Medical Jurisprudence Flashcards

Question

Requirements to practice medicine

Answer 1

Age of 21 Passed the boards Certificate of Registration

Answer 2

Medicine without certificate of registration USAF medical person Foreign physicians for consultation only and specific patient or hospital Completed 4th year college of medicine, graduates of COM and registered nurses when national emergencies and national epidemics, no doctor around

Answer 3

Secretary of Health | Minister of Health

Answer 4

Inherent | Incidental

Answer 5

Right to choose patient except in emergency however, if threat to a life of doctor, doctor’s safety first Right to limit practice Right to avail hospital services Right to determine management of procedure

Answer 6

Consent - informed, implied (from acts of parties), expressed (writing, oral) Religious belief - right to belief, absolute protected by constitution Acting on ones belief - subject to police power of state, control and regulation Privacy - right to unwanted publication except: child of tender age giving birth (12 years) is a matter of public interest, exception to right of privacy, order by the court (motion to inspect the hymen); does not survive the death of patient; no right of privacy to dead body; biopic no violation Disclosure - patient has the right to a full and frank disclosure of information; legible writing of physician; hypodermic needle inside patient not mentioned, sponge left inside exceptions: safe or publicly known to be safe, transfusion (need not disclose that he may suffer hepatitis because blood transfusion is publicly known to be safe procedure) If it will cause anxiety, patient with thyroid problem is physician justified not to disclose damage to recurrent laryngeal, YES in cases of thyroid operation Confidential information, privelege communication - if patient dies, confident information stays; only applicable to civil cases not criminal cases; information that will destroy or blacken reputation of patient (STD, psychiatric disorder) extends to intern, clerk, nurses, co-managed physicians except if nurses are not in their official capacity

Answer 7

Patient Spouse Descendants (children of legal age, grandchildren) Ascendants (parents, grandparents) Brother, sister Special Parental Authority - guardian, teacher, professors, heads of orphanages, trade directors, children houses in behalf of minor Consent not necessary in case of emergency of minor If the emergency involved adult, get consent of adult Otherwise if you want to save patient, go to court

Answer 8

Battery | Physical injury

Answer 9

Nominal damage

Answer 10

Breach of contract - elements of valid contract: consent, object/subject, consideration Quasi delict - torts or medical negligence, malpractice

Answer 11

Personal disqualification- revoke license of physician ex: gross immorality, dishonorable conduct (fee-splitting), insanity (court declared), gross negligence, addiction to habit forming drugs and alcoholism; simulated lab exam for syphilis so he can treat a patient, he left his family for another woman Criminal act - conviction of crime involving moral tupitude (abortion, physician acting as dummy of unqualified person - allowed chemist to remove tattoo) subject to both administrative and criminal case Unprofessional conduct - violation of code of ethics, advetisement extravagant, rumors derogatory against physician

Answer 12

False medical certificate Abortion (must be fetal death, no crime if negative pregnancy and h mole) Failure to report cases of physical inury PD 169 Need to report: less serious and serious No need to report: slight physical injury How soon report: immediately to nearest PC; child and youth welfare code (maltreated child) required to report within 48 hours Sale of samples - what law is violated? Pharmacy Law not revised Penal Code Falsification of document - Penalty: Priccion correcional with fine of 5k Defamation - slander (verbal); libel (written)

Answer 13

Actual - computed, loss of earning capacity, unable to earn income, death of person Actual damages for death of victim: 50,000 Need for support (napatay so support family for 5 years), need to hire for private assistant Moral damage - cannot be quantified, pain, reputation, sleepless nights, humiliation Exemplary damage - example Nominal damage

Answer 14

Vicarious liability - one is held liable for act of another (hospital is liable for negligent act of employees) Captain of Ship - primary surgeon is liable for acts of team Ostensible agent - patho, radio, anesthesiologist Borrowed servant - surgeon is liable for servant he borrowed from hospital

Answer 15

foreign body ``` Not included: mistake in diagnosis honest errors of judgement (wrong silk) bad result (facial paralysis) contributory negligence of patient ```

Answer 16

You know there is foreign object left did not remedy Did not remedy cast applied Did not remedy falsely aligned bone Did not change medication

Answer 17

Failure to admit psych patient about to kill | Admission of psych patient to a room not secured

Answer 18

If physician found out to have the last chance to avoid asphyxia from pseudomembrane, then he is held liable

Answer 19

Menstruation

Answer 20

Putrefaction

Answer 21

Liabilities: Make sure perimeter, building, equipment is safe Trespaser: not invited Licensee: no business but tolerated (med rep) Invitee: doctors, nurses, interns, volunteers (candy striper), blood donors, private nurses

Answer 22

Voluntary blood donation law