Medical Jurisprudence Flashcards
What is the law that governs the Medical Practice of Medical Profession in the Phil?
Medical Act of 1959
or Physician’s Act of 1998
RA 2382
This law prescribes the rights and obligations of person in their daily relation to each other and with society
law on property and property rights
Substantive law
concerned with mechanical rules that govern the keans by which substantive rights and means are enforced
e.g. law on criminal procedure
Procedural (adjective or remedial) law
rules and regulation which regulate the relationship between state and the subject. concerned with the state in its political and sovereign capacity.
ex. criminal law, international law, political law
Public Law
private matters that do not concern the public at large. regulates the relationships of individuals with each other. concerns with definition, regulation and enforcement of right in his relation with other persons. ex civil law, commercial law
Private law
What is the power of the state to promulgate rules and regulations for the interest of welfare, health, morale and safety?
Police power of the state
Is membership to the PMA mandatory?
No. but there are certain privileges in being a member
Refers to a principle that in professional malpractice suit, the standard of care or physician’s management of a patient should be based on the standard practice of the locality
locality rule
Nature of the physician-patient relationship which describes it as a meeting of 2 minds.
Contractual
Nature of the physician-patient relationship which describes it as based on mutual consent of both MD and patient
consensual
Nature of the physician-patient relationship which describes it as based on mutual trust and confidence
fiduciary
Form of md-patient contractual relationship where the nature of the emdical service to be given in stated orally or in writing
Expressed contact
Form of md-patient contractual relationship where the existence of the contract can be inferred from the acts of the contracting parties
Implied contract
What is the legal age in the philippines?
in solis, 21
as of 1988, 18
What are the 3 liabilities of a physician
criminal, civil, and administrative
What are the basis for the Criminal, Civil, and Administrative liabilities of physicians?
Choices:
a. Revised penal code, Article 365
b. Civil code 19, 20, 21, 2176
c. Medical act of 1959
a - criminal
b - civil
c - administrative
Needed for conviction in criminal, civil, and administrative cases.
Match:
a. preponderance of evidence
b. substantial evidence
c. guilt beyond reasonable doubt
Criminal - guilt beyond reasonable doubt
Civil - preponderance of evidence
Administrative - substantial evidence
What is the liability of a physician who induced an abortion?
Criminal and civil (administrative?)
