
- INHERENT RIGHTS
2. INCIDENTAL RIGHTS
4 INHERENT RIGHTS
- To choose patients
- To limit practice of his profession
- To determine appropriate management procedures
- To avail of hospital services
6 incidental rights
- Right of way in emergency
- Right to use library and instruments
- Right to hold offices
- Right to perform certain services
- Right to compensation
- Right to membership in medical societies
Rights generally enjoyed by every citizen is dictated by what law?
Art. III, Bill of Rights, 1987 Philippine Constitution
exceptions in the right to choose a patient
In cases of emergency;
patient in danger of death
Article stating that “…free to choose whom he will serve…always respond to any request for his assistance in an emergency…”
Art. II, Sec. 2, Code of Ethics
Article stating that “ In cases of emergency, a physician should administer at least first aid treatment and then refer to a more qualified and competent physician…”
Art. II, Sec. 3, Code of Ethics
Section stating that “…Although the ethical rule obliges a physician to attend to an emergency, his failure to respond to it may not make him liable if in so doing, there is a risk to his life
Sec. 24, No. 12, Medical Act of 1959
Refusal of a physician to attend to a patient in danger of death is_______ if there is a risk to the physician’s life
not a sufficient ground for revocation or suspension of his registration
4 RIGHT TO LIMIT HIS MEDICAL PRACTICE
- in his field of specialty
- Private clinic
- Within a political geographical boundary
- Certain days of the week/hours of the day
6 RIGHT TO LIMIT HIS MEDICAL PRACTICE
- Certain class or group of people
- Dictate of conscience
- Retirement
- Account of ignorance
- Societal ethics
- medical society, law, contract
Under what doctrine where the patient just follows orders or instructions and usually places himself in the command and control of the physician.
Doctrine of Superior Knowledge
Ambulances and vehicles of physicians are given due preference in the use of the road.
RIGHT OF WAY WHILE RESPONDING TO THE CALL OF EMERGENCY
Rule wherein the RIGHT OF EXEMPTION FROM EXECUTION OF (INSTRUMENTS AND LIBRARY) is applied for physicians
Rule 39, Sec. 12, Rules of
Court: Property exempt from execution
Membership in medical societies can be
voluntary or involuntary
Article stating that doctors “…should willingly render gratuitous (service to a colleague), to his wife and minor children or even parents provided the latter are aged and being supported by the colleague…”
Art. IV, Sec. 2, Code of Ethics
Doctrine stating that No one must enrich himself at the expense of another. “service rendered service paid”
DOCTRINE OF UNJUSTIFIED ENRICHMENT
5 KINDS OF MEDICAL FEES
- Simple contractual fee
- Retainer fee
- Contingent fee
- Dichotomous fee
- Straight fee
A fee specifically stating the value of such medical service, either orally or in writing
Simple Contractual Fee
Fee that is measured by the space of time rendered to a patient
Retainer Fee
Fee that depends upon the success or failure of the treatment instituted
Contingent Fee
A certain fee where the physician may require the services of a person who may act as agent to solicit patients, and (the agent will share in the medical fee); considered as unethical
Dichotomous Fee (Fee splitting)
Article that states “…solicitation of patient, directly or indirectly, through solicitors or agents, is unethical”
Art. III, Sec. 5, Code of Ethics
Type of fee where the amount tendered by the patient to the physician, the latter shall be responsible for the payment of hospital bill, lab fees,
medicines and other incidental expenses
Straight Fee
This kind of fee is unethical because the amount wagers with the unforeseen contingencies.
Straight fee
2 METHODS OF COLLECTION OF PAYMENTS
FOR MEDICAL SERVICES
- Friendly or extrajudicial
2. Judicial
Method in payment if the party responsible to pay the medical fee fails to pay the physician after repeated demands either orally or in writing
Judicial Methods
2 Friendly or extrajudicial methods of paying can be done through
a. Billing
b. Bill Collection Agency
FACTS TO BE PROVEN IN COURT IN AN ACTION FOR THE RECOVERY OF THE MEDICAL FEE:
- Qualified to render service
- Performed the service
- fee is reasonable
- Defendant is the one who didn’t pay
8 FACTORS INFLUENCING THE AMOUNT OF MEDICAL FEES (G2K)
- Nature and character of the services rendered
- Labor , time and trouble involved
- Importance and responsibility in the case
- Professional character and social standing of the physician
- The results secured
- Financial ability of the patient
- Purchasing power of the peso
- Local Customs
The obligation to pay devolves on the patient himself provided he is of____
legal age, of sound mind and has the capacity to enter into a contractual relation.
If the patient dies or becomes legally incapacitated to pay,
medical fee shall be made from the following persons in order:
- Spouse
- Descendants
- Ascendants
- Brothers and sisters
INSTANCES WHERE THE PHYSICIAN CANNOT RECOVER PROFESSIONAL FEES:
- Gratuitous service
- Government/charity hospitals
- Private charitable institutions
- Physician Waiver
- Fail to comply with Express contract to cure
7 DEFENSES BY THE PARTY OBLIGED TO PAY
WHEN SUED IN COURT:
- Unreasonable charges
- No medical service rendered
- Defendant not legal in paying
- No consent rendered
- Service is gratuitous
- Physician not qualified to practice
- Defending party is not financially capable
8 Rights of patients
- Right to consent
- Right to religious belief
- Right of privacy
- Right to disclose info
- Right to confidentiality
- Right to choose physician
- Right of treatment
- Right to refuse necessary treatments
2 Obligations of the Physician to inform the patient:
- Diagnosis
2. General Nature of the procedure
4 General nature of the contemplated procedure
- Risk involved
- Chance of success
- Potential danger
- Alternative methods of treatment
3 Bases of Consent:
- Between physician and patient
- Patient’s right to self determination.
- Contractual relationship.
3 Requisites of a valid consent:
- informed or enlighten consent.
- Given voluntarily.
- The subject matter must be legal.
Forms of Consent:
- Expressed consent
2. Implied consent
3 Scope of the Consent:
- General Consent (unlimited authority)
- Limited Consent
- Non liability clause
Quantum of Information Necessary to Form the Basis of a Valid Consent (G2K)
- nature of the condition
- nature of proposed treatment
- Possible alternatives
- Risk involved
- Chances of success/failure
Persons who can give consent (G2K)
- patients
- Parents (If minor)
- Grandparents (If minor)
- Eldest sibling of legal age and not disqualified by law (If minor)
- Another person having substitute parental authority
Instances when Consent is not Necessary:
- In cases of emergency, there is an “implied consent”
- When the law made it compulsory for everyone to
submit to the procedure (in the interest of public
Article stating that “ No law shall be made respecting an (establishment of religion) or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.”
Art. III, Sec. 5, Philippine Constitution
The right of the patient to be left alone and be free from unwanted publicity
RIGHT OF PRIVACY
Exception to the right of privacy
The right of privacy of a person may be invaded by order of the court:
Section that states that “In an action in which the (mental or physical condition) of a party is in controversy, the court in which the action is pending may in its discretion order him to submit to a physical or mental examination by a physician”
Sec. 1, Rule 18 Rules of Court
Article which states that “failure to disclose facts , when there is duty to reveal them, as when the (parties are bound by confidential relations , constitutes fraud).”
Art. 1339, Civil Code
provided by the Code of
Ethics
Confidential information
Communication provided for by law
Privileged communication
Types of communication
- Statutory Privileged Communication
2. Professional Confidential Information
Some instances where confidentiality is not applicable:
- Serve best interest of justice
- Serve public health
- When the patient waives its confidentiality
Section which states that “…all government and private hospital or clinics duly licensed to operate are required to render immediate medical assistance and to provide facilities and medicine within its capabilities to patients in emergency cases who are in danger of dying and/or suffered serious physical injuries…”
Sec. 1, 1st par, RA 6615
Article which states that “In cases of emergency, wherein immediate action is necessary, a physician should administer at least (first aid treatment and refer the patient) to a more qualified and competent physician if the case does
not fall within his particular line.”
Art. II, Sec. 3, Code of Medical Ethics
