MEDICAL JURISPRUDENCE: THE PRACTICE OF MEDICINE

Sergio P. Paguio, MD., LL.B., FPSP, FPSO
Quiz Recap

1. What is Medical Jurisprudence?
- Medical jurisprudence is a set of laws that govern the practice of
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medicine.

2. What do you call the law that is not enforced by the state?
- Non-jural law
3. Who is responsible for administering the Physician’s Licensure Exam, the
PRC or the Board of Medicine?

-

Board of Medicine

4. Under what power of the state is health included?
- Police power
5. What is the goal of the profession of medicine?
- Service to humanity

2. Who shall by means of signs, cards, advertisement, written or printed

matter, or through the radio, television or any other means of
communication, either offer or undertake by any means or method to
diagnose, treat, operate, or prescribe any remedy for any human
disease, injury, deformity, physical mental or psychical condition.

The purpose of this 2nd provision is to protect the people who
through deceptive advertisement or machination may be able to induce
them to be under the medical service of one who is not in a capacity to
do so.

*What to place in your prescription pad:

1. Name
2. Field of Practice
3. Clinic hours in various hospitals you are affiliated with
4. Initials of the degrees you achieved as a physician

Example:
What is the practice of medicine?

Is a privilege or franchise granted by the state to any person to
perform medical acts upon compliance with law.

The law referred to is the Medical Act of 1959.
♥ The practice of medicine consists of judging the nature, character and
symptoms of a disease, in determining the proper remedy to the
disease.
♥ The practice of medicine means the diagnosis and application and the
use of medicine and drugs for curing, mitigating or relieving bodily
disease or conditions.
*Any form of treatment (i.e. traditional or non-traditional) can be considered
as practice of medicine as long as these procedures are done by a duly
licensed physician,
ACTS CONSITITUTING THE PRACTICE OF MEDICINE

1. Who shall, For compensation fee, salary or reward in any form paid to
him directly or indirectly or through another, or even without the same,
physically examine any person and diagnose, treat, operate or prescribe
any remedy for human disease, injury, deformity, mental or physical
condition or any ailment, real or imaginary, regardless of the nature of
remedy or treatment administered, prescribed or recommended.





From the first provision:
Physically examine a person and diagnose
Physically examine a person and treat
Physically examine a person and operate
Physically examine a person and prescribe any remedy.

♥ Provided that the above mentioned acts are performed, the following
do not affect the act as to the practice of medicine:

Whether or not the act was done with or without compensation.

Regardless of the nature of the remedy or treatment
administered.
DEFINITION OF TERMS:

MEDICAL DIAGNOSIS - is the art of balancing probabilities.

DIAGNOSIS - is a mental process whereby one or more persons
appraise a situation and make a decision based on their judgment that
may or may not lead to action.

TREATMENT – all steps taken to effect a cure of an injury or
disease.

OPERATION - is an act or succession of acts performed upon the
body of a patient for his relief or restoration of normal condition. Either
by manipulation or the use of surgical instruments or both.

PRESCRIPTION – is a direction of remedy or remedies for a disease
and the manner of using them; a formula for the preparation of a drug
and a medicine.
Transcribed by: KC

*NEVER place the name of the institution where you trained in because it is
considered unethical. See paragraph above for the reason why.
*It is NOT unethical to place your diploma in your clinic.

3. Who shall use the title of M.D after his name.
*Post Graduate Interns (PGI) are NOT allowed to affix M.D. after their names
because of the premise that they haven’t passed the Physician’s Licensure
exam yet.
*The title Doctor can be added to their names during internship.
3 Medical Schools granted with CHED Deregulated Status

1. UPCM
2. UST-FMS
3. PLM-CM

WHO ARE QUALIFIED TO PRACTICE MEDICINE IN THE PHILIPPINES?

1. Those who complied with the prerequisites to the practice of medicine
in accordance with the medical act.

2. Those

who can have limited practice without any certificate of
registration.

Ex. Foreign doctors doing medical missions for
Operation Smile. They are allowed to operate on patients with
cleft palate but they are not allowed to prescribe medications as
their permit is limited

3. Balikbayan physicians – P.D 541 allowing former Filipino Professionals to
practice their respective professions in the Philippines.

Possible if the physician is board certified in the
Philippines. If the physician ever comes back, he/she will just go to
PRC and present a certification that he/she practiced abroad.

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those sound of mind and body as well as the infirm. Those with revoked license 2. ➪ Applicable to the Reciprocity Clause 5. ♥ Only NATURAL person can practice medicine. may I enjoy life and art. but a sick human being. Specialist 2.ADMINISTRATIVE LIABILITIES Penalty imposable is reprimand or suspension or revocation of license ➪ File at Professional Regulations Commission Transcribed by: KC 2 . ➪ I will not be ashamed to say "I know not. CIVIL LIABILITIES : There is a wrongful act of a physician. Those with extreme physical disability 3. ➪ I will respect the privacy of my patients. lack of foresight or lack of skills. May I always act so as to preserve the finest traditions of my calling and may I long experience the joy of healing those who seek my help. A civil suit is filed against physicians and/or hospitals are premised on recovery of damages for their wrongful act or of the employees. ➪ I will prevent disease whenever I can. whose illness may affect the person's family and economic stability. a cancerous growth. and gladly share such knowledge as is mine with those who are to follow. References ➪ Dr. *Group practice is beneficial due to referral system. ➪ I will remember that I do not treat a fever chart. If it is given me to save a life. General b. ➪ ➪ C. if I am to care adequately for the sick. CRIMINAL LIABILITIES: When the act or omission of a physician constitute a crime. for their problems are not disclosed to me that the world may know. My responsibility includes these related problems." nor will I fail to call in my colleagues when the skills of another are needed for a patient's recovery. all measures [that] are required. *The clinical abstract is given to the court in lieu of the medical record. Those foreign physicians qualified to practice by reciprocity or by endorsement. ➪ I will remember that there is art to medicine as well as science.4. the patients give gifts if you have established rapport with them. respected while I live and remembered with affection thereafter. Those of unsound mental status 4. *related to money ➪ ➪ *related to moral trepidation HIPPOCRATIC OATH ➪ I swear to fulfill. and that warmth. ➪ If I do not violate this oath. (starts at birth and ends at death). PENALTIES OF ILLEGAL PRACTICE: A. negligence. Those with highly infectious disease. and understanding may outweigh the surgeon's knife or the chemist's drug. As to the scope of practice: a. individual b. Most especially must I tread with care in matters of life and death. to the best of my ability and judgment. Some see it as a form of compensation but if the purpose of the patient is not to reward you for your service. ➪ ”Proof beyond reasonable doubt”. * The patient’s chart is for your eyes only. Hospital 3. Limited practitioners of healing art. it doesn’t make you liable. Clinic b. Physicians who practice acupuncture 6. avoiding those twin traps of over-treatment and therapeutic nihilism. which may be done with deliberate intent or on account of imprudence. Paguio’s Power Point ➪ KC’s notes END OF TRANS B. with special obligations to all my fellow human beings. As to the venue of practice: a. this awesome responsibility must be faced with great humbleness and awareness of my own frailty. sympathy. *No doctor in the Philippines has been charged of criminal liabilities yet *Criminal liabilities are considered if the act is done deliberately or on account of imprudence *if you have done everything in your power to help the patient. group *If the hospital you trained in isn’t accredited by a medical organization. As to number: a. But it may also be within my power to take a life. PHYSICIAN ➪ ➪ ➪ Licensed Physician License to practice medicine One who has received a degree from an institution and one that is lawfully engaged in the practice of medicine. ➪ Sometimes. this covenant: ➪ I will respect the hard-won scientific gains of those physicians in whose steps I walk. ➪ WHO definition: ➪ is a person who after completing his secondary education follows a prescribed course of medicine at a recognized university or medical school. Those who cannot practice medicine anymore are the following: 1. Above all. ➪ I will remember that I remain a member of society. it is not unethical to receive gifts. for prevention is preferable to cure. Medical Students – renders service under the direct supervision and control of registered physician without any compensation. ➪ Ex. you are still considered to have earned your residency training but you are not entitled to work in tertiary hospital. CLASSIFICATION OF MEDICAL PRATICE 1. all thanks. ➪ I will apply. starts with a complete history and physical exam and proper record keeping. for the benefit of the sick. I must not play at God.