Midterm Flashcards

1
Q

Criminological characteristics of infanticide:
A. Often commited by the mother
B. Almost always committed in the home
C. A newly born child found dead was born dead
D. The trauma applied is minimal
E. All of the above

A

E. All of the above

  • Often commited by the mother
  • Almost always committed in the home
  • A newly born child found dead was born dead
  • The trauma applied is minimal
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2
Q
JM has an IQ of less than 20, his mental deficiency is classified as:
A. Profound   
B. Severe   
C. Moderate   
D. Mild   
E. Moral defective
A

A. Profound

SIMILAR TO PREVIOUS BOARD EXAM CONCEPT/PRINCIPLE: 
Profound - less than 20; 
Severe - 20-35; 
Moderate - 36-51; 
Mild - 52-67.
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3
Q
The study of recording fingerprints as a means of identification:
A. Dactylography   
B. Dactyloscopy   
C. Graphology  
D. Poroscopy   
E.  Bibliotics
A

A. Dactylography

  • Dactyloscopy: identification by comparison of fingerprints;
  • Poroscopy: study of pores;
  • Bibliotics: handwriting analysis;
  • Graphology: study of handwriting for the purpose of determining the writer’s personality, character and aptitude
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4
Q

Failure of a physician to attend a trial of which his testimony on medico-legal matters is necessary is a ground for indirect contempt. He may be exempted if:
A. In a criminal case, the transportation expenses are not given by the requesting party
B. The place of residence is <50km from the court
C. The physician is attending to an elective surgery
D. The physician is suffering from acne
E. None of the above

A

E. None of the above

The following are instances when a medical witness need not comply with a subpoena.

1) The court issuing the subpoena must have jurisdiction over the subject matter.
2) The place of residence is >50km from the court.
3) In civil cases, the transportation expenses are not given by the requesting party.
4) The MD is attending to an emergency and no one is available and competent to substitute.
5) The MD is suffering from infirmity which may be aggravated if ever he complies with subpoena.

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5
Q
Permit to disinter is granted to those who died of non-dangerous communicable disease after:
A. 5 years   
B. 3 years   
C. 1 year   
D. 2 years
E. 6 months
A

B. 3 years

  • After 3 years : permit to disinter is granted to those who died of non-dangerous communicable disease;
  • After 5 years: for persons who died of dangerous communicable disease
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6
Q
A woman with labor pains is injured while being transferred from the ER to the labor room using a defective wheelchair. The hospital is held liable under the doctrine of:
A. Corporate liability   
B. Vicarious liability   
C. Borrowed servant    
D. Res ipsa loquitor   
E. Contributory negligence
A

A. Corporate liability

*The hospital is held liable for its failure to furnish accomodations and facilities necessary to carry out its purpose.

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7
Q
Mr. B assaulted Mr. R, the ex-boyfriend of Mr. B's girlfriend. Mr. R suffered multiple contusions and was hospitalized for 3 days. Mr. B can be charged of:  
A. Slight physical injury    
B. Less serious physical injury   
C. Serious physical injury   
D. Mutilation   
E. Attempted murder
A

A. Slight physical injury

  • Slight physical injury: incapacitated or require medical attendance for 1-9 days;
  • Less serious physical injury: period of medical attendance 10 to less than 30 days;
  • Serious physical injury: incapacitated or becomes ill for more than 30 days
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8
Q
A 25 year old female was found dead in her home, she suffered from multiple penetrating injuries on her abdomen. A knife with blood stain was found in the crime scene, this can be used as what type of evidence?
A. Tracing evidence   
B. Associative evidence  
C. Corpus delicti  
D. Direct evidence  
E. Circumstantial evidence
A

C. Corpus delicti

SIMILAR TO PREVIOUS BOARD EXAM CONCEPT/PRINCIPLE:
*Corpus delicti: Objects or substance which may be part of the body of the crime, ex: body of the victim, prohibited drugs, dagger with blood stains or fingerprints, stolen motor vehicle.

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9
Q
A rise in temperature of the body after death due to rapid &amp; early putrefactive changes in the internal organs refers to:
A. Algor mortis  
B. Postmortem caloricity   
C. Cadaveric rigidity   
D. Rigor mortis   
E. Cadaveric spasm
A

B. Postmortem caloricity

  • Algor mortis: cooling of the body;
  • Cadaveric rigidity/Rigor: stiffening of the body
  • Cadaveric spasm : instantaneous rigidity.
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10
Q
Dr. S used his knowledge and skill to cause abortion in a 16-year old female. The burden of evidence needed to convict Dr. S is:
A. Direct evidence   
B. Substantial evidence   
C. Circumstantial evidence   
D. Proof beyond reasonable doubt    
E. Preponderance of evidence
A

D. Proof beyond reasonable doubt

  • Criminal: guilt beyond reasonable doubt;
  • Civil: preponderance of evidence;
  • Administrative: substantial evidence.
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11
Q
A statement of a dying patient to his attending physician in reference to the identity of the person who killed his wife according to his close friend is known as:
A. Dying declaration   
B. Hearsay evidence   
C. Associative evidence   
D. Parole evidence   
E. Circumstantial evidence
A

B. Hearsay evidence

  • Hearsay evidence: mere repititon of what one has heard others say;
  • Dying declaration: must concern the cause and surrounding the circumstances of the delarant’s death.
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12
Q
A child was born out of lawful wedlock, who at the time of conception, the parents were not disqualified by any impediment to marry each other. The child is considered:
A. Natural child   
B. Spurious child   
C. Adulterous child   
D. Manceres   
E. Sacrilegious child
A

A. Natural child

SIMILAR TO PREVIOUS BOARD EXAM CONCEPT/PRINCIPLE:
Spurious children are illegitimate children who are not considered natural including: 1) adulterous 2) sacrilegious 3) Incentuous 4) Manceres

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13
Q

Which of the following statements constitute the practice of medicine?
A. Nurse X took BP to his neighbor and prescribed antihypertensive medication
B. Mr. B recently graduated from medical school and advertised in a signboard that he offers plastic surgery
C. A 43 year old 1st year medical student used the title of MD after his name in his transactions
D. Dr. T a fellow in cardiothoracic surgery operated a CABG surgery
E. All of the above

A

E. All of the above

The following acts constitute the practice of medicine: 1) who shall for compensation physically examine a person, diagnose, treat, operate or prescribe any remedy for human disease or injury; 2) who shall by means of signs or advertisement offer or undertake any means or method to diagnose, treat, operate, or prescribe any remedy; 3) who shall use the title MD after his name.
*Choice A, B, C are acts that constitute practice of medicine but lacks the required prerequisites hence may be charged with ILLEGAL PRACTICE of medicine.

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14
Q

There is negligence in the following circumstance:
A. Not giving antibiotics after breast biopsy
B. Not asking for history of allergies before resuscitation with PLR in a trauma patient
C. Not giving tetanus toxoid to a patient who stepped on a nail
D. Not doing skin test before administering IV oxytocin
E. All of the above

A

C. Not giving tetanus toxoid to a patient who stepped on a nail

SIMILAR TO PREVIOUS BOARD EXAM CONCEPT/PRINCIPLE:

  • Antibiotics are not usually given after biopsy procedures.
  • PLR do not cause allergies.
  • Skin test is not needed before adminestering IV oxytocin.
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15
Q
Dr. Z reported to the court all his physical and neurologic exam finding of a murder suspect and concluded that he is suffering from schizoprenia. The physician is acting as a:
A. Expert witness   
B. Ordinary witness   
C. Eye witness   
D. Believable witness    
E. Smart witness
A

A. Expert witness

SIMILAR TO PREVIOUS BOARD EXAM CONCEPT/PRINCIPLE:
An expert witness is allowed to give his inference, deduction, conclusion, or opinion from the facts presented to him.

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16
Q

The following are inherent rights of a physician, EXCEPT:
A. Right to compensation
B. Right to limit practice
C. Right to choose patients
D. Right to determine appropriate management
E. Right to avail of hospital services

A

A. Right to compensation

Accident rights of a physician: 
Right of way
Right to exemption from execution of instruments and library
Right to compensation
Right to hold public or private offices
Right to membership in medical societies
17
Q
A suspected drug pusher is found dead, a single gunshot wound is found on his chest. The following characteristics would suggest an entrance wound, EXCEPT:
A. Inverted edges   
B. (+) paraffin test   
C. No definite shape   
D. Contusion collar is found
E. Tattoing is present
A

C. No definite shape

An entrance wound is smaller, has inverted edges, oval or round, contact ring is present, tattoing or smudging is present when firing is near.

18
Q

A patient filed a case against Dr. L, the court decided that Dr. L shall only pay temperate damage to the patient. The following statements are TRUE for this case:
A. More than nominal but less than compensatory damages are recovered
B. Some pecuniary loss has been suffered but its amount cannot be proved with certainty
C. No substantial loss or injury to be compensated but where the law recognizes a technical invasion of the right of the plaintiff
D. A & B is correct
E. All of the above

A

D. A & B is correct

Nominal damages: trifling sum awarded to the plaintiff where there is no substantial loss or injury to be compensated but where the the law recognizes a technical invasion of the right of the plaintiff.

Choice A & B refers to temperate or moderate damage.

19
Q
Dr. J is employed as a company doctor, the kind of payment he is receiving is classified as:
A. Simple contractual fee   
B. Retainer fee   
C. Contingent fee   
D. Commission fee   
E. Straight fee
A

B. Retainer fee

Retainer fee is measured by the space of time and not by the quality or quantity of medical services rendered.

20
Q
The following classification of mental deficiency are exempt from criminal liability:
A. Idiot   
B. Imbecile   
C. Feeble minded   
D. A &amp; B is correct   
E. All of the above
A

D. A & B is correct

Imbecility and idiocy are exempting circumstances for criminal liability, whereas feeble mindedness is a mitigating circumstance.