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Legal Medicine > Medical Jurisprudence > Flashcards

Medical Jurisprudence Flashcards

1
Q

Laws not enforced by State

A

Moral - conscience
Laws of Nature
Divine Law
Cultural law

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2
Q

Laws enforced by State

A

Statutory laws - came from congress, legislative body

Substantial law - rights and obligations
Remedial law - Procedural law

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3
Q

Rights and obligations

Ex. Civil laws between individuals
Criminal laws - gives definition of crime and penalty

A

Substantial law

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4
Q

Talks about procedure in court on how we do litigation

Procedural Law
Adjective Law
Rules of court

A

Remedial Law

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5
Q

RA 2382

A

Medical Act of 1959

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6
Q

RA 7875

A

Philhealth Law

National Health Insurance Law

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7
Q

PD 169

A

Reporting of Physical Injuries, Mandatory

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8
Q

RA 1080

A

Civil Service Law

Passing the boards and bar equals first degree service elligibility

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9
Q

Board of Medicine (1973, PRC) previously referred to as

A

Board of Medical Examiners in 1959

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10
Q

Board or Medicine

A

1 Chairman
5 Members

6 Members

No cochairmain

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11
Q

BOM term of office

A

3 years without immediate reappointment

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12
Q

Powers of BOM

A

Investigate and decide cases
Issue subpoena
Hear and decide administrative cases
Issue contempt order

Reprimand
Suspend
Revoke COR
No authority to put doctor in prison and no authority to impose damage

Reinstate physician back to practice after 2 years

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13
Q

Subpoena

A

Duces tecum - go to court and bring document
Testificandum - testify
Duces tecum and testificandum - go to court, bring document and testify

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14
Q

Ordinary subpoena

A

Subpoena testificandum

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15
Q

Administrative liabilities

A

Inmorality

Dishonorable conduct

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16
Q

Two types of contempt

Discourteous act

A

Direct - near the court, shouting at court, creating noise outside the court “disturbing”

Indirect - far from the court, disregarding a subpoena

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17
Q

Justifiable non-attendance to subpoena

A

Sick/indispose

50km -> 100km residence away from court hearing

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18
Q

Board exam

A

Ave of 75
No grade less than 50

2 groups
Preliminary exam: Ana, Physio, Biochem, Micro

Final exam: all others

Two complete exams = includes both preliminary and final

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19
Q

Minimum requirement to take preliminary examination

A

At least second year college of medicine

At least 19 years old

20
Q

A member of board of medicine can prepare a maximum of

A

4 subjects

21
Q

Requirement to become BOM

A 
Natutal born Filipino citizen
At least 10 years one decade of practice
Registered physician
No need to become specialist
Good moral character
22
Q

Practice of Medicine

A

Privilege
Right
License
Franchise

subject to police power of state

23
Q

Police power of state

A

Authority to regulate the practice

24
Q

Practice of Medicine

A

PE + Diagnose, Treat, Operate, Practice
Undertake DTOP
Falsely using title MD

Not included
Response to an emergency
Governed by own license (dentist, optometrist, prosthetics)
Household remedies

Illegal practice of medicine (not a ground to revoke a license) it is a crime
Fine: 1,000 - 10,000 and/or imprisonment of 1-5 years

25
Q

Requirements to practice medicine

A

Age of 21
Passed the boards
Certificate of Registration

26
Q

Limited practice of medicine

A

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

27
Q

Who should declare a state of national epidemic

A

Secretary of Health

Minister of Health

28
Q

Rights of Physicians

A

Inherent

Incidental

29
Q

Inherent rights of Physicians

A

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

30
Q

Rights of Patients

A

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

31
Q

Order of consent and charge

A

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

32
Q

Crime committed if physician goes on without securing consent

A

Battery

Physical injury

33
Q

Damage that can be secured if surgeon went on without consent from patient if there is no injury damaged to patient

A

Nominal damage

34
Q

Civil liabilities of physician

A

Breach of contract - elements of valid contract: consent, object/subject, consideration

Quasi delict - torts or medical negligence, malpractice

35
Q

Administrative liability

Revoke license of physician

Filed before the BOM

A

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

36
Q

Criminal acts

A

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)

37
Q

Civil liability

Types of Damages

A

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

38
Q

Doctrine of Vicarious Liability

A

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

39
Q

Res Ipsa Loquitur

A

foreign body

Not included:
mistake in diagnosis
honest errors of judgement (wrong silk)
bad result (facial paralysis)
contributory negligence of patient
40
Q

Doctrine of Continuing Negligence

A

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

41
Q

Doctrine of Foreseeability

A

Failure to admit psych patient about to kill

Admission of psych patient to a room not secured

42
Q

Doctrine of last clear chance

A

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

43
Q

Doderlein bacilli

A

Menstruation

44
Q

Clostridium welchii

C perfringens

A

Putrefaction

45
Q

Hospital

A

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

46
Q

How many days will result of board exam come out

A

10 days

47
Q

RA 7719

A

Voluntary blood donation law

Legal Medicine (7 decks)

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