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Medical jurisprudence > Medical Ethics Rights of Physicians > Flashcards

Medical Ethics Rights of Physicians Flashcards

1
Q

Article that states its service to mankind… and reward or financial gain is a subordinate consideration

A

Article 1- general principle

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2
Q

Article that states the Duties of Physicians to their Patients

A

Article 2

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3
Q

Article that states the Duties of Physicians to the Community

A

Article 3

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4
Q

Article that states the duties of Physicians to their Colleagues and to the Profession

A

Article 4

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5
Q

Article that states the Duties of Physicians to Allied Professionals

A

Article 5

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6
Q

7 Duties of Physicians to their Patients

A

(CHAANCE)

  1. Confidentiality
  2. Honesty and Faith
  3. Assist in dilemmas
  4. Attending to patients
  5. No expensive fees
  6. Confidentiality
  7. Emergency First aid
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7
Q

6 Duties of Physicians to the Community

A
  1. Cooperate with proper authorities
  2. Help administer Justice
  3. Protect from Quacks
  4. Not be a Dummy
  5. Adverts and Solicits are not allowed
  6. Serve the poor
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8
Q

5 Duties of Physicians to their Colleagues and to the Profession

A
  1. Harmonious relationship
  2. Grant free service
  3. Observance of punctuality
  4. Not divulge different opinions
  5. Should not take over patients
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9
Q

1 Duties of Physicians to Allied Professionals

A

Safeguard their dignity and reputation

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10
Q

2 RIGHTS OF PHYSICIANS

A
  1. INHERENT RIGHTS

2. INCIDENTAL RIGHTS

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11
Q

4 INHERENT RIGHTS

A
  1. To choose patients
  2. To limit practice of his profession
  3. To determine appropriate management procedures
  4. To avail of hospital services
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12
Q

6 incidental rights

A
  1. Right of way in emergency
  2. Right to use library and instruments
  3. Right to hold offices
  4. Right to perform certain services
  5. Right to compensation
  6. Right to membership in medical societies
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13
Q

Rights generally enjoyed by every citizen is dictated by what law?

A

Art. III, Bill of Rights, 1987 Philippine Constitution

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14
Q

exceptions in the right to choose a patient

A

In cases of emergency;

patient in danger of death

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15
Q

Article stating that “…free to choose whom he will serve…always respond to any request for his assistance in an emergency…”

A

Art. II, Sec. 2, Code of Ethics

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16
Q

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…”

A

Art. II, Sec. 3, Code of Ethics

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17
Q

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

A

Sec. 24, No. 12, Medical Act of 1959

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18
Q

Refusal of a physician to attend to a patient in danger of death is_______ if there is a risk to the physician’s life

A

not a sufficient ground for revocation or suspension of his registration

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19
Q

4 RIGHT TO LIMIT HIS MEDICAL PRACTICE

A
  1. in his field of specialty
  2. Private clinic
  3. Within a political geographical boundary
  4. Certain days of the week/hours of the day
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20
Q

6 RIGHT TO LIMIT HIS MEDICAL PRACTICE

A
  1. Certain class or group of people
  2. Dictate of conscience
  3. Retirement
  4. Account of ignorance
  5. Societal ethics
  6. medical society, law, contract
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21
Q

Under what doctrine where the patient just follows orders or instructions and usually places himself in the command and control of the physician.

A

Doctrine of Superior Knowledge

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22
Q

Ambulances and vehicles of physicians are given due preference in the use of the road.

A

RIGHT OF WAY WHILE RESPONDING TO THE CALL OF EMERGENCY

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23
Q

Rule wherein the RIGHT OF EXEMPTION FROM EXECUTION OF (INSTRUMENTS AND LIBRARY) is applied for physicians

A

Rule 39, Sec. 12, Rules of

Court: Property exempt from execution

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24
Q

Membership in medical societies can be

A

voluntary or involuntary

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25
Q

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…”

A

Art. IV, Sec. 2, Code of Ethics

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26
Q

Doctrine stating that No one must enrich himself at the expense of another. “service rendered service paid”

A

DOCTRINE OF UNJUSTIFIED ENRICHMENT

27
Q

5 KINDS OF MEDICAL FEES

A
  1. Simple contractual fee
  2. Retainer fee
  3. Contingent fee
  4. Dichotomous fee
  5. Straight fee
28
Q

A fee specifically stating the value of such medical service, either orally or in writing

A

Simple Contractual Fee

29
Q

Fee that is measured by the space of time rendered to a patient

A

Retainer Fee

30
Q

Fee that depends upon the success or failure of the treatment instituted

A

Contingent Fee

31
Q

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

A

Dichotomous Fee (Fee splitting)

32
Q

Article that states “…solicitation of patient, directly or indirectly, through solicitors or agents, is unethical”

A

Art. III, Sec. 5, Code of Ethics

33
Q

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

A

Straight Fee

34
Q

This kind of fee is unethical because the amount wagers with the unforeseen contingencies.

A

Straight fee

35
Q

2 METHODS OF COLLECTION OF PAYMENTS

FOR MEDICAL SERVICES

A
  1. Friendly or extrajudicial

2. Judicial

36
Q

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

A

Judicial Methods

37
Q

2 Friendly or extrajudicial methods of paying can be done through

A

a. Billing

b. Bill Collection Agency

38
Q

FACTS TO BE PROVEN IN COURT IN AN ACTION FOR THE RECOVERY OF THE MEDICAL FEE:

A
  1. Qualified to render service
  2. Performed the service
  3. fee is reasonable
  4. Defendant is the one who didn’t pay
39
Q

8 FACTORS INFLUENCING THE AMOUNT OF MEDICAL FEES (G2K)

A
  1. Nature and character of the services rendered
  2. Labor , time and trouble involved
  3. Importance and responsibility in the case
  4. Professional character and social standing of the physician
  5. The results secured
  6. Financial ability of the patient
  7. Purchasing power of the peso
  8. Local Customs
40
Q

The obligation to pay devolves on the patient himself provided he is of____

A

legal age, of sound mind and has the capacity to enter into a contractual relation.

41
Q

If the patient dies or becomes legally incapacitated to pay,

medical fee shall be made from the following persons in order:

A
  1. Spouse
  2. Descendants
  3. Ascendants
  4. Brothers and sisters
42
Q

INSTANCES WHERE THE PHYSICIAN CANNOT RECOVER PROFESSIONAL FEES:

A
  1. Gratuitous service
  2. Government/charity hospitals
  3. Private charitable institutions
  4. Physician Waiver
  5. Fail to comply with Express contract to cure
43
Q

7 DEFENSES BY THE PARTY OBLIGED TO PAY

WHEN SUED IN COURT:

A
  1. Unreasonable charges
  2. No medical service rendered
  3. Defendant not legal in paying
  4. No consent rendered
  5. Service is gratuitous
  6. Physician not qualified to practice
  7. Defending party is not financially capable
44
Q

8 Rights of patients

A
  1. Right to consent
  2. Right to religious belief
  3. Right of privacy
  4. Right to disclose info
  5. Right to confidentiality
  6. Right to choose physician
  7. Right of treatment
  8. Right to refuse necessary treatments
45
Q

2 Obligations of the Physician to inform the patient:

A
  1. Diagnosis

2. General Nature of the procedure

46
Q

4 General nature of the contemplated procedure

A
  1. Risk involved
  2. Chance of success
  3. Potential danger
  4. Alternative methods of treatment
47
Q

3 Bases of Consent:

A
  1. Between physician and patient
  2. Patient’s right to self determination.
  3. Contractual relationship.
48
Q

3 Requisites of a valid consent:

A
  1. informed or enlighten consent.
  2. Given voluntarily.
  3. The subject matter must be legal.
49
Q

Forms of Consent:

A
  1. Expressed consent

2. Implied consent

50
Q

3 Scope of the Consent:

A
  1. General Consent (unlimited authority)
  2. Limited Consent
  3. Non liability clause
51
Q

Quantum of Information Necessary to Form the Basis of a Valid Consent (G2K)

A
  1. nature of the condition
  2. nature of proposed treatment
  3. Possible alternatives
  4. Risk involved
  5. Chances of success/failure
52
Q

Persons who can give consent (G2K)

A
  1. patients
  2. Parents (If minor)
  3. Grandparents (If minor)
  4. Eldest sibling of legal age and not disqualified by law (If minor)
  5. Another person having substitute parental authority
53
Q

Instances when Consent is not Necessary:

A
  1. In cases of emergency, there is an “implied consent”
  2. When the law made it compulsory for everyone to
    submit to the procedure (in the interest of public
54
Q

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.”

A

Art. III, Sec. 5, Philippine Constitution

55
Q

The right of the patient to be left alone and be free from unwanted publicity

A

RIGHT OF PRIVACY

56
Q

Exception to the right of privacy

A

The right of privacy of a person may be invaded by order of the court:

57
Q

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”

A

Sec. 1, Rule 18 Rules of Court

58
Q

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).”

A

Art. 1339, Civil Code

59
Q

provided by the Code of

Ethics

A

Confidential information

60
Q

Communication provided for by law

A

Privileged communication

61
Q

Types of communication

A
  1. Statutory Privileged Communication

2. Professional Confidential Information

62
Q

Some instances where confidentiality is not applicable:

A
  1. Serve best interest of justice
  2. Serve public health
  3. When the patient waives its confidentiality
63
Q

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…”

A

Sec. 1, 1st par, RA 6615

64
Q

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.”

A

Art. II, Sec. 3, Code of Medical Ethics

Medical jurisprudence (14 decks)

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