midterm

Question 1

NATURE OF ADMINISTRATIVE CASES:
who has jurisdiction?

Answer 1

board of Optometry
professional regulation commission

Question 2

after giving proper notice and hearing to the party concerned, revoke or suspend a certificate of registration for unprofessional conduct, malpractice, incompetency, serious ignorance, malicious negligence in the practice. intoxicating drugs/ liquor causing him incompetence

Answer 2

revocation or suspension of certificate (section 20)

Question 3

any person who by reckless imprudence shall commit any act which had it been intentional would constitute a grave felony shall suffer the penalty or aresto mayor in its maximum period to prison correctional

Answer 3

revised penal code: article 364. imprudence and negligence

Question 4

every person who, contrary to law, willfully or negligently causes damage to another shall indemnify the latter for the civil code article 2176

Answer 4

civil code. article 20

Question 5

mentions the malicious negligence as one of the grounds for revocation or suspension of the certificate of registration of optometrists

Answer 5

sec 20, republic act 1998

Question 6

other rights of respondent

Answer 6

1. right to be presumed innocent until the contrary is proven.
2. right of himself or his counsel to be heard.
3. right to be informed of the nature and cause of the accusation against himself
4. right to have speedy, impartial and public trial
5. right to meet the witnesses face to face
6. right to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf
7. right not to be compelled to be a witness against himself
8. right to remain silent and to counsel and to be informed of such right
9. no force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him
10. any confession or admission obtained in violation of section 12 or section 17 of the constitution shall be inadmissible in evidence against him.
11. no person shall be held to answer for a criminal offense without due process of law
12. free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty
13. all other rights under article 3, (bill of rights) of the Philippine constitution

Question 7

revocation or suspension of certificate (section 20):

after giving proper notice and hearing to the party concerned, revoke or suspend a certificate of registration for: (6)

Answer 7

1. unprofessional conduct
2. malpractice
3. incompetency
4. serious ignorance
5. malicious negligence in the practice.
6. intoxicating drugs/ liquor causing him incompetence

Question 8

revised penal code: article 364. imprudence and negligence:

any person who by reckless imprudence shall commit any act which had it been intentional would constitute a grave felony shall suffer the penalty or ___________ in its maximum period to prison correctional

Answer 8

aresto mayor

Question 9

Types of malpractice negligence most common cases brought against doctors are: (3)

Answer 9

• Improper diagnosis
• Failure to diagnose
• Dispensing errors

Question 10

legal basis for malpractice

• The law of tort as defined by Prof. William I. Prosser states
  (3)

Answer 10

1. A tort is a civil offense (not a crime)
2. it is based upon a legal wrong other than breach of contract
3. If tort is proven, damages can be awarded

Question 11

• The word tort is derived from the Latin _____, which means ______. From the antecedents, it would seem that a tort represents some conduct that is twisted, crooked or wrong.

Answer 11

TORTUS
wrong

Question 12

Theories of Liability: (
TORT OF LAW) (4)

Answer 12

• 1. NEGLIGENT TORT
• 2. INTENTIONAL TORT
• 3. STRICT LIABILITY
• 4. INFORMED CONSENT

Question 13

conduct which fails below a standard
established by the law for the protection of others againts
an unreasonable risk of harm.

Answer 13

• NEGLIGENCE

Question 14

• Negligence is a ____ rather than a state of mind or a ___, it is behavior that involves an ___

Answer 14

conduct
social policy
unreasonable risk to others.

Question 15

Based upon a duty to conform to a reasonable standard of conduct and that cofer liability for injury caused a failure to conform to the required standard.

Answer 15

NEGLIGENT TORT

Question 16

The Negligent torts are: (3)

Answer 16

1. Malpractice
2. Premises liability
3. Liability for emergency cases

Question 17

In order for a Doctor to incur legal liability:

4 distinct elements to negligence,
all of which must be present:

Answer 17

1. a duty or obligation
   * 2. A failure by the doctor to conform to the required standard
   * 3. A reasonable and close casual relationships between the
   doctors conduct and the resulting injury to the patient
   * 4. Actual loss or damages suffered by the patient.

Question 18

recognizable in the law , such as that existing between doctor and patient, requires that the doctor conforms to certain recognized standards of conduct in order to protect the patient against unreasonable risk.

Answer 18

A duty or obligation

Question 19

• Intentional torts are: (4)

Answer 19

• 1. DEFAMATION OF CHARACTER
• 2. DISCLOSURE OF CONFIDENTIAL
     INFORMATION
• 3. INVASION OF PRIVACY
• 4. FRAUD

Question 20

those torts based upon an intent to bring about a result which will invade the interests of another in a way the law will not sanction.

Answer 20

INTENTIONAL TORTS

Question 21

those torts based neither upon
intent nor upon negligence but rather upon the existence of an absolute duty to make safe, the breach of which results in liability. The strict liability torts are products liability and vicarious liability

Answer 21

STRICT LIABILIT

Question 22

refers to the liability of a seller
of a product to a consumer who is injured by it, even though the seller had no direct involvement with the injured consumer ( e.g. The seller was the manufacturer or wholesaler of the product, not the retailer)

Answer 22

• PRODUCT LIABILITY

Question 23

• Consumer using a product in a reasonably forseable and
  intended manner who is injured by the product has a caused of action if it can be shown that: (3)

Answer 23

• 1. The product is defective
• 2. The seller is engaged in the business of selling the product ( either as manufacturer, distributor or retailer)
• 3. The product reaches the consumer without the substantial change in the condition in which it was sold.

Question 24

Tort that bases liability upon the breach of a duty to explain adequately to a patient the
course of treatment that is being proposed.

Answer 24

• INFORMED CONSENT

Question 25

TYPES OF FEES

Answer 25

Retainer Fee
Contingent Fee
Straight Fee or “Pakyaw System’
Dichotomous “free splitting”

Question 26

This is a professional fee measured by the space of time and not by the quality or quantity fo professional services rendered.

Answer 26

Retainer fee

Question 27

Contingent Fee

Answer 27

In some instances and when expressly agreed, the value of the professional fee may depend upon the success or failure of the treatment given. Such af e e may be contingent upon the result of the treatment or upon the length of timesuch
treatmentmay take to obtain the desired results.

Question 28

mechanics of Straight Fee (3)

Answer 28

(a) Consultation fee and examination charges;
(b) Cost of materials dispensed; and
(c) Other charges for special tests and services.

Question 29

METHODS OF COLLECTION OF PAYMENT FOR OPTOMETRIC FEES

The following strategies of collection may be initiated by the optometrist: (2)

Answer 29

1. Extra-judicial methods .
2. Judicial method.

Question 30

Extra-judicial methods (2)

Answer 30

a Billing
b. Referral to a bill collection agency

Question 31

Unless previously agreed, or for other personal reasons, the optometrist should send a bill for uncollected accounts immediately after the termination of the
services. If there si a long delay before the patient si served the statement, such a delay may be interpreted by the patient as a lack of interest in the part of the opto-
metrist to be paid on time, or that not too much importance is attached to the out- standing account.

Answer 31

Billing (Sending a Statement of Account)

Question 32

There are agencies or companies specializing in the collection of unpaid accounts. These agencies are paid for their services usually through commission on the actual amount recovered.

Answer 32

Referral to a Bill Collection Agency

Question 33

Judicial Methods

Answer 33

Failure in the part of het patient to pay the professional fe after repeated demands over a reasonable period may compel the optometrist, either directly o r through a collection agency, to file the necessary action i n truoc for recovery.

Question 34

In order for a collection case to prosper ni court, the following facts should be established and proven: (4)

Answer 34

.1 That the optometrist isduly qualified and licensed to practice optometry in the Philippines;
2. That professional services have been rendered to het defendant patient;
3. That the professional fe demanded is reasonable;
4. That the defendant is the person liable for the payment of the professional fee; and
That the defendant failed to pay the professional fee after repeated demands.

Question 35

Rights Incidental ni the Privilege to Practice Optometry

Answer 35

Right fo exemption of execution for instruments
Right to hold certain public or private ofices;
Right to perform certain servcies;
Right to compensation;
Right ot membership in optometric societies.

Question 36

Rights of Optometrists (3)

Answer 36

• right to choose px
• right to limit the practice of his profession
• right to determine the appropriate management procedures

Question 37

DUTIES AND OBLIGATIONS IMPOSED ON THE PATIENT (6)

Answer 37

1. The patient must render an honest optometric and medical history of his ailment or condition, with no vital information concealed;
2. The patient must submit to the management or treatment, no matter how inconvenient, cooperate and folow instructions, orders and suggestions of his optometrist;
3. The patient must return for follow-up examination (s) and evaluation when so directed;
4. The patient must provide the optometrist information on what occured and his observations in the course of the management or treatment for the proper evaluation of the optometrist;
5. When given the necessary instructions, the patient must state that he understands well the contemplated course of action and the things expected of
   the said management or treatment;
6. The patient must exercise prudence expected of an ordinary patient under the same circumstances of care, and should not act as if he was a stranger to his own problem.

Question 38

CONDITIONS NOT INCLUDED IN THE OPTOMETRIST-PATIENT CONTRACT (5)

Answer 38

.1 No promise or guarantee should be implied by the optometrist that the management or treatment will be successful;
2. No promise or guarantee that the management or treatment will benefit the patient;
3. No promise or guarantee that the management or treatment will produce the desired results;
4. No promise or guarantee that the management or treatment will not pro. duce adverse effects or harm the patient;
5. No promise or guarantee that the optometrist will not commit mistakes or errors in an honest way.

Question 39

It is important to determine the commencement and termination of the optometrist-patient relationship in order to establish the liability of the optometrist and to know his obligation to comply with the legal duties and responsibilities to the patient.

Answer 39

COMMENCEMENT AND TERMINATION OF THE OPTOMETRIST-PATIENT RELATIONSHIP

Question 40

When an optometrist engages the services of a third person to act as an agent to solicit patients for him, with the arrangement that the agent shares in the profes sional fee either on a percentage basis or a fixed amount, fee splitting is involved in such an arrangement.

Answer 40

Dichotomous Fee (Fee Splitting)

Question 41

FACTORS WHICH INFLUENCE THE DETERMINATION OF THE AMOUNT OF THE PROFESSIONAL FEES (9)

Answer 41

1. The nature, type and character of the services rendered;
2. Labor, time and trouble involved;
3. Degree of importance and responsibility in the case;
4. The prestige, character and social standing of the practitioner;
5. The results and benefit obtained by the patient;
6. The ability of the patient to pay;
7. The purchasing power of the peso;
8. The amount of the fee customarily charged by practitioners of the same profession in the locality;
9. Cost of materials used or dispensed.

Question 42

The purchasing power of the peso

Answer 42

The cost of maintaining a professional practice, of supporting a family, and meeting one’s personal and professional needs fluctuate according to the value of the currency. The power of the peso which determines the cost of commodities invariably influences also the value of professional fees, these being a service come modity. These are economic factors beyond the control of the practitioner,

Question 43

Cost of materials used or dispensed

Answer 43

The use and dispensing of ophthalmic materials and/or optical devices is peculiar to the practice of optometry, and are considered incidental to the practice of an optometrist. The type, brand and quality of the materials utilized differ wide. ly, and so are their prices. One is not expected to pay the same price for a Volks. wagen and a Mercedes. Hospital rates for a semi-private room and a suite are not the
same,

Question 44

WHO ARE RESPONSIBLE TO PAY FOR THE PROFESSIONAL FEES? (4)

Answer 44

1. The spouse;
2. The descendant of the nearest degree;
3. The ascendant of the nearest degree;
4. The brothers and sisters.

Question 45

The husband is responsible for the support of the wife and the rest of the family. These expenses shall be met first from the conjugal property, then from the husband’s capital, and lastly from the wife’s paraphernal property. In case there is a separation of property, by stipulation in the marriage settlements, the husband and wife shall contribute proportionally to the family expense (Art. 111, C.C.). The term support includes medical and other health services.

Answer 45

Responsibility of the spouse

Question 46

Responsibility of the Ascendants and Descendants (3)

Answer 46

a. Liability for medical services of the minor children by the parents
b. Liability of the children for the medical fees of the parents
c. Responsibility of brothers and sisters

Question 47

The parents are under obligation, moral, natural and legal, to furnish necessaries for their minor children. The term “necessaries” include many things, and what is necessary is a mixed question of fact and law to be determined by the court.

Medical care has always been included among the necessaries, and when needed, medical care is a proper subject of recovery in a civil action (Osborn v. Weatherford,
170 S. 95 Ala.).

Answer 47

a. Liability for medical services of the minor children by the parents

Question 48

As a rule, the children are not liable for the medical services rendered to their parents, but if the parents are not in the financial position to pay for them, the children must pay.

Answer 48

b. Liability of the children for the medical fees of the parents

Question 49

Brothers and sisters owe each other the necessary medical expenses in the absence of the spouse, descendants and ascendants.

Answer 49

c. Responsibility of brothers and sisters

Question 50

A third person who has no legal duty to pay for the professional’s fee may expressly or impliedly agree with the practitioner that he will be the one responsible for the bill. The implied assumption to pay the bill may be inferred from the acts, conduct and circumstances which would make any reasonable person justifiably believe that he is going to pay the bill. Assumption of obligation to pay by a third party need not have the approval of the patient.

Answer 50

Liability of a third person to pay for the professional fees

Question 51

INSTANCES WHERE THE PATIENT MAY REFUSE TO PAY THE PROFES SIONAL FEES OF THE OPTOMETRIST AND MAY MAKE A COUNTER-CLAIM

There are instances where the patient may refuse to pay the professional fee of the optometrist and where the optometrist may not be able to recover such fee: (3)

Answer 51

1. When it is expressly agreed that the service of the optometrist is gra-tuitous;
2. When it is expressly agreed that the payment of the fee is contingent upon a successful treatment or management of the patient’s ailment and the treatment is not successful inspite of the patient’s cooperation;
3. When the treatment instituted is contrary to what has been agreed upon, thereby making the optometrist criminally liable.

Question 52

DEFENSES WHICH THE PATIENT MAY PUT UP IN REFUSING TO PAY FOR THE PROFESSIONAL FEES (10)

Answer 52

1. That the charges made by the optometrist is exhorbitant and unrea-sonable;
2. That there were no optometric services rendered;
3. That the defendant is not the person legally responsible for the payment of the professional fee;
4. That there was no consent to such optometric services rendered;
5. That there was a previous agreement that the optometric services were gratuitous;
6. That the optometrist is not legally qualified to practice optometry;
7. That the party obliged to pay is in no financial capacity to pay the opto-metric fee demanded;
8. That the treatment instituted is contrary to what has been previously agreed;
9. That the optometrist was negligent in the performance of his profesional acts;
10. That the optometrist violated the terms of their contract.

Question 53

PATIENT’S RIGHTS (8)

Answer 53

1. Right to give consent to diagnostic and treatment procedures;
2. Right to religious belief:
3. Right of privacy;
4. Right to disclosure of information;
5. Right to confidential information;
6. Right to choose his physician (optometrist);
7. Right to treatment; and
8. Right to refuse necessary treatment.

Question 54

At the start of the optometrist-patient relationship, the optometrist has no authority to administer diagnostic and treatment procedures to the patient without the latter’s enlightened consent. Beforehand, the optometrist is obliged to give the patient the necessary information as regards the diagnosis, the general nature of the contemplated procedure and treatment management, the risks involved if any, the prospect of success, the potential danger to the patient if the procedure or treat. ment is not instituted, and the alternative methods of management if any.

Answer 54

RIGHT TO GIVE CONSENT TO DIAGNOSTIC OR TREATMENT PROCEDURE

Question 55

Basis of Consent
The right of the patient to be informed about the nature of the procedure nd to give his consent to its application may be based on the following principles:

Answer 55

1. The relationship between the optometrist and the patient is fiduciary.
2. The patient has the right to self-determination.
3. The optometrist-patient relationship is contractual.

Question 56

Instances When Consent Is Not Necessary

Answer 56

1. In cases of emergency
2. When the law requires every resident to submit to a procedure

Question 57

A valid consent must fulfill the following requirements: (3)

Answer 57

a) It must be an informed or enlightened consent:
b) It must be given by the patient voluntarily;
c) The subiect-matter of the consent must be legal.

Question 58

To satisfy the legal definition of “informed consent”. Solis mentioned a minimum of five elements of understanding in the part of the patient:

Answer 58

1. He must understand the nature of his condition;
2. He must understand the nature of the proposed treatment or p
3. He must be aware of the possible alternative courses of action;
4. He must be acquainted with the risks of the proposed alternativ of action; and
5. He must be informed of the chances of success or failure of the and alternative therapies.

Question 59

From Whom A Consent May Be Obtained
A consent may be obtained from the following persons in the order of the enumeration: (5)

Answer 59

1. The patient himself - if he is of legal age, of sound mind, and not otherwise disqualified by law. If married, the consent of the spouse is not necessary.
2. If the patient is a minor, the consent of the parents must be obtained. In case of disagreement between the father and the mother, the father’s decision will prevail unless covered by a court order to the contrary.
3. In the absence of the parents, the consent must be obtained from the grandparents (Art. 354, Civil Code). The sequence of authority of the grandparents are: a) parental (fraternal) grandparents, and b) maternal grandparents (Art. 355, Civil Code).
4. In the absence of parents and grandparents, the consent may be given by the eldest brother or the eldest sister, provided he or she is of legal age, of sound mind, and not otherwise disqualified by law.
5. Other persons who may give consent in their capacity as substitute parental authority are:

Question 60

Other persons who may give consent in their capacity as substitute parental authority are: (3)

Answer 60

a) guardians, b) teachers and professors,
c) heads of children’s homes, orphanages and similar institutions, and
d) directors of trade establishments, with regard to apprentices

Question 61

RIGHT OF PRIVACY
The patient’s right to privacy should not be violated or invaded. privacy may be intruded by:

Answer 61

a) Intrusion by another person in the patient’s room, or in other an examination or treatment procedure is being conducted:
b) Making press releases as to the health condition of the patient
c) Publication of pictures before and after treatment;
d) Taking a motion picture, video or television coverage;
e) Use of patient’s name or picture in commercial advertisement consent of the patient.

Question 62

relates to the right of the patient to assert the right to keep the subject matter of the relationship from being testified in court

Answer 62

‘Privileged communication

Question 63

Instances where the confidentiality of information does not apply (3)

Answer 63

1. When such disclosure is necessary in the best interest of justice;
2. In the interest of public health and safety;
3. When the patient waives the confidential nature of such information.

Question 64

The patient can exercise his right to choose his practitioner if: (4)

Answer 64

1. He is of legal age;
2. He is in full control of his mental faculties;
3. He is aware of the qualities of the practitioner he is chosing;
4. He is capable to pay the professional fee of the practitioner he has chosen.

Question 65

The patient has the right to refuse treatment even if such treatment is necessary to save his life. He is the master of his own self and he has the right to determine what must be done to his own body.

Answer 65

RIGHT TO REFUSE NECESSARY TREATMENT