Physician Patient Relationship

Question 1

meeting the minds between two persons

Answer 1

Contractual

Question 2

based on mutual consent
→ Physician consents to render service, patient
agrees to accept service

Answer 2

Consensual

Question 3

based on mutual trust and confidence

Answer 3

Fiduciary

Question 4

manifested by meeting of the offer and acceptance upon the thing and the cause

Answer 4

Consent of the contracting parties

Question 5

must be legal, determinate and not outside the commerce of man (medical service)

Answer 5

Object which is the subject matter of the contract

Question 6

the factor that instigated the physician to render medical service to the patient. It may be remuneratory or an act of benevolence

Answer 6

Cause or consideration

Question 7

Expressed contract can either be 2 things

Answer 7

1. Oral

2. Written

Question 8

Not created in explicit agreement (but inferred by law) as a reason and justice for their acts or conduct.

Answer 8

Implied Contract

Question 9

Example of implied contract

Answer 9

when a physician opens a clinic, he offers
medical service; and when the patient comes in, he is
accepting the offer. There is no presented or signed
contract, but there is agreement

Question 10

5 INSTANCES WHERE THERE IS NO PHYSICIAN-PATIENT

RELATIONSHIP

Answer 10

• Pre-employment physical examination
• Physical examinations for eligibility issues
• Physician was appointed by a trial court
• Surgeon performing an autopsy
• Casual questions directed to a physician in a casual meeting

Question 11

3 PATTERNS OF PHYSICIAN-PATIENT RELATIONSHIP

Answer 11

1. Activity-Passivity Relation
2. Guidance-Cooperation Relation
3. Mutual Participation Relation

Question 12

PHYSICIAN-PATIENT RELATIONSHIP In emergency cases Patient is comatose/ unconscious/stroke

Answer 12

Activity-Passivity Relation

Question 13

Physician considers himself in position of
trust and Patient is fully conscious and compliant to
instructions.

Answer 13

Guidance-Cooperation Relation

Question 14

Patient thinks he is juristically equal with the
physician. The patient is usually uncooperative. most Medical malpractice
occurs, a potential lawsuit.

Answer 14

Mutual Participation Relation

Question 15

(SPECIFIC TYPES OF MEDICAL SERVICES) WHICH THE PATIENT MAY SOLICIT FROM HIS PHYSICIAN

Answer 15

1• Specific testing
2• Examine and advise on present state
3• Recommend appropriate remedy 
4• Give emergency treatment only
5• Treat him as to only one or more conditions
6• Treat patient fully
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Basically anything that you expect when you have a check up with a doctor. Addition to this is emergency treatment because I haven't experienced this yet

Question 16

4 (DUTIES AND OBLIGATIONS) IMPOSED ON THE PHYSICIAN

Answer 16

1. He should possess the knowledge and skill of which an average physician is expected
2. Knowledge of ordinary care and diligence
3. Exercise the best judgment
4. Exercise utmost good faith

Question 17

Sources of knowledge or skill every physician should possess

Answer 17

→ Medical college or school
→ Research work, medical journals
→ Lectures, seminars, conference
→ Discussions with fellow physicians

Question 18

physician applies the method of diagnosis and
treatment in which physicians in the same locality would have applied when confronted with a similar cases under the same situation

Answer 18

Locality rule

Question 19

The physician can do what other physicians “in the same and similar locality” could have done to the patient.

Answer 19

Similar locality rule

Question 20

Doctors should have the same standards as other

doctors if with the same training

Answer 20

National standard of care

Question 21

A doctor is obliged to exercise the best judgment not _____

Answer 21

correct judgement

Question 22

sole tribunal to judge a physician’s failure to
fulfill his obligation to his patients is, in most
cases, his own conscience

Answer 22

Duty to observe utmost good faith

Question 23

TERMS NOT INCLUDED IN PHYSICIAN-PATIENT

RELATIONSHIP

Answer 23

1. No promise that treatment will be successful
2. No promise that treatment will benefit the
   patient
3. No promise that treatment will not hurt
4. No promise that the physician will not commit honest mistakes

Question 24

Law implies that physician will render ____ and not to ____ the patient.

Answer 24

medical service; cure

Question 25

5 DUTIES AND OBLIGATIONS IMPOSED ON THE PATIENT

Answer 25

1. To give an honest medical history
2. Cooperate and follow instructions
3. To inform the physician of what occurred during the course of the treatment for proper evaluation
4. To state whether he understands all instructions
5. To exercise prudence and not act as if he was a stranger to his own problems
   ____________________________
   Basically a patient must be honest, prudent and cooperative with the physician

Question 26

WHEN DOES THE COMMENCEMENT OF PHYSICIAN-PATIENT

RELATIONSHIP HAPPEN?

Answer 26

Time the physician is obliged to comply with the legal duties and responsibilities to his patient

Question 27

Duties and obligations imposed on a physician to the patient ceases

Answer 27

TERMINATION OF PHYSICIAN-PATIENT

RELATIONSHIP

Question 28

9 scenarios where termination of physician patient relationship occurs

Answer 28

1. Recovery of the patient
2. Withdrawal of the physician
3. Discharge of the physician by the patient
4. Death of patient
5. Death or incapability of the physician
6. Fulfillment of the contract
7. In cases of emergency, when the attending physician or the patient’s physician of choice is already available or whenever the condition of emergency ends.
8. Expiration of contract
9. Mutual agreement of both parties