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legal medicine ⚖️ > notch top 2015 1-100 > Flashcards

notch top 2015 1-100 Flashcards

1
Q

Medical service is referred to in the physician-patient relationship as:

A. Object of the contract
B. Cause or consideration
C. Consent
D. Professional fee
E. All of the above

A

A. Object of the contract

> The professional fee is the cause or the consideration.
The nature of the relationship is consensual and fiduciary.

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2
Q

The preliminary examination of the Physician licensure examination in the Philippines includes:

A. Anatomy, Physiology, Biochemistry only
B. Anatomy, Physiology, Biochemistry, Microbiology only
C. Anatomy, Physiology, Biochemistry, Microbiology, Pathology only
D. Anatomy, Physiology, Biochemistry, Pathology and Pharmacology only
E. Anatomy, Physiology, Biochemistry, Microbiology, Pathology, Pharmacology only

A

B. Anatomy, Physiology, Biochemistry, Microbiology only

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3
Q

Who comprises the board of medicine?

A. 1 chairman and 4 members
B. 1 chairman and 5 members
C. 1 chairman and 6 members
D. 2 co-chairs and 4 members
E. 2 co-chairs and 6 members

A

B. 1 chairman and 5 members

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4
Q

The nature of the physician-patient relationship is/are:

A. Fiduciary
B. Consensual
C. Serendipitous
D. A and B
E. All of the above

A

D. A and B (Fiduciary and Consensual)

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5
Q

Which of the following is the site of remote action of arsenics and thus will have pathologic findings on autopsy?

A. Peripheral nerve
B. Mucous membrane
C. Liver
D. Heart
E. GIT

A

D. Heart

> Postmortem findings of EPICARDIAL HEMORRHAGE is suggestive of arsenic poisoning.

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6
Q

Fingerprints appear in the fetus as early as:

A. 2nd month
B. 3rd month
C. 4th month
D. 5th month
E. 6th month

A

C. 4th month

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7
Q

Which of the following is not helpful in distinguishing the sex of the skeleton?

A. Pelvis
B. Sternum
C. Skull
D. Humerus
E. 3rd Proximal Phalanges

A

E. 3rd proximal phalanges

> Parts of the skeleton which are useful in determining the sex of the skeleton:
1. Pelvis
2. sternum
3. skull
4. humerus
5. femur
The pelvis is the most informative.

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8
Q

A method of identification which utilizes anthropometrics:

A. Rougue’s gallery
B. Bertillion system
C. Portrait parle
D. Photographic profile
E. All of the above

A

B. Bertillion system

> The rogue’s gallery and photographic profile both utilize pictures or sketches for identification.
Portrait parle is a verbal, accurate and picturesque description of the person identified.

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9
Q

On postmortem examination, cutis galina or washerwoman’s hands were noted on the body. This signifies:

A. The cause of death is drowning
B. The occupation of the deceased involved water exposure
C. The corpse has been submerged in water for a long period of time
D. The deceased had a chronic skin disorder prior to death
E. The deceased died of anaphylaxis

A

C. The corpse has been submerged in water for a long period of time

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10
Q

On changing the position position of a cadaver, the location of lividity does not shift. Which form of suggilation is this?

A. Disinterment
B. Hypostatic
C. Osmotic
D. Diffusion
E. Algor mortis

A

D. Diffusion

> Kinds of portmortem lividity
- Hypostatic: Early stage, blood is still fluid within the blood vessels, any change in position of the body leads to the formation of lividity in another place
- Diffusion: Later stage, blood has coagulated and changes in position will not change the location of lividity

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11
Q

The most prominent sign of the death is:

A. Algor mortis
B. Rigor mortis
C. Cadaveric spasm
D. Negative respiration
E. Negative heart rate and BP

A

A. Algor mortis

> Algor mortis is a progressive fall of the body temperature. It is the most prominent sign of death.

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12
Q

The instantaneous stiffening of a cadaver postmortem an example of which is a victim tightly grasping a weapon is called:

A. Cadaveric spasm
B. Rigor mortis
C. Cadaveric rigidity
D. Death stiffening
E. Algor mortis

A

A. Cadaveric spasm

> Rigor mortis, cadaveric rigidity, and death stiffening are synonymous. It is universal and its onset is around 3-6 hours postmortem. Cadaveric spasm may or may not occur. Its onset is instantaneous

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13
Q

What makes up the primer?

A. Antimony, Copper, Lead
B. Antimony, Barium, Lead
C. Copper and Lead
D. Antimony and Lead
E. Lead only

A

B. Antimony, Barium, Lead

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14
Q

Which test used to determine live birth involves submerging the lungs in water and observing for flotation:

A. Fodere’s Test
B. Wredin’s Test
C. Breslau’s Test
D. Icard’s Test
E. Magnus Test

A

A. Fodere’s Test

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15
Q

The middle ear of a child, before birth is filled with gelatinous embryonic connective tissues. After birth, this disappears.

A

Wredin’s test

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16
Q

Floating organs (stomach, intestines)

A

Breslau’s Test

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17
Q

_____________ and ____________ are for identifying circulation in a cadaver and is not for identification of live birth.

A

Icards and Magnus Test

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18
Q

Dr. Juan dela Cruz witnessed a stabbing incident while doing his groceries. He was called upon in court to describe what he saw and heard during the incident. What form of witness is he appearing for?

A. Expert witness
B. Professional witness
C. Ordinary witness
D. Medical witness
E. Civilian witness

A

C. Ordinary witness

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19
Q

_______________ describes only what he perceived without providing interpretation of giving professional opinions.

A

Ordinary witness

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20
Q

____________ provides interpretation and opinions regarding facts according to his/her field of expertise.

A

Expert witness

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21
Q

Dr. John Doe was appalled by something the judge said during a hearing wherein he was a witness. He hits the judge of the face. He may be cited for:

A. Direct contempt of court
B. Indirect contempt of court
C. Disrespect for the court
D. Homicide
E. Murder

A

A. Direct contempt of court

> Direct contempt of court: misbehavior in the presence of or near a court/judge.
Indirect contempt of court: misbehavior outside the court (ex. Not showing up for a hearing when there is no good excuse)

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22
Q

A beautician got ahold of some clindamycin topical ointment and has been prescribing it to her clients for treating acne. Which of the following applies?

A. She is performing a cosmetic function as a beautician
B. She can invoke her right of occupation to make a living and support herself
C. This is freedom of action
D. She is illegally practicing medicine
E. None of the above

A

D. She is illegally practicing medicine

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23
Q

Who is authorized to perform an autopsy?

A. Medical officers of law enforment agencies
B. Health officers of local health departments
C. Medical staff members of accredited hospitals
D. A and B only
E. All of the above

A

E. All of the above

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24
Q

An IQ range of which is exempting from criminal liability:

A. 0-20
B. 20-40
C. 40-70
D. A and B
E. All of the above

A

D. A and B

0-20: Idiot – exempt (functionally equivalent to <2y/o)
20-40: Imbecile – exempt (2-7y/o)
40-70: Moron – mitigating (7-12y/o)

My mnemonic for this is idiot, imbecile and moron are alphabetically arranged.

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25
Q

Paraplegic patient promised to pay Dr. Juan dela Cruz P1M if he can make him walk again. This form of professional fee is called:

A. Contingent fee
B. Package deal fee
C. Fee splitting
D. Simple contractual fee
E. Retainers fee

A

A. Contingent fee

> Contingent, package deal fee and fee splitting are unethical.
- Contingent: payment after results. Unethical because doctor should not be gambling
- Package deal and fee splitting (referral fee sharing) are unethical because the practice of medicine is not a business venture

> Simple contractual fee and retainers fee are ethical.
- Simple contractual fee: fee for service
- Retainers fee: fee for hours of duty regardless of how many services rendered during that period of time

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26
Q

After graduating from medical school, you begin using the title MD after your name. You are:

A. Commiting malpractice
B. Commiting fraud
C. Academically entitled to use MD
D. Illegally practicing medicine
E. Academically entitled to use MD after passing the revalida

A

C. Academically entitled to use MD

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27
Q

What is the study of identification of fingerprints by comparison?

A. Dactyloscopy
B. Dactylography
C. Poroscopy
D. Dermatoglyphics
E. Graphology

A

A. Dactyloscopy

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28
Q

Disinternment is also known as:

A. Embalming
B. Euthanasia
C. Exhumation
D. Disembowelment
E. Dissection

A

C. Exhumation

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29
Q

Manceras children are children born to

A. Live-in partners
B. Incestuous couples
C. Homosexual couples
D. Prostitutes
E. Families below poverty line

A

D. Prostitutes

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30
Q

A physician who stubbornly refuses to go to court when summoned may be cited for:

A. Disobedience
B. Dereliction of civic duty
C. Direct contempt
D. Indirect contempt
E. May not be cited

A

D. Indirect contempt

> Direct contempt occurs when a person speaks words or commits acts in the presence of the court or a judge acting judicially or when a person resists or interferes with the lawful authority of the court in its presence or so near the court or judge as to interrupt or hinder judicial proceedings.

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31
Q

Wood alcohol is otherwise known as:

A. Propylene glycol
B. Isopropyl alcohol
C. Ethylene glycol
D. Ethyl alcohol
E. Methyl alcohol

A

E. Methyl alcohol

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32
Q

Kimberly Chu. sues Dr. Balu for mental anguish, social humiliation and loss of sleep after a botched facelift operation. What type of damages can Ms. Chu recover from this situation?

A. Actual damages
B. Compensatory damages
C. Exemplary damages
D. Moral damages
E. Nominal damages

A

D. Moral damages

> Actual or compensatory damages simply make good or replace the loss caused by the wrong.
Nominal damages vindicate or recognize the injured party’s right to a property that has been violated or invaded, with minimal or no compensation.
Exemplary or corrective damages are intended to serve as a deterrent to serious wrongdoings.

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33
Q

Jejo scratched Mar in the face in an altercation. You attended to the injury that resolved in less than 10 days but a resultant keloid scar formed. The legal classification of this injury is:

A. Serious physical injuries
B. Less serious injuries
C. Slight injuries
D. Mutilation
E. Scarring injury

A

A. Serious physical injuries

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34
Q

If the parents are type A and type B, which of the following would be the blood group of their children?

A. Types O, A and B
B. Types A, B, AB and O
C. Types A and B
D.Types A, B and AB
E. Type AB

A

B. Types A, B, AB and O

> Both A and B alleles are dominant over O. O is a recessive allele. As a result, individuals who have an AO genotype will still have an A phenotype. People who are type O have OO genotypes. In other words, they inherited a recessive O allele from both parents.
The A and B alleles are codominant. Therefore, if an A is inherited from one parent and a B from the other, the phenotype will be AB. A parent with phenotype A may have genotype AA or AO, a parent with phenotype B may have genotype BB or BO. Therefore, they may produce children with O phenotype (OO genotype).

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35
Q

A verbal and accurate description of the person identified is termed:

A. Anthropometry
B. Bertillon System
C. Verbal Drawing
D. Portrait Parle
E. Oral description

A

D. Portrait Parle

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36
Q

A verbal and accurate description of the person identified is termed:

A. Anthropometry
B. Bertillon System
C. Verbal Drawing
D. Portrait Parle
E. Oral description

A

D. Portrait Parle

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37
Q

This finding in death is not consistent and may or may not appear on a person who died:

A. Rigor mortis
B. Algor mortis
C. Putrefaction
D. Cadaveric spasm
E. Decomposition

A

D. Cadaveric spasm

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38
Q

The following medical fees are considered immoral or unethical under the Code of Medical Ethics EXCEPT?

A. Contingent fee
B. Dichotomous fee
C. Retainer fee
D. Fee splitting
E. Straight fee

A

C. Retainer fee

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39
Q

If a patient died or became incapacitated, the claim for medical fees shall be borne the following persons in the order of:

A. Spouse, parents, children, siblings
B. Spouse, parents, siblings, children
C. Spouse, children, parents, siblings
D. Children, spouse, siblings, parents
E. Children, spouse, parents, siblings

A

C. Spouse, children, parents, siblings

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40
Q

Which of the following is NOT an inherent right of the physician?

A. Choose patients
B. Exemption from execution of instruments and library
C. Avail of hospital services
D. Limit the practice of medicine
E. Determine the appropriate management and procedures for his patients

A

B. Exemption from execution of instruments and library

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41
Q

For a child to be legitimate, he must be born in a lawful wedlock or within these number of days after the dissolution of marriage:

A. 120 days
B. 180 days
C. 300 days
D. 100 days
E. 365 days

A

C. 300 days

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42
Q

Saturnine gout pertains to:

A. Pseudogout
B. Gout caused by excess thiazide use
C. Gout caused by cyclosporine toxicity
D. Gout caused by lead poisoning
E. Gout in people with Lesch-Nyhan syndrome

A

D. Gout caused by lead poisoning

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43
Q

A man marries his stepdaughter and they conceive a child. The child is considered:

A. adulterous
B. natural child by legal fiction
C. natural child by presumption
D. legitimated
E. Natural child by wedlock

A

B. natural child by legal fiction

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44
Q

Principle applied when the medical fee is not specified:

A. “Assumpsit on quanthum merit”
B. “lex Loci contract”
C. “Dura lex sed Lex”
D. “Sine Qua now”
E. “Quis custodiet ipsos custodes”

A

A. “Assumpsit on quanthum merit”

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45
Q

A patient was found dead in his room with multiple stab wounds. On autopsy, you saw prominent superficial veins with reddish discoloration on his flanks. This finding is called?

A. Postmortem lividity
B. Maceration
C. Marbolization
D. Cadaveric lividity
E. Adipocere formation

A

C. Marbolization

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46
Q

Which of the following laws is enforced by state?

A. Moral Law
B. Natural Law
C. Divine Law
D. Law of Gravity
E. Adjective Law

A

E. Adjective Law

> Law which is not enforced by the state:
1. Natural Law (e.g law of gravity, law of nature)
2. Divine Law (e.g. 10 commandments)
3. Moral Law

> Law which is enforced by state:
1. Substantive Law (e.g. law om property rights)
2. Procedural/Adjective/Remedial Law (law on criminal procedure)

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47
Q

The following are the functions of the Board of Medicine EXCEPT:

A. Determine and prepare contents of licensure examination
B. Administering and conducting the licensure examination in accordance to its rules and regulations
C. Promulgate rules and regulations for the proper conduct of the examinations, corrections and registrations
D. Administer oath
E. Issue Certificate of Registration

A

B. Administering and conducting the licensure examination in accordance to its rules and regulations

> Functions of Board of Medicine:
1. To determine and to prepare contents of the licensure examination
2. Promulgate rules and regulations for the proper conduct of the examinations, corrections and registrations
3. Administer oath
4. Investigate violations, issues subpoena
5. Issue Certificate of registration
6. Suspend, revoke or reissue Certificate of Registration
Administering and conducting licensure examination: Function of PRC

48
Q

Which of the following is an Inherent Right of a physician?

A. Avail of hospital services
B. Right of exemption from execution of instruments and library
C. To hold certain public or private offices
D. Right to compensation
E. Right to membership in medical societies

A

A. Avail of hospital services

> Inherent Rights:
1. To choose patients
2. Limit the practice
3. Determine the appropriate management
4. Avail of hospital services

> Incidental Rights:
1. Right of way while responding to call of emergency
2. Right of exemption from execution of instruments and library
3. Determine appropriate management procedures
4. Avail of hospital services

49
Q

Which of the following fees is considered ethical?

A. Commission Fee
B. Retainer Fee
C. Fee Splitting
D. Straight Fee
E. Contingent Fee

A

B. Retainer Fee

> Ethical fees: Simple contractual fee; Retainer fee
Unethical fees: Contingent fee, Dichotomous/commission/fee splitting; Straight fee

50
Q

Revocation of license is a sanction imposed against a doctor when he is guilty of what liability?

A. Criminal liability
B. Administrative liability
C. Civil liability
D. No liability
E. AOTA

A

B. Administrative liability

> Prison/fine: Criminal liability;
Damages: Civil liability;
Reprimand, Suspension, Revocation: Administrative Liability

51
Q

Dr. X operated on a patient and inadvertently left behind a needle. Which doctrine is applicable in this case?

A. Captain of the ship
B. Doctrine of Forseeabiity
C. Fellow Servant
D. Res Ipsa Loquitor
E. Ostensible agent

A

D. Res Ipsa Loquitor

> Doctrine of Res Ipsa Loquitor (Common knowledge doctrine) is the nature of the wrongful act is suggestive of negligence

52
Q

The following are conditions for award of moral damages EXCEPT:

A. There must be an injury
B. There must be a culpable act
C. Award of damages is based on Article 2217 of the Civil code
D. Wrong doing act is the proximate cause of the injury
E. NOTA

A

C. Award of damages is based on Article 2217 of the Civil code

> Conditions for award of moral damages:
1. There must be an injury
2. There must be a culpable act
3. Wrong doing act us the proximate cause of the injury
4. Award of damages is based on Article 2219 of the civil code

53
Q

Immediate transplantation should be done after death to ascertain success on which of the following organs?

A. Kidney
B. Cornea
C. Blood vessels
D. AOTA
E. NOTA

A

A. Kidney

> Immediate transplantation: kidney, heart, lung and liver
Transplanation may be done several hours after removal from the donor: Cornea, skin, bone, blood vessels

54
Q

Type of asphyxial death characterize by failure of arterial blood to become naturally saturated with oxygen.

A. Histotoxic Anoxia
B. Stagnant anoxia
C. Anoxia death
D. Anemic anoxia death
E. NOTA

A

C. Anoxia death

55
Q

Failure of the arterial blood to become naturallly saturated with oxygen

A

Anoxia death

56
Q

Due to decrease capacity of blood to carry oxygen

A

Anemic anoxia death

57
Q

Due to failure of circulation

A

Stagnant anoxia

58
Q

Failure of cellular oxidation process

A

Histotoxic anoxia

59
Q

One of the following is not helpful in determining the sex of the skeleton:

A. Femur
B. Humerus
C. Pelvis
D. Sternum
E. NOTA

A

E. NOTA

> Following bones are helpful in determining the skeleton sex: skull, sternum, pelvis, humerus, femur.

60
Q

Dactyloscopy is:

A. Art of comparing fingerprints for identification
B. Art and study of recording fingerprints as a means of identification
C. Art of changing fingerprints
D. The study of the pores on the papillary or friction ridges of the skin for the purpose of identification
E. NOTA

A

A. Art of comparing fingerprints for identification

61
Q

Which of the following is TRUE in estimating how long a person has been dead from cooling of the body?

A. When the body temperature is normal at the time of death, the average rate of fall of the temperature during the second hour is one-half the difference of the body temperature and that of air
B. During the next two hours, the temperature fall is 1/3 of the previous rate, and during the succeeding two hours, it is 1/2 of the last mentioned rate
C. As a general rule the body attains the temperature of the surrounding air from 8-10 hours after death in tropical countries
D. To make an approximate estimate of the duration of death from the body temperature the ff formula is used: (Rectal temperature) 98.4 - (Normal Temp)/1.5
E. NOTA

A

E. NOTA

62
Q

Methods of estimating how long a person has been dead from cooling of the body:

A
  1. When the body temperature is normal at the time of death, the average rate of fall of the temperature during the first hour is one-half the difference of the temperature and that of air
  2. During the next two hours, the temperature fall is 1/2 of the previous rate, and during the succeeding two hours, it is 1/2 of the last mentioned rate
  3. As a general rule the body attains the temperature of the surrounding air from 12-15hours after death in tropical countries
  4. To make an approximate estimate of the duration of death from the ff formula: (Normal temp) 98.4 - (Rectal temp)/1.5
63
Q

Which of the following tests determines whether the specimen is of human blood or not:

A. Acetone-hemin of Wagenhaar Test
B. Puramine Test
C. Takayama test
D. Precipitin Test
E. Berberio’s Test

A

D. Precipitin Test

64
Q

Which of the following is a characteristic of exit wounds?

A. Abrasion collar present
B. Products of combustion present
C. Size is bigger in cases of contact fire
D. Edges are inverted
E. Variable shape

A

E. Variable shape

> Exit wounds: Size bigger except in contact fire, shape is variable, abrasion collar absent, products of combustion absent, edges are everted and punch out

65
Q

Cadaveric spasm is also known as:

A. Rigor Mortis
B. Postmortem muscular irritability
C. Instantaneous rigidity
D. Postmortem rigidity
E. AOTA

A

C. Instantaneous rigidity

66
Q

Killing a child less than 3 days old is called?

A. Parricide
B. Murder
C. Infanticide
D. Abortion
E. NOTA

A

C. Infanticide

67
Q

Method of conducting a search in which in which the area is blocked out in the form of a rectangle in which the searcer proceeds slowly at the same pace along the path parallel to the one side of the rectangle?

A. Zone
B. Wheel
C. Spiral
D. Strip
E. Grid

A

D. Strip

> Strip Method: area is blocked out in the form of rectangle. The searcher proceeds slowly at the same pace along the path parallel to the to the side of the rectangle.

68
Q

The searchers will traverse first parallel to the base and then parallel to the side

A

Grid Method

69
Q

The searchers follow each other in the path in the spiral manner beginning from the center towards the outside or vice versa

A

Spiral Method

70
Q

The searchers gather at the center and proceed outwards along radii or spokes

A

Wheel Method

71
Q

Whole area is divided into subdivision or quadrants and search is made in the individual quadrants

A

Zone Method

72
Q

These are the damages imposed on a physician as a punishment and to serve as an example for the medical profession:

A. Liquidated damages
B. Temperate damages
C. Compensatory damages
D. Nominal damages
E. Corrective damages

A

E. Corrective damages

73
Q

TRUE of simple seduction EXCEPT:

A. The offended party over 12 years old but less than 18 years old
B. Offended party must be single or a widow of good reputation
C. Sexual intercourse with the offended party
D. Deceit
E. The offender commits the act by abuse of authority

A

E. The offender commits the act by abuse of authority

Simple Seduction:
1. The offended party over 12 years old but less than 18 years of age
2. Offended party must be single or a widow of good reputation
3. Sexual Intercourse with the offended party
4. Deceit

74
Q

Requires a MD to produce documents or papers in his possession:

A. Subpoena ad testificandum
B. Subpoena duces tecum
C. Subpoena duces tecum et ad testefecandum
D. Injunction
E. NOTA

A

B. Subpoena duces tecum

75
Q

MD is required to appear before a trial or investigation

A

Subpoena ad testificandum

76
Q

MD is required to produce some documents which are under his control or possession that are pertinent to the issues of the controversy

A

Subpoena duces tecum

> Subpoena duces tecum et ad testificandum: combination of 2

77
Q

This type of law pescribes the right and obligations of persons in their daily relation with each other and with society.

A. Natural law
B. Substantive law
C. Procedural law
D. Public law
E. Divine law

A

B. Substantive law

78
Q

One of the ff is not a function of the Board of Medicine

A. Determining and preparing contents of the licnesure exams
B. Promulgaging rules and rgulation for the proer conduct of the examinations
C. Administering the licensure examinations
D. Administering the oath
E. Investigating violations, issues and subpoenas

A

C. Administering the licensure examinations

> Administering and conducting the licensure exam is a function of the Professional Regulatory Commision and not the Board of Medicine

79
Q

Which one of the following is an act that constitutes the practice of Medicine?

A. Any medical student enrolled in the medical school under direct supervision of a physician
B. Registered nurse who takes blood pressure of patients and gives advices to lower blood pressure
C. Registered optometrist engaged in mechanical examination of the eye
D. A lay person who gives CPR to a stranger who had a heart attack
E. A grandmother who gives salabat to his grandchild who has cough

A

B. Registered nurse who takes blood pressure of patients and gives advices to lower blood pressure

> A registered nurse can take a patient’s BP but if one gives advices or precribes treatment one is ocnsdered practice of Medicine and is therefore illegal. All other acts does not constitute practice of Medicine

80
Q

ALL of the ff persons can have limited practice without any certificate of registration EXCEPT?

A. MD’s from other countries called for consultation and exclusively for specific cases
B. Foreign MDs employed as exhange professors in special branches of Medicine
C. Commisioned Medical officers of the US armed forces
D. Graduates of medicine during ROTC training
E. Plastic surgeons from the US form Operation Smile with proper authorization

A

D. Graduates of medicine during ROTC training

> Med students who have completed the first 4 years of Medicine, graduates of Medicine and RN may be given limited and special authorization by the secretary of Health durign epidemics or national emergencies only.

81
Q

A patient follows the advice of his physician fully because he trusts that his doctor knows best. What kind of psychological pattern of MD-patient relationship is being described?

A. Guidance-cooperation relation
B. Activity-passivity relation
C. Mutual paricipation relation
D. Fraternity-trust relation
E. Camarederie-respect relation

A

A. Guidance-cooperation relation

> In a guidance cooperation relation- patient is conscious, seeks advice and hel and is willing to cooperate. MD is in a position of trust.

82
Q

The ff are duties and obligations imposed on the physician in the MD patient relationship:

A. He should possess the knowledge and skill of which an average MD is expected.
B. He should use use such skill and knowledge with ordinary care and diligence
C. He is obliged to exercise the best judgement
D. He has a duty to observe the utmost good faith
E. He has a duty that the treatment will benefit and not harm the patient

A

E. He has a duty that the treatment will benefit and not harm the patient

> The MD-Patient relationship does NOT imply any promise that the treatment will benefit the patient not does not promise that the treatment will not harm the patient i.e. cancer chemotherapy

83
Q

One of the ff is an incidental right of a physician and not an inherent right?

A. To choose patients
B. Limit one’s practice
C. Exemption from execution of instruments and library
D. Determine the appropriate management
E. Avail of hospital services

A

C. Exemption from execution of instruments and library

84
Q

Dr. Octavius works in Oscorp Industries as a company doctor. He treats the employyes of the patients exclusively during office hours and does it poorly. What kind of medical fee is he under?

A. Simple contractual fee
B. Straight fee
C. Contingent fee
D. Dichotomous fee
E. Retainer fee

A

E. Retainer fee

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

85
Q

All of the ff are instances wherein the MD cannot recover the professional fee EXCEPT?

A. When the patient died due to an honest mistake by the doctor
B. When there is an agreement that the service is gratitious
C. Doctors in government charity hospitals, health centers and rural health units
D. Those covered in Medicare
E. When there is expressed contract to cure and the MD fails to comply with such agreement

A

A. When the patient died due to an honest mistake by the doctor

86
Q

What is the evidence needed for conviction of a physician in an administrative case?

A. Guilt beyon reasonable doubt
B. Preopenderence of evidence
C. Substantial evidence
D. Autoptotic evidence
E. Circumstantial evidence

A

C. Substantial evidence

> Criminal- Guilt beyond reasonable doubt
Civil- Prepoderence of evidence
Adminstrative- Substantial evidence

87
Q

The pathologist diagnosed a tissue as being malignant when it was infact benign leading to a accidental mastectomy. The patient filed charges to the pathologist and the hospital as well. Filing of charges agaisnt the hospital is according to what doctrine?

A. Borrowed servant doctrine
B. Captain of the ship doctrine
C. Doctrine of Res Ipsa Loquitur
D. Doctrine of Ostensible Agent
E. Doctrine of Vicarious liability

A

> D. Doctrine of Ostensible Agent

Doctrine of ostensible agent states that pathologists, radiologiss and anesthesiologists are employees and at the same time indepedendent contractors of the hospital.

88
Q

After incision and drainage in the OPD, the pateint failed to take his antbiotics and developed sepsis. He cannot recover damages from the doctor under what doctrine?

A. Doctrine of Contributory negligence
B. Doctrine of Continuing negligence
C. Doctrine of Assumption of risk
D. Doctrine of last clear chance
E. Doctrine of foreseeability

A

A. Doctrine of Contributory Negligence

> It is also known as the doctrine of common fault. It is conduct on the part of the plaintiff, contributing as a legal cause of the harm that he has sufferred which falls below the standrard to which he is req’d to conform for his own protection.

89
Q

Doctor X maliciously harmed the patient with intent because of a personal grudge. Other than the usual damages, he was asked by the court to pay additional damages because of the oppresive nature of the act. What are these damages?

A. Actual damages
B. Compensatory damages
C. Moral damages
D. Corrective damages
E. Nominal damages

A

A-D

There should have been the word EXCEPT in the question. Exemplary or corrective damages are monetary compensation over and abive actual or compensatory damages awarded as punishment or deterrent bec of the wanton, reckless, malicious or oprresive nature of the wrong committed.

90
Q

It is the art of identification by comparison of fingerprints?

A. Dactyloscopy
B. Dactylography
C. Poroscopy
D. Graphology
E. Gonioscopy

A

A. Dactyloscopy

91
Q

All of the ff bones can be used to determine the sex of a human skeleton EXCEPT?

A. Pelvis
B. Skull
C. Femur
D. Sternum
E. Tibia

A

E. Tibia

> To determine the sex: Pelvis, skull, sternum, femur and humerus; to determine the height: Femur, humerus, tibia and radius

92
Q

Which of the ff is a microscopic examination to determine rpesence of blood?

A. Berberio’s test
B. Florence test
C. Gonzales test
D. Guaiacum test
E. Teichmann’s test

A

E. Teichmann’s test

> Guaiacum test is a chemical examinaiton of the blood not a microscopic exam.

93
Q

It is the complete, persistent and continuous cessation of the vital functions of the brain, heart and lungs which maintain life and health?

A. Molecular death
B. Cellular death
C. Brain death
D. Somatic death
E. Permanent death

A

D. Somatic death

94
Q

Which of the statements is true regarding post-mortem rigidity?

A. It is also known as heat stiffening
B. Usually the whole body becomes stiff in 12 hours
C. It occurs immediately after death
D. Later onset in the aged and the newborn
E. Can be used to determine the nature of the crime

A

B. Usually the whole body becomes stiff in 12 hours

> It is also known as rigor mortis/cadaveric rigiditiy. It occurs 3-6 hours after death and occurs early in thr aged and newborn. Cadaveric spasm not rigor mortis can be used to determine the nature of the crime.

95
Q

All of the statements regarding post mortem lividity is correct EXCEPT?

A. It is the breaking down of the complex proteins of the body into simpler components
B. Blood moves away from the dependent part of the body
C. It can appear elevated from the rest of the skin because of blood accumulation
D. Color is heterogenous and becomes brownish red at the start of decomposition
E. It can indicate the manner of death

A

Answer is ABCD. I apologize, the word EXCEPT should have been omitted in the question. Cadaveric lividity or Livor mortis is the manner through which blood accumulates in the msot depended portion fo the body. Color is uniform but isi suualy greensih at the start fo the decomposing process. The color of the body can guide the examiner in the manner of death.

96
Q

During an altercation, the nagging wife accidentally sprayed sulfuric acid on the jobless husband’s face henceforth losing his sight on the left eye. The wife can be charged with what offense?

A. Prison mayor
B. Prison correctional in its medium and maximum pd
C. Prison correctional in its minimum and medium pd
D. Arresto mayor
E. Destierro

A

B. Prison correctional in its medium and maximum pd

> Prison correctional in its medium and maximum pd- loss of speech or the power to hear, smell, loss of one eye, a hand, foot, an arm or leg.

97
Q

Which of the following organs is NOT included in examination for suspected barbiturate poisoning?

a. stomach
b. blood
c. liver
d. kidney
e. urine

A

B. Blood

> Blood levels are utilized for alcohol, pesticide, antibiotic, kerosine, and gasoline.

98
Q

In M.J. Cuenco Avenue, a motorcyclist was hit by a 10 wheeler truck. On examination of the driver, he face was noted to be flushed with eyeballs congested. He is observed to be reckless, with difficulty in articulation, talkative and argumentative. Which of the following degrees of alcohol intoxication is present in the driver?

a. slight inebriation
b. moderate inebriation
c. drunk
d. very drunk
e. coma

A

b. moderate inebriation

A - no signs of mental impairment or incoordination of movement and difficulty of speech
C - confused, irregular behavior and uncontrollable, thick speech and incoordinated
D - disoriented, walking impossible, marked motor incoordination

99
Q

Which of the following refers to children conceived by prostitutes?

a. sacrilegous children
b. incestuous children
c. manceres
d. adulterous children
e. natural children

A

c. manceres

100
Q

How long shall a woman remarry following the death of her husband or annulment of their marriage if she is currently pregnant?

a. 180 days
b. 240 days
c. 300 days
d. 365 days
e. none of the above

A

c. 300 days

101
Q

Mrs. CTM is a prominent Gynecologic Oncologist in Cebu. She was on her way to a hospital to attend a clinico-pathological conference as she is one of the speakers. While driving along Maxilom Avenue, she beat the red light and counter flowed the traffic on the other side. Which of the following is TRUE?

a. she has no right to disobey traffic rules
b. as a doctor, she is given priority and right of way
c. it is an emergency and her drivers license will not be confiscated
d. she can beat the red light but not counter flow the traffic on the other side
e. none of the above

A

a. she has no right to disobey traffic rules

102
Q

Which of the following is an inherent right of the physician?

A. Getting paid for medical services
B. Perform laparoscopic surgery
C. Being elected as president of PMA cebu chapter
D. Have clinic hours on TThS at Aventus Clinic
E. Beat a red light In traffic when responding to an emergency

A

D. Have clinic hours on TThS at Aventus Clinic

> Inherent rights include: choose patients, limit practice, determine appropriate procedure, avail hospital services

103
Q

Which of the following occurs among those working in ill - ventilated places with dry and high temperatures or direct exposure to sunlight?

a. heat cramps
b. heat exhaustion
c. heat stroke
d. heat collapse
e. heat syncope

A

c. heat stroke

> heat cramps - involuntary spasmodic painful contraction of muscles due to dehydration and excessive loss of chlorides by sweating. also seen in laborers working in rooms with high temperature and with profused perspiration
heat exhaustion/ collapse/ syncope - due to heart failure caused by heat and precipitated by muscular exertion and warm clothing

104
Q

Which of the following is not construed to be a practice of Medicine?

A. Advertising and offering services by means of cards and letterheads
B. Masseur applying massage
C. Hospital which furnishes accommodations for patients
D. Mother who recommends to helper a household remedy
E. Rendering emergency medical care

A

A. Advertising and offering services by means of cards and letterheads

105
Q

Which of the following is not true of the physician - patient relationship?

A. Patient’s part of the agreement is liability for payment Of services
B. Based on mutual consent
C. Contract deemed not perfected when there is agreement between the offer and the acceptance
D. Physician obliged to attend the patient as long as attention is required
E. Deaf mutes who cannot write cannot give consent

A

C. Contract deemed not perfected when there is agreement between the offer and the acceptance

106
Q

Which of the following refers to a neighbor uttering maliciously the bad habits of a physician in a fiesta gathering in Bohol?

A. Defamation
B. Libel
C. Slander
D. Usurpation
E. None of the above

A

C. Slander

107
Q

Which of the following refers to when an obstetrician performs cesarean sections on all of her patients?

A. Feasance
B. Malfeasance
C. Misfeasance
D. Nonfeasance
E. Disfeasance

A

B. Malfeasance

108
Q

Which of the following is the most important element in determining an employee from an independent contractor?

A. Selection and engagement of the employee
B. Payment of wages
C. Power of dismissal
D. Control of conduct
E. NOTA

A

D. Control of conduct

109
Q

Which of the following refers to damages imposed for pecuniary loss but amount cannot be provided with certainty?

A. Exemplary
B. Temperate
C. Liquidated
D. Moral
E. Actual

A

B. Temperate

110
Q

According to the anti-sexual harassment act of 1995, which of the following has the duty to prevent or deter the acts of sexual harassment?

A. Employees
B. Employers
C. Security guards
D. Administration
E. B and D
F. A and C

A

E. B and D

111
Q

Which of the following does not apply to privilege communication?

A. Patient’s will
B. Malpractice cases
C. Illegal purpose
D. Personal injury suit by patient
E. AOTA

A

E. AOTA

112
Q

Which of the following is TRUE about right of access to medical record?

A. Patient can possess the original copy of the record
B. Insurance service providers have access to the records
C. The hospital is not the owner of the record but the patient
D. Doctor cannot have a photocopy of the record
E. NOTA

A

B. Insurance service providers have access to the records

113
Q

Which of the following is not an element of informed consent?

A. Comprehension
B. Voluntariness
C. Sufficient information
D. Competency
E. NOTA

A

E. NOTA

114
Q

Which of the following is Not an element of a felony?

A. Must be external acts
B. Punishable by civil law
c. Performed By means of culpa or fault
D. Deceit
E. NOTA

A

B. Punishable by civil law

115
Q

Which of the following is not an exempting circumstance from criminal liability?

A. 13 years old
B. Manic patient killing a doctor during a relapse of his psychosis
C. 17 years old female shooting his father dead because of her hatred
D. Patient died in the ward due to undiagnosed ruptured aneurysm
E. NOTA

A

C. 17 years old female shooting his father dead because of her hatred

116
Q

Which of the following is res ipsa loquitor not applicable?

A. Treatment did not produce desired results
B. Knocking out a tooth during intubation
C. Leaving an epidural catheter which resulted to infection
D. Lacerations on scalp of neonate during cesarean section
E. NOTA

A

A. Treatment did not produce desired results

legal medicine ⚖️ (10 decks)

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