Professional Documents
Culture Documents
Medical Jurisprudence
Medical Jurisprudence
- concerns law and legal concepts which has to do with the practice of medicine.
Purpose of the study:
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Law
is a body of rules to regulate the conduct of its members.
Classification:
1. Law which is not enforced by the State:
2. Law which is enforced by the State
a. As to purpose :
b. As to nature of the subject matter:
Sources:
1. Constitution
2. Enacted by Congress
3. Decrees, Orders, Proclamations
4. Administrative acts, orders, rules, regulations
5. Local customs
6. Principles of International law
The Law and the Practice of Medicine
The right to regulate the practice of medicine is based on the police power of the
state whose purpose is for the good and welfare of its people.
By: 1. Licensure laws
2. Code of Ethics
3. Criminal laws
4. Civil law
5. Medical Societies
6. Hospital rules and Regulations
7. Public opinion
PRACTICE OF MEDICINE
It is a privilege granted by the state to any person to perform medical acts upon
compliance with the law.
Medical Act of 1959 promulgated by the state in the exercise of the
police power.
Acts constituting the practice of medicine
A person who shall for compensation or none physically examine any person,
diagnose treat, operate or prescribe ( DTOP) any remedy for human disease.
1. By means of advertisement and the like either offer to undertake method
to diagnose, treat, operate or remedy.
2. Who shall falsely use the title of M.D.after his name.
Not considered a Practice of Medicine
1. A medical intern under the supervision of a registered physician.
2. Legally registered dentist engaged exclusively in practice of dentistry.
3. Any duly registered masseur or physiotherapist.
4. Registered optometrist who mechanically fits or sells lenses.
5. Any person who renders gratuitously in cases of emergency where no MD
is available.
6. Prosthetist who fit artificial limbs
7. Clinical psychologist in regards to psychiatric cases.
Faith healing, healing by prayer or divine healing or Acupuncture
- there is nothing in the Medical Act exempting faith healing from the definition of
the acts which constitutes practice of medicine.
WHO ARE QUALIFIED TO PRACTICE MEDICINE:
1. Those who complied to practice medicine in accordance to the Medical
Act.
2. Those who can have limited practice without Cert. of Registration like the
Foreign physicians, Medical students.
3. Balikbayan physicians
4. Foreign physicians qualified to practice by reciprocity.
5. Limited practioners of the healing art like nurses, dentist, opto, M.T., MW.
PT, Masseur, Chiropodist,Chiropractor
Only natural person can practice medicine.
Types of medical services which the patient may solicit from his physician:
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What the law implies in the PPR - the physician will render service.
Commencement of the PPR
- the physician is obliged to comply with the legal duties and responsibilities.
- When a patient ask a physician to treat and the moment the M.D. willingly
agrees is the start.
Termination of the PPR
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RIGHTS OF PHYSICIANS
Rights INHERENT in the privilege to practice medicine
1. Right to choose patient, even if no other M.D.: except in emergencies
2. To limit the practice of his profession.
= Only in his field of specialty.
= Private clinic or hospital
= Within political or geographical boundary.
= Only on certain days, hours of the day.
= Certain class of people.
= By dictates of his conscience.
= Ignorance
= Retirement
From other sources:
= Imposed by the public.
= Religion abortion
= Professional ethics
= Medical society
= Imposed by law
= By contract
3. To determine the appropriate management procedures.
= frequency of visits
= Doctrine of superior knowledge pt. follows
4. Right to avail hospital services.
Rights INCIDENTAL in the privilege to practice medicine
1. Right of way while responding to call of emergency.
2. Right of exemption from execution of instruments and library.
= not deprive physicians to practice of healing.
3. Right to hold certain public or private offices.
4. Right to compensation even unconscious due to Implied contract.
= Doctrine of unjustified enrichment: service rendered, service paid
5. Right to membership in medical societies.
Rights generally enjoyed by every citizen as provided in the Bill of Rights.
RIGHTS OF PATIENTS
1. Give consent to diagnostic and treatment procedures inform pt.
2. Religious belief
3. Privacy
4. Disclosure of information
5. Confidential information
6. Choose his physician
7. Treatment
8. Refuse necessary treatments
a)
b)
NOT NECESSARY:
a)
b)
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4.Right of Disclosure
= Being fiduciary the patient is obliged to disclose pertinent facts regarding
the illness with good faith and strict honesty- if not, guilty of fraud.
= May not reveal remote possibilities to the patient.
5. Right of Confidential information
= Physician is not allowed to divulge to a 3rd party.
a) Statutory Privileged Communication
Not in a civil case that may blacken the character of the patient.
b) Ethical or Professional Confidential Information Sacred trust
Main purpose: to make patient fully disclose all facts and circumstances.
NOT APPLICABLE:
a) When such disclosure is necessary to serve the best interest of
justice. = Criminal in nature ,Child abuse, Physical injuries.
b) When disclosure of information will serve public health and safety.
c) When the patient waives to the confidential nature of such
information.
6. Right to Choose his physician
7. Right to Treatment in emergency cases
= immediate emergency medical assistance to dying and
serious physical injuries. . First aid treatment.
8. Right to Refuse necessary treatment
= To determine what must be done to his own body.
= Parents have no right based on religious belief or other grounds to deny
medical treatment to their child.
= The state under the Doctrine of Parens Patriae to assume
guardianship when the child is neglected by the parents to have the
child treated.
Other rights of patients:
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LIABILITIES OF PHYSICIANS
Factors bringing increasing frequency of the complaints against
physicians:
1. Gradual disappearance of the Family physician.
2. The doctors loose talk or unethical coaching of other physicians.
3. Breakdown in communication and rapport between the physician and his
patient.
4. Disservices made by the mass communication media.
5. Malpractice is a sort of disease of society which may be endemic or
epidemic form.
6. Incompetence of the practitioner and commercialization of medical practice.
7. Proliferation of medicinal drugs.
8. Changing attitude of the physician in the management of his patient.
Classification of Liabilities of Physician arising from his wrongful act or
omission:
1. Administrative liability Right granted to heal withdrawn > police power.
2. Criminal liabilities
- Imprisoned or fined as penalty
3. Civil liabilities
- Moral and punitive damages
ex: Negligence penalized in RPC, CC, Medical Act of 1959
1. ADMINISTRATIVE LIABILITY
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LIABILITIES OF HOSPITALS
Hospital primarily a service institution whose concern is to serve patients,
doctors, and the public.
- it cannot practice medicine
Primary duties of a hospital:
1. To furnish a safe and well maintained building and ground
2. To furnish adequate and safe equipments
3. To exercise reasonable care in the selection of the of the hospital staff.
Classification of liabilities of the hospital:
1. Corporate liabilities: = Failure to furnish accommodations, facilities
= Safe and reliable equipments
= Failure to make careful selection, supervision of its
employees
2. Vicarious liabilities
borrowed servant
= Nursing staff: student nurse
= Medical interns, Residents
Specialist an independent contractor
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Medical Records:
1, To document patients Hx, P.E., Tx
2. To aid in the continuity of care
3. To provide a record of billing
When may the contents of the medical record be disclosed:
1. When requested by the patient made into writing
2.When the law require such disclosure
3. Upon Court order
***Removal, erasure > removed deliberately to suppress evidence
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HUMAN TRANSPLANTATION
= A minor cannot give consent to be a donor for transplantation even if he has
the full capacity to discern or nearing age of majority., not benefit the minor.
Basis of Death:
1. Unreceptivity and unresponsiveness
2. No movement or breathing
3. No reflexes
4. Flat EEG best confirmation.
Certification of Death: present for at least 2 hours before death is certified.
FERTILITY CONTROL
Fertility Control Methods is within the bounds of law:
1. It must be voluntary.
2. No life must be destroyed
3. Public welfare must be amply protected.
4. Sexual enjoyment must not be impaired.
Guidelines in the application of contraceptive procedures:
1. Informed consent must be obtained before the application of the procedure.
2. The provider must respect the right of religion of the patient.
3. In the application of the contraceptive or sterilization procedure care and
diligence must be observed.
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HIPPOCRATIC OATH
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