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LEGAL MEDICINE & MEDICAL JURISPRUDENCE (3RD YEAR) > MEDICAL JURISPRUDENCE > Flashcards

MEDICAL JURISPRUDENCE Flashcards

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USMLE® Step 1 flashcards
1
Q

What is the supreme law of the land that all laws and professions must follow?

A

The Constitution.

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2
Q

Which type of law imposes punishment for violations and is enforced by the government?

A

Criminal Law (Penal Laws).

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3
Q

List the five objectives of criminal law.

A

Retribution, Deterrence, Incapacitation, Rehabilitation, Restitution.

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4
Q

What is the difference between criminal law and civil law?

A

Criminal law is enforced by the government; civil law is imposed by private parties.

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5
Q

What does labor law govern?

A

The relationship between employers and employees.

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6
Q

Name the two divisions of labor law.

A

Labor Standards Law and Labor Relations Law.

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7
Q

What powers do administrative laws grant?

A

Quasi-legislative (rule-making) and quasi-judicial (administrative adjudicatory) powers.

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8
Q

What does civil service law regulate?

A

Public service, including merits, fitness, eligibility, and promotion.

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9
Q

What governs business and commerce?

A

Commercial Law (Business Law).

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10
Q

What are judge-made laws called?

A

Case Law.

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11
Q

Name an example of constitutional law.

A

1987 Constitution (e.g., due process, equal protection, right to life).

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12
Q

Name an example of criminal law.

A

Revised Penal Code (e.g., homicide through negligence, physical injuries, rape with homicide).

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13
Q

Name an example of civil law.

A

Civil Code (e.g., obligations and contracts, torts and damages, will and succession).

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14
Q

Name the two types of criminal negligence.

A

Reckless imprudence and simple imprudence/negligence.

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15
Q

What is required to prove negligence?

A

Duty, breach, damage, and cause.

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16
Q

What is proximate causation?

A

Determines whether the physician’s actions directly caused harm to the patient.

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17
Q

Name the three types of torts.

A

Intentional torts, strict liability, negligence.

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18
Q

List the five types of justice related to obtaining compensation.

A

Corrective, deterrence, insurance, economic, and social justice.

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19
Q

What is the primary principle of the Code of Ethics Article I?

A

Respect for life, respect for person, social justice, beneficence, and ‘Primum Non Nocere’ (do no harm).

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20
Q

What is the primary objective of the practice of medicine according to Article II?

A

Service to mankind.

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21
Q

According to Article III, what is the foremost responsibility of the physician?

A

To respect patient autonomy and do no harm.

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22
Q

When is a physician not obligated to treat a victim?

A

If there is a risk to the physician’s safety.

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23
Q

How many CPD units are required to renew a PRC license in 2024?

A

15 units.

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24
Q

What is the ‘No Balance Billing’ policy?

A

Patients in government hospitals or PhilHealth wards should not have out-of-pocket expenses.

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25
Q

According to the Code of Ethics, is fee-splitting ethical?

A

No, it is unethical.

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26
Q

How should physicians interact with allied health professionals?

A

With teamwork, respect, and propriety.

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27
Q

Can physicians participate in marketing strategies like rebates or raffles?

A

No, it is unethical.

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28
Q

What are the potential penalties under Article X of the Code of Ethics?

A

Reprimand, suspension, or revocation of license.

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29
Q

What are the six underlying principles of the Mexico City Principles?

A
  1. Healthcare and Patient Focus 2. Integrity 3. Independence 4. Legitimate Intent 5. Transparency 6. Accountability
30
Q

Why was the Mexico City Principle established?

A

It was established to address concerns about pharmaceutical companies’ spending on physicians, which contributed to perceptions of high medicine costs.

31
Q

What does ‘Healthcare and Patient Focus’ mean under the Mexico City Principles?

A

It means that everything done is intended to benefit patients.

32
Q

What restrictions apply to symposia and congresses under the Mexico City Principles?

A
  1. Modest meals only 2. No entertainment incurring expenses 3. Conducive venue (not extravagant) 4. No family sponsorship unless they are HCPs 5. Economy class travel only (unless medically necessary) 6. Obligation to transfer knowledge post-event.
33
Q

Are gifts allowed under the Mexico City Principles?

A

No, but modest gifts related to the HCP’s work are allowed.

34
Q

What is the primary regulatory agency for medical education in the Philippines?

A

The Commission on Higher Education (CHED).

35
Q

What are the three basic categories of patient rights?

A
  1. Right to autonomy and self-determination 2. Right to privacy 3. Right to receive treatment.
36
Q

What are the components of informed consent?

A
  1. Competence 2. Disclosure 3. Understanding 4. Voluntariness 5. Consent
37
Q

What rights are included in the basic rights of a patient?

A

Right to information, Right to choose and make decisions, Right to emergency treatment, Right to care with dignity, Right to privacy, Right to continuity of care, Right to speedy resolution of complaints.

38
Q

What law governs the practice of medicine in the Philippines?

A

The Medical Act of 1959 (RA 2382).

39
Q

What are the qualifications to take the medical licensure exam in the Philippines?

A
  1. Filipino citizen or reciprocal country 2. Good moral character 3. Sound mind 4. Not convicted of moral turpitude 5. MD degree holder 6. Completed internship.
40
Q

What exemptions exist for practicing medicine under the Medical Act of 1959?

A
  1. Medical students under supervision 2. Registered dentists practicing dentistry 3. Registered masseurs/physiotherapists with prescriptions 4. Optometrists fitting lenses 5. Emergency services in absence of registered professionals 6. Household remedies under pharmacy laws 7. Clinical psychologists under physician supervision.
41
Q

What is the purpose of the PRC Modernization Act of 2000 (RA 8981)?

A

To regulate the practice of professions, monitor conditions affecting them, and adopt measures to enhance professional, ethical, and technical standards.

42
Q

Why are pioneer medicines often expensive?

A

Due to patents and the high cost of research and trials required for development.

43
Q

What are the grounds for reprimand, suspension, or revocation of a medical license?

A
  1. Refusal to attend to a patient in danger of death
  2. Insanity
  3. Gross negligence or incompetence leading to injury/death
  4. Criminal abortion assistance
  5. Addiction (alcohol or drugs)
  6. Fraudulent acquisition of license
  7. False advertisements
  8. Maligning another physician without cause.
44
Q

What is considered the unauthorized practice of medicine?

A

Using MD after one’s name without a license, diagnosing/treating without registration, and practicing telemedicine without seeing the patient physically.

45
Q

What does the Association of Philippine Medical Colleges oversee?

A

They ensure member schools offer quality medical education and manage the internship matching program.

46
Q

What is required for admission to medical school in the Philippines?

A
  1. Bachelor’s degree 2. NMAT score above cutoff 3. Certificate of eligibility 4. Good moral character certificate.
47
Q

What are the patient’s rights concerning informed consent?

A

The right to withhold or grant consent, make advance medical decisions, and self-determine treatment options (e.g., DNR, organ transplantation).

48
Q

What must HCPs do after being sponsored to attend overseas medical events?

A

They must transfer knowledge to their peers through echo lectures or similar activities.

49
Q

What is the primary objective of the ASEAN Mutual Recognition Arrangement (MRA)?

A

To facilitate mobility of medical practitioners within ASEAN, allowing reciprocity in medical practice.

50
Q

In what year was medicine able to comply with the ASEAN MRA?

A

2008

51
Q

Which was the first course to comply with the ASEAN MRA?

A

Architecture

52
Q

What does the PQF Diagram Levels 6-8 recommendation focus on?

A

Adding a column on professional qualifications standards for expertise acquired through practice in the field.

53
Q

Why was K to 12 introduced in the Philippines?

A

To align with the education systems of other countries that already implemented K to 12.

54
Q

At what level is a BS graduate placed in the PQF?

A

Level 5

55
Q

At what PQF level is a graduate of medicine placed?

A

Level 7

56
Q

When does a physician reach PQF Level 8?

A

After undergoing specialty training, passing the specialty board exam, and acquiring diplomate or fellow status.

57
Q

What is the Philippine Regulation Board of Medicine (PRBOM) Resolution No. 25 Series of 2015 about?

A

It requires submission to ASEAN Joint Coordinating Committee on Medical Practitioners (AJCCM) of data on post-graduate qualifications and accredited training institutions.

58
Q

What does the PQF provide for?

A

Eight qualification levels, national standards, training competencies, and quality assurance for education and training.

59
Q

What are the rights inherent in the practice of medicine?

A

Right to choose patients, limit practice, determine procedures, and avail hospital services.

60
Q

Is the practice of medicine a right or a privilege?

A

A privilege that can be revoked or suspended.

61
Q

What are the rights incidental to the practice of medicine?

A

Right of way during emergencies, right to be paid, right to join medical societies, and right to hold certain positions.

62
Q

What does the Constitution define?

A

The fundamental law that establishes government principles, organization, and sovereign powers.

63
Q

What are the four elements of a state?

A

People, territory, government, and sovereignty.

64
Q

What are three steps in establishing a physician-patient contractual relationship?

A
  1. Physician offers availability, 2. Patient makes an offer by arriving, 3. Physician accepts by treating the patient.
65
Q

What is an implied contract in a medical setting?

A

An agreement formed when a patient visits a physician’s clinic for treatment.

66
Q

What are the essential elements of consent?

A

Concurrence of offer and acceptance, legal capacity, and voluntary decision-making.

67
Q

What is the difference between an onerous contract and a remuneratory contract?

A

An onerous contract involves a promise of service in exchange for another, while a remuneratory contract compensates for a benefit already received.

68
Q

What is a contingent fee?

A

A payment dependent on the outcome of a case or service.

69
Q

When does a physician-patient relationship not exist?

A

During pre-employment exams, insurance eligibility exams, court appointments, or casual questioning.

70
Q

What is vicarious liability in a hospital context?

A

Holding a hospital liable for the negligence of its employees or agents.

71
Q

When is a government hospital immune from suit?

A

Due to the doctrine of state immunity; only the physician or appointing power can be sued.

72
Q

What is required for a dying declaration to be valid?

A

The declarant must be aware of impending death, competent, and the declaration must address the cause and circumstances of death.

LEGAL MEDICINE & MEDICAL JURISPRUDENCE (3RD YEAR) (3 decks)

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