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Legal Medicine Midterms Notes PDF
Legal Medicine Midterms Notes PDF
non-payment in part or in full of hospital bills or of the medical sector quickens, and the regeneration
medical expense. of the people as a whole becomes more visibly
attainable. In the institution of cost-cutting
Rights of patients that have fully or partially measures, the hospital has a right to reduce the
recovered, and already wish to leave the hospital or facilities and services that are deemed to be non-
medical clinic, BUT financially incapable to settle essential, such that their reduction or removal would
medical expenses not be detrimental to the medical condition of the
patient.
1. right to leave the hospital or medical clinic
2. right to demand the issuance of the For the moment, the question to be considered is
corresponding medical certificate and other whether the subject facilities are indeed non-
pertinent papers required for the release of essential - the air-conditioner, telephone, television,
the patient from the hospital or medical and refrigerator – the removal of which would cause
clinic upon the execution of a promissory the adverse health effects and emotional trauma the
note covering the unpaid obligation respondents so claimed. Corollary to this question is
3. In case of a deceased patient, any surviving whether the petitioner observed the diligence of a
relative has the right to demand the good father of the family in the course of
corresponding death certificate and other ascertaining the possible repercussions of the
documents required for interment and other removal of the facilities prior to the removal itself
purposes. (Also, under PD 651, hospitals and for a reasonable time thereafter, with a view to
are required to issue a death certificate even prevent damage.
if hospital bills are not yet paid)
After an extensive analysis of the record, it becomes
Execution of promissory note is required rather worrisome to this Court that the courts a quo
unreservedly drew their conclusions from the self-
The rights of the patients can only be exercised after serving and uncorroborated testimonies of the
executing and securing a promissory note, either by respondents the probative value of which is highly
a mortgage or by a guarantee of a co-maker, who questionable. We hold that the respondents failed to
will be jointly and severally liable with the patient prove the damages so claimed.
for the unpaid obligation.
The evidence in the record firmly establishes that
The hospital can choose the guarantor or the co- the staff of the petitioner took proactive steps to
maker. It has the right to make sure that the co- inform the relatives of respondent Chua of the
maker is capable of paying or fulfilling the removal of facilities prior thereto, and to carry out
obligation. the necessary precautionary measures to ensure that
her health and well-being would not be adversely
Case: Manila Doctors v. Chua and Ty affected.
Ruling: The operation of private pay hospitals and A patient cannot be detained in a hospital for non-
medical clinics is impressed with public interest and payment of the hospital bill The form of restraint
imbued with a heavy social responsibility. But the must be total; movement must be restrained in all
hospital is also a business, and, as a business, it has directions. If restraint is partial, e.g., in a particular
a right to institute all measures of efficiency direction with freedom to proceed in another, the
commensurate to the ends for which it is designed, restraint on the person's liberty is not total.
especially to ensure its economic viability and
survival. And in the legitimate pursuit of economic However, the hospital may legally detain a
considerations, the extent to which the public may patient against his will when he is a detained or
be served and cured is expanded, the pulse and life convicted prisoner, or when the patient is
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Legal Medicine (Atty. Capule) – Midterm Notes (As per pointers)
single Filipino who was issued a license to practice schizophrenia. Nevertheless, the subpoena was
medicine by the Japanese Government is untenable. issued. Counsel for Nelly filed an urgent motion to
What the law requires is for the foreigner to quash the subpoena. Respondent‘s counsel claimed
show proof that a Filipino can practice in his that the witness will testify as an expert witness and
foreign country. It is enough that the laws in the would not testify on any information acquired while
foreign country permit a Filipino to get license and attending to the petitioner in a professional capacity.
practice therein. Requiring respondent to prove first Lower Court ruled in favor of Juan. CA also ruled
that a Filipino has already been granted license and in favor of Juan stating that Nelly failed to establish
is actually practicing therein unduly expands the the confidential nature of the testimony given by
requirements provided for under R.A. No. 2382 and Dr. Acampado.
P.D. No. 223.
Issue: Whether or not there is breach of
V. PRIVILEGED COMMUNICATION confidentiality clause
Sec. 24, RRE. Disqualification by reason of Held: No. In order that the privilege may be
privileged communication. — The following successfully claimed, the following requisites must
persons cannot testify as to matters learned in concur:
confidence in the following cases:
1. the privilege is claimed in a civil case;
xxx
2. the person against whom the privilege is
(c) A surgeon authorized to practice medicine, claimed is one duly authorized to practice
surgery or obstetrics cannot in a civil case, without medicine, surgery or obstetrics;
the consent of the patient, be examined as to any
advice or treatment given by him or any 3. such person acquired the information
information which he may have acquired in while he was attending to the patient in
attending such patient in a professional capacity, his professional capacity;
which information was necessary to enable him to
act in that capacity, and which would blacken the 4. the information was necessary to enable
reputation of the patient him to act in that capacity; and
3. To determine and prescribe the minimum - Of good moral character and of recognized
number and qualifications of teaching standing in the medical profession as
personnel; certified by PMA;
4. To determine and prescribe the minimum - Not a member of any faculty of any medical
required curriculum; school (including any pecuniary interest)
5. To authorize the implementation of
experimental curriculum; Powers, Functions and Responsibilities:
6. To accept applications for admission to a
medical school; 1. To determine and prepare the contents of the
7. To select, determine and approve hospitals licensure examinations;
for training; 2. To promulgate such rules and regulations for
8. To promulgate, prescribe and enforce the the proper conduct of the examinations,
necessary rules and regulations. correction and registration;
3. To administer oath;
2. PROFESSIONAL REGULATIONS 4. To study the conditions affecting the
COMMISSION (PRC) practice of medicine;
5. To investigate violations, issue summons,
To have general supervision and regulation of all subpoena and subpoena duces tecum;
professions requiring examinations which includes 6. To conduct hearings or investigations of
the practice of medicine. administrative cases filed before them;
7. To promulgate decisions on such
Composition: administrative cases subject to the review of
the Commission;
Commissioner 8. To issue certificate of registration;
Two Associate Commissioner 9. To suspend, revoke or reissue certificate of
registration for causes provided by law or by
Functions: the rules and regulations promulgated;
10. To promulgate, with the approval of PRC,
Exercise general administrative, executive and rules and regulations in harmony with the
policy-making functions for the whole agency. provisions of the Medical Act of 1959 and
necessary for the proper practice of
3. BOARD OF MEDICINE medicine.
Its primary duties are to give examinations for the ADMISSION TO THE PRACTICE OF
registration of physicians and supervision, control MEDICINE
and regulation of the practice of medicine.
Prerequisites:
Composition:
1. Minimum age requirement
Six members appointed by the president from a list - at least 21 years of age
submitted by the Executive Council of the PMA.
2. Proper Educational Background
Qualifications: - -Requirements for Admission in the College
of Medicine
- Natural-born citizen; - -Holder of a Bachelor‘s degree;
- Duly registered physician; - -Not convicted of any crime involving moral
- In the practice of medicine for at least 10 turpitude;
years;
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Legal Medicine (Atty. Capule) – Midterm Notes (As per pointers)
3. who shall falsely use the title of M.D. after ILLEGAL PRACTICE OF MEDICINE
his name, shall be considered as engaged in
the practice of medicine. Practice of medicine by any person not qualified
and not duly-admitted to perform medical acts in
By DECISIONS OF COURTS, the following are compliance with law.
not considered to constitute practice of medicine:
Penalties
1. One who takes BP reading;
2. Application of medicated massage; Pursuant to Sec.28, Art. IV, Medical Act of 1959
3. Hospital; as amended – Any person found guilty of ―illegal
4. Nurse anesthetist practice‖ shall be punished by a fine of not less than
one thousand pesos or more than ten thousand pesos
Exemptions: with subsidiary imprisonment in case of insolvency
or by imprisonment of not less than one year no
By PROVISIONS OF LAW, the following are not more than five years, or by both such fine and
considered to constitute practice of medicine imprisonment, in the discretion of the court.
(Sec.11, Art. III, Medical Act of 1959 as amended):
Qualified to practice medicine in the Philippines
1. Any medical student duly enrolled in an
approved medical college; 1. Those who have complied with the prerequisites
2. dentist; to the practice of medicine in accordance with
3. physiotherapist; Sec. 8, Art. III, Medical Act of 1959 as
4. optometrist; amended;
5. Any person who renders any service
gratuitously in cases of emergency or in 2. Those who can have limited practice without
places where the services of a physician, any certificate of registration in accordance with
nurse or midwife are not available; Sec.12, Art. III, Medical Act of 1959 as
6. Any person who administers or recommends amended:
any household remedy as per classification
of existing Pharmacy Laws; - Exclusive consultation in specific and
7. Clinical psychologist with the prescription definite cases;
and direct supervision of a physician; - Attached to international bodies to perform
8. Prosthetist certain definite work in the Philippines;
- Commissioned medical officers stationed in
Note: Faith Healing the Philippines in their own territorial
jurisdiction;
There is nothing in the Medical Act of 1959 - Exchange professors in special branches of
exempting it from the definition of the acts which medicine;
constitute practice of medicine; - Medical students who have completed the
first four years of medical course, graduates
Related to constitutional guarantee to religious of medicine and registered nurses who may
freedom (freedom to believe and freedom to act in be given limited and special authorization by
accordance with one‘s belief); the DOH;
Acted in pursuance of his religious belief and with 3. ―Balikbayan‖ Physicians pursuant to PD 541,
the tenets of his church he professes, not deemed to Allowing Former Filipino Professionals to
be a practice of medicine but part of his religious Practice Their Respective Professions in the
freedom. Philippines, proviso:
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Legal Medicine (Atty. Capule) – Midterm Notes (As per pointers)
Instances When Consent Is Not Necessary too remote from the development of the
injury suffered by the patient.
1. In cases of emergency, there is an ―implied 3. The result must be the natural continuous
consent‖ or the physician is ―privilege and probable consequences.
because he is reasonably entitled to assume
consent DOCTRINE OF EFFICIENT INTERVENING
2. When the law made it compulsory for CAUSE
everyone to submit to the procedure
In the causal connection between the negligence of
MEDICAL MALPRACTICE the physician and the injury sustained by the
patient, there may be an efficient intervening cause
Failure of a physician to properly perform the duty which is the proximate cause of the injury.
which devolves upon him in his professional
relation to his patient which results to injury. DOCTRINE OF VICARIOUS LIABILITY
It may be defined as bad or unskillful practice of
medicine resulting to injury of the patient or failure Doctrine of Imputed Negligence/Command
on the part of the physician to exercise the degree of Responsibility.
care, skill and diligence, as to treatment in a manner
contrary to accepted standards of medicine resulting Vicarious liability means the responsibility of a
to injury to the patient. person, who is not negligent, for the wrongful
conduct or negligence of another.
Elements of Medical Malpractice
CAPTAIN-OF-THE-SHIP DOCTRINE
1. The physician has a duty to the patient;
2. The physician failed to perform such duty This doctrine innunciates liability of the surgeon not
to his patient; only for the wrongful acts of those who are under
3. As a consequence of the failure, injury his physical control but also those wherein he has
was sustained by the patient; extension of control.
4. The failure of the physician is the
proximate cause of the injury sustained DOCTRINE OF RES IPSA LOQUITOR
by the patient.
“The thing speaks for itself”; nature of the
Criminal medical malpractice, the act or omission wrongful act or injury is suggestive of negligence.
complained of must be punishable by law at the General rule: expert testimony is necessary to prove
time of commission or omission. that a physician has done a negligent act or that has
deviated from the standard of medical practice.
Proximate Cause
Requisites of Res Ipsa Loquitur Doctrine:
that cause, which, in natural continuous sequence,
unbroken by an efficient intervening cause, 1. The accident must be of a kind which
produces the injury and without which the result ordinarily does not occur in the absence of
would not have occurred. someone‘s negligence;
1. There must be a direct physical connection 2. It must be caused by an agency or
between the wrongful act of the physician instrumentality within the exclusive control
and the injury sustained by the patient. of the defendant;
2. The cause or the wrongful act of the 3. It must not have been due to any voluntary
physician must be efficient and must not be action or contribution on the part of the
plaintiff.
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Legal Medicine (Atty. Capule) – Midterm Notes (As per pointers)
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