IIA.

RIGHTS OF THE PHYSICIAN

1. Right to Choose Patients

2. Right to Limit Medical Practice
3. Right to Avail of Hospital Services
4. Right of Way in Time of Emergency
5. Right of Exemption of Instruments from Execution of Judgment
6. Right to Certain Offices and Services
7. Right of Membership in Medical Societies
8. Right to Compensation

• Rights Inherent in the Privilege to Practice Medicine

o Choose Patients
o Limit practice of profession
o Determine the appropriate management procedures
o Right to avail of hospital services

• Rights Incidental in the Privilege to Practice Medicine

o Right of way (while responding to the call of emergency)
o Exemption from execution of instruments and library
o Hold certain public or private offices
o Perform certain services
o Compensation
o Membership in medical societies

• Rights enjoyed by every citizen

o Life liberty and property, Due Process (S1 Article 3, 1987 Constitution)
o Right against unreasonable searches and seizures (S2 Article 3, 1987
Constitution)
o Right to privacy of communication and correspondence; fruit of the posonous
tree/exclusionary rule (S3 Article 3, 1987 Constitution)
o Freedom of Expression; Right to Assembly
o Right to Religion (free exercise and non-establishment clauses)
o Liberty of abode and travel
o Right to information on matters of public concern
o Right to association
o Eminent Domain (Right to just compensation to property taken for public use)
o Obligation of contracts
o Free access to courts and quasi-judicial bodies
o Miranda Rights
o Bail
o Rights of the accused
o Speedy Disposition of Cases
o Protection against ex post facto laws and bill of attainder.

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 ▪ Ex post facto law- a criminal law with retroactive application that is
prejudicial to the accused (Ex. punishing an act committed when it was
not a crime yet)
▪ Bill of Attainder- A legislative act against a person pronouncing him
guilty of a crime without trial. (Judicial functions are usurped by the
Legislative)
o Etc.

A. RIGHT TO CHOOSE PATIENTS

• Doctors are not obliged to practice the healing art.
• Cannot be compelled to accept professional employment.
• Not duty bound to accept or render treatment to any patient who solicits his
services.
• May arbitrarily and legally refuse to render service (even if there are no physicians
available in the locality)
• Exceptions:
o Code of Ethics (Sec 2 and Sec 3)—OLD CODE OF ETHICS
▪ He should always respond to any request for his assistance in an emergency.
▪ Once undertaken, he should not abandon or neglect it
▪ If he wants to be released, he should announce his desire previously, giving
sufficient time or opportunity to the PT or his/her family to secure another
medical attendant
▪ In cases of emergency, wherein immediate action is necessary, a
physician should administer at least first aid treatment and then refer
the PT to a more qualified and competent physician if the case does not
fall within his particular line.
o Medical Act of 1959 (Section 24, Last Paragraph)
▪ Refusal of a physician to attend to a patient in danger of death is not a
sufficient ground for revocation or suspension of his registration
certificate if there is a risk to the physician’s life.

B. RIGHT TO LIMIT HIS MEDICAL PRACTICE

• May be for convenience or to maximize the effectiveness of his management
procedure.
• Forms of the limitations:
a. Limitation of practice only on his field of specialty
b. Limitation of practice in the private clinic or hospital (No house calls)
c. Limitation within a political or geographical boundary (Ex. Cagayan
only)
d. Limitation of Practice on certain days of the week and/or certain hours of
the day (Time)
e. Limitation of practice to certain class or group of people (Ex. clinics for
commercial or industrial establishments, hospitals reserved for members

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 of the Armed Forces; though extension may be allowed to members of
family)
f. Limitation of practice by the dictates of his conscience (ex. Contraception,
sterilization, therapeutic abortion)
g. Limitation on account of ignorance (He may refer)
h. Limitation on account of retirement
i. Limitations that are not self-imposed:
• Imposed by the public (reputation/ public impression)
• Imposed by religion
• Imposed by professional ethics
• Imposed by medical society (membership is voluntary, but once
he/she joins, he/she has to comply with the rules and regulations of
the org.)
• Imposed by law
• Imposed by contract

C. RIGHT TO AVAIL OF HOSPITAL SERVICES

• Gov’t Hospital- Limited power to issue regulations regarding use of its facilities
o may not curtail the right of a duly licensed physician to use the facilities of the
hospital provided he complies with the rules concerning internal discipline and those
designed to enhance better public service

• Private Hospital- More leeway in making regulations (Facilities, qualification of staff,

type of patients to be admitted)
o As long as such rules are not arbitrary, discriminatory, unreasonable,
monopolistic, or contrary to law and public policy.

D. RIGHT TO DETERMINE THE APPROPRIATE MANAGEMENT PROCEDURE

• In the P2PR- Physician is given the full authority to determine the diagnostic and
treatment procedure to be adopted.
o Subject to the PT’s enlightened or informed consent, availability in the
community and financial capability of the PT.

E. RIGHT OF WAY WHILE RESPONDING TO THE CALL OF EMERGENCY

• Established social rule that ambulances and vehicles of physicians are given due
preference in the use of the road and other vehicles must give assistance and
convenience in the pursuance of the important mission

• See Section 35(c) of Land Transportation and Traffic Code and Section 42(a)
o Speed Limit under Sec 35- not applicable to
▪ A Physician or his driver when the former responds to emergency calls
▪ The driver of a hospital ambulance on the way to and from the place of
accident or other emergency
▪ Any driver bringing a wounded or sick person for emergency treatment
to a hospital, clinic, or any other similar place

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 ▪ Etc.

o SECTION 42. Right of Way. – (a) When two vehicles approach or enter an
intersection at approximately the same time, the driver of the vehicle on the left shall
yield the right of way to the vehicle on the right, except as otherwise hereinafter
provided. The driver of any vehicle traveling at an unlawful speed shall forfeit
any right of way which he might otherwise have hereunder.

• Also See Directive of Sec of National Defense to the Chief of Constabulary Metrocom
and Metropolitan Force on Sept 1974

F. INSTRUMENTS AND LIBRARY IN THE PRACTICE OF THE PROFESSION

MAY NOTE BE SUBJECT-MATTERS OF EXECUTION OF JUDGMENT
• Attachment- Act or process of taking care or seizing property (bringing it into the
custody of the law); done to acquire a lien upon the property of the Defendant.
• Execution- Enforcement of a Judgment of a Court when a case is over.
• Section 12, Rule 39 of Rules of Court (OLD)
• Section 13, Rule 39 of Rules of Court (CURRENT)
o Ordinary tools and implements personally used by him in his trade,
employment, or livelihood.
o The professional libraries and equipment of judges, lawyers, physicians,
pharmacists, dentists, engineers, surveyors, clergymen, teachers, and other
professionals, not exceeding three hundred thousand pesos in value. (300,000
Pesos and below)
o So much of the salaries, wages or earnings of the judgment obligor for his
personal services within the four months preceding the levy as are necessary
for the support of his family.

G. RIGHT TO HOLD CERTAIN PUBLIC OR PRIVATE OFFICES WHICH CAN

ONLY BE FILLED UP BY A PHYSICIAN (Ako lang ang pwede)

H. RIGHT TO CERTAIN SERVICES WHICH CAN ONLY BE PERFORMED BY A

PHYSICIAN (Ikaw lang, wala nang iba)

I. RIGHT TO MEMBERSHIP IN MEDICAL SOCIETIES

• Advantageous to physician
• Med Socs promote camaraderie, esprit-de-corps and cohesiveness among its
members
• Increases status and prestige of physicians
• Promotes the establishment of a solid front in the solution of problems confronting
the medical profession
• Enhance sharing of knowledge and keeping abreast with the development of
medical science
o Meetings
o Seminars

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 o Conventions
• All med socs must be duly accredited by the PRC

J. RIGHT TO COMPENSATION
• Based on the Physician-Patient CONTRACTUAL Relationship
o Elements of Contract: Consent, Object, and CAUSE/CONSIDERATION
• When a DR renders service, it is PRESUMED that it is for REWARD.
o To rebut this, PT must prove that services would be gratuitous
o Burden of proof to establish gratuity falls on PT.
• Once started gratuitously by agreement by the parties, cannot be revoked by the Doctor
until terminated. (He cannot change so he can charge fees)
• IRRESPECTIVE of the result (Except when there is a specific contract to CURE)
• Mere fact of friendship between PT and DR does not imply that service is
gratuitous.
• NOTE: Primary objective of the practice of medicine is SERVICE TO MANKIND
• Doctrine of Unjust Enrichment- No one must enrich himself at the expense of
another. “Service rendered service paid”
o The PT must remunerate the physician for whatever service the physician has
rendered to him.

• KINDS OF MEDICAL FEE

1. Simple Contractual Fee (Ex. Agreement of appendectomy for 500 pesos)
2. Retainer Fee – Measured by space and time, NOT quantity or quality of
services (Ex. Family DR for 2 years)
3. Contingent Fee – Value of professional fee depends on the success or failure of
the TX instituted. (Depends on result)
4. Dichotomous Fee (Fee splitting) – DR has an agent who solicits patients. Agent
will share in the medical fee. UNETHICAL.
▪ NOTE: Why? A third person who has not rendered medical service is
sharing with medical fee. AND Medical service is not like other
commodities of commerce. (Lowers med services to a simple
commodity—Degrading to the profession)
5. Straight Fee (Pakyaw System/ Package deal) – As part of the fees paid, DR will
shoulder hospital bill, lab fees, meds, other expenses. UNETHICAL ALSO.

• METHODS OF COLLECTION
1. Friendly or extrajudicial methods:
▪ Billing
▪ Referral to a bill collection agency

2. Judicial Methods (Kasuhan/ Filing a case)

▪ Prove the ff:
• Doctor is Qualified and Licensed
• Performed prof services to PT
• PF demanded is reasonable

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• The person liable for the payment is the Defendant
o Doctor can go after those people who are obligated
to give support to patient (See Family Code)

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 IIB. RIGHTS OF THE PATIENT

1. Right to give consent to diagnostic and treatment procedures

2. Right to religious belief
3. Right of Privacy
4. Right to disclosure of information
5. Right to confidential information
6. Right to choose his physician
7. Right of treatment
8. Right to refuse necessary treatments

I. RIGHT TO GIVE CONSENT TO DIAGNOSTIC AND TREATMENT

PROCEDURES
• After the commencement of the physician-patient relationship, the physician is NOT
authorized to institute the diagnostic or treatment procedure which he thinks best
for the patient.
• He must FIRST inform his patient about:
• Diagnosis
• General Nature of the contemplated procedure
• Risks involved
• Prospect of Success
• Potential Danger if procedure is not applied
• Alternative methods of treatment, if any

• Patient, after being informed by the physician of the procedure, IS FREE TO GIVE
or WITHHOLD his consent to its application.
• He is given the right to choose alternative procedures which he thinks will serve his
best interest
• Physician may be held liable for failure to inform the PT of what he contemplates
to do OR for failure to get the PT’s consent first before applying the procedure on
the PT’s body.
a. EVEN if procedure was applied with due care and diligence
b. EVEN if no injury was sustained by the PT
c. EVEN if physician is a specialist and is competent to apply

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 d. Physician is not excused from liability because the cause of
action (reason for the suit) is due to the FAILURE of the
physician to observe certain legal duty or denial of the PT to
determine what must be done to him.

• Bases of Consent
• The relationship between physician and his PT is FIDUCIARY (based
on trust and confidence)
• The PT has a right to SELF-DETERMINATION (“A man is the master
of his own body and he may expressly prohibit the performance of life-saving
surgery or medical treatment. A doctor may well believe that an operation or
other form of treatment is desirable or necessary, but the law does not permit
him to substitute his judgment for that of the patient by any form of artifice
or deception.”
• The physician-patient relationship is CONTRACTUAL (PT solicits the
services of a physician and the physician agrees to render medical services
to the PT) ELEMENTS OF A CONTRACT:
1. Consent (Meeting of the minds-> Offer and
acceptance)
2. Object Certain (Subject Matter of Contract)
3. Cause (of the obligation established)

• Purposes of the Consent:

• To protect the PT from unnecessary or unwarranted medical procedure
applied on him without his knowledge.
• To protect the physician from any consequence for failure to comply with
the legal requirements.

• Instances When Consent May NOT Be Necessary:

• In cases of emergency (See Handout on Emergencies)
• If the PT is unconscious or incapable of giving consent and there is
no one who can give consent in his behalf, the physician can perform
any medical procedure as good practice of medicine dictates without
such consent.
• When the law made it compulsory for everyone to submit to the procedure
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 • Ex. Immunization Program that mandates all children to be
immunized.
• Refusal to submit to vaccination (Sec 2693) and failure to present
child for vaccination (Sec. 2694) can be punished by a fine (Sec 2693
and 2694, Art. VIII, Revised Administrative Code)
a. NOTE: Take note of this just in case. But in my opinion, this
rule on evading or refusing vaccination is already removed by
existing law, because Pres. Corazon Aquino already enacted a
different Administrative Code.
• Requisites of a Valid Consent:
• 1. It must be an informed or an enlightened consent;
• 2. It must be given by the PT voluntarily; and
• 3. That subject-matter must be legal.

--------------------------------------------------------------------------------------------------------------------

A. Informed or Enlightened Consent:

• Connotes dual ingredients of awareness and assent.
• Before obtaining consent, physician should give PT a fair and reasonable
explanation of:
• Nature of ailment
• Nature and extent of operation or treatment
• Risks, if any
• Probable consequences.
• Physician should use clear, understandable and simple language that is
comprehensible to the listener (regarding the diagnosis, procedure, and risk
involved)
• Full disclosure as a requirement for an informed consent DOES NOT require
the physician to inform the PT of EVERY CONCEIVABLE,
INFINITESIMAL, or IMAGINARY ELEMENT that goes into making up
the risks of a procedure or treatment.
• (It is therapeutically unsound to appraise/inform the PT
concerning EVERYTHING that is scientifically known or
unknown about the mathematical chance of failure because it
may only prevent the PT from acquiescing/consenting to the

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 indicated therapy and also, it may create unnecessary
psychological disturbances, esp in emotionally unstable
patients.)
• The extent of disclosure in each case must remain primarily a
question of medical judgment.
• New Civil Code, Art. 1339:
• Failure to disclose facts, when there is a duty to reveal them, as when
the parties are bound by confidential relations, constitutes fraud.
• Art 1332
• When one of the parties is unable to read, or if the contract is in a
language not understood by him, and mistake or fraud is alleged, the
person enforcing the contract must show that the terms thereof have
been fully explained to the former (a.k.a. person not able to read or
understand).

• Quantum of Information Necessary to Form the Basis of a Valid Consent

(how much info should the PT know for there to be valid consent?):
• No fixed or standard rule. But to satisfy the legal definition of
“informed consent” requires the minimum if FIVE ELEMENTS of
UNDERSTANDING on the part of the PT:
1. He must understand the NATURE of his
condition;
2. He must understand the nature of the
PROPOSED TREATMENT OR
PROCEDURE;
3. He must be aware of the possible
ALTERNATIVE courses of action;
4. He must be acquainted with the RISKS of the
proposed and alternative courses of action;
and
5. He must be informed of the CHANCES OF
SUCCESS/FAILURE of the proposed and
alternative therapies.

• “Rule of Thumb” on how much information to give (Louisell and Williams,

1969):

Page 10 of 20
 • If the risk of untoward result is statistically high, the PT should be
informed REGARDLESS if the effect on his morale.
• If the risk is statistically low, but the consequences of a rare untoward
occurrence may be severe, the PT should likewise be informed.
• On the other hand, if the statistical risk is low or the severity of risk is
NOT great, the physician may safely tailor his warning so as not to
excite the PT’s fear.

• Instances When Informed Consent Requires More Disclosure of Facts:

1. When the procedure will entail much risk
2. When the procedure is experimental or
innovative

• Instances When Full Disclosure May Not Be Necessary:

1. When the disclosure may cause emotional
upset to the PT
2. When the medical procedure is publicly
known to be safe (ex. Taking of vital signs)

B. Consent Must be Given Voluntarily

• Consent must be FREELY GIVEN.
• Consent given through force, threat, intimidation, or undue influence will
VITIATE the consent.

C. Subject Matter or Procedure Wherein the PT

Gave His Consent is LEGAL
• Example: Since abortion is illegal in the Philippines, performing an abortion
even with the consent of the PT will hold the physician (and the PT) liable.
▪ In pari delicto Principle: Both parties are at fault.

--------------------------------------------------------------------------------------------------------------------

• Extension of the Operative Procedure Beyond What Has Been

Consented by the PT
o A surgeon is not authorized to extend the operation to any abnormal
condition when he thinks it is advisable for the welfare of the PT and

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 FOLLOW THE APPROVED PRACTICE OF SURGEONS
GENERALLY.

• Forms of Consent
o Expressed- Terms of Physician-PT relationship are EXPLICIT and
CLEAR to both parties
• Written Consent- considered a type of expressed
consent. Clear written consent prevents
misunderstandings, also, law suits can be avoided.
o Contents:
▪ Name of Physician
▪ Nature and extent of diagnostic or
treatment procedure (including condition
or limitations)
▪ Nature, extent, and limitations must be
explained clearly in a simple,
comprehensive and understandable
language, including the condition or
limitations, if any, must be clearly stated
▪ Advisable to include statement that
physician is authorized to do any other
procedure which may be deemed
necessary and proper to serve the best
interest of the PT.
▪ Signature of PT, recommended to also be
signed by witnesses attesting that
document was signed by PT.
o Example: Printed Consent Forms used by
hospitals and big clinics.
• Verbal Consent- still valid, but prone to
misunderstandings and possible legal suits as compared
with written consent.
o Implied- Given without expressed words but may only be deduced
from the CONDUCT OF THE PARTIES.

Page 12 of 20
• Scope of the Consent:
o General or Blanket Consent
▪ Proposes to give physician unlimited authority and discretion
to apply any procedure.
• Complete surrender of a PT into the hands of the doctor
• Unconditional delegation of rights in favor of the
physician which is contrary to public order and of no
legal effect
• The inclusion in consent form of clause permitting
physician “to do additional or alternative surgery” is in
the nature of a blanket consent and may not be
considered illegal IF PERFORMED with the normal
dictates of surgery.
o Limited or Conditional Consent
▪ Physician must respect and comply with such limitation or
condition. He/she is only justified for not complying with the
condition in case of emergency.

• Non- liability or Exculpatory Clause

o Example. “Hospital or any member of its staff shall not be held liable
civilly or criminally to whatever be the consequence…”
o Generally, a physician cannot avoid liability for negligence by having
a PT sign in advance a release or a contract containing an exculpatory
clause
o A PT can relieve a physician of liability for the inherent risk in a
dangerous procedure if he consents to the procedure with the full
knowledge of what is going to be done.

• Persons who can Give Consent

o PT himself
▪ If married, PT spouse’s consent not necessary
▪ If PT is a minor, consent must be obtained from parents
• In absence of parents, then grandparents
o In absence, then eldest brother/sister

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 o Others who may give consent for PT:
• Guardians
• Teachers and professors (Special Parental Authority of
School, its Administrators and Teachers, or
individual/entity/institution engaged in CHILD CARE
under Family CODE)
• Heads of children’s homes, orphanages, and similar
institutions
• Directors of trade establishments (in cases where the
patients are apprentices)
• Court (through a petition, if parent or guardian refuses
to give consent for minor PT)
o Except: If the surgery can wait until minor PT
attains age of majority (18 y/o)
o Other NOTES:
▪ Minor him/herself, in certain cases, can give consent
▪ Consent of a minor is NOT valid if procedure will NOT benefit
him.
▪ Expressed refusal of a minor to surgery shall not prevail over
existing emergency (Emergency > Minor’s Refusal).

II. RIGHT TO RELIGIOUS BELIEF

• Freedom of Religion has TWO aspects:
• Freedom to believe. (absolute)
• Freedom to ACT in accordance with one’s belief. (not absolute)
• When PT refuses on account of his/her religious belief, it is the DUTY of the
physician to explain to the PT that his refusal poses a potential danger to his life and
health.
• In spite of his effort, if the PT prefers the consequences of refusal rather than
violate the law of his church, it is preferable for the physician to
WITHDRAW from the case. The physician is obliged to inform the PT of
his intention so that the PT will have ample time and opportunity to look for
another physician.

Page 14 of 20
 • IN CASE OF EMERGENCY AND THE PATIENT IS CONSCIOUS, the physician
must still desist from applying the treatment procedure against the PT’s will.
• (Any person with a sound mind and of legal age has the right to determine
what must be done with his body.)

III. RIGHT OF PRIVACY

• Right of the PT to be left alone and free from unwarranted publicity.
• Every person shall respect the dignity, personality, privacy and peace of mind of his
neighbors and other persons.
• Relationship between physician and PT is premised on TRUST AND
CONFIDENCE.
• It is the duty of the physician to keep inviolate the right of privacy of his PT.
• Examples of invasion/violation of Right of Privacy of PT:
• Physical intrusion at a time when the PT might rightfully expect to be alone;
• Publishing information about the PT which might be objectionable or it
dissemination might be offensive to ordinary persons; and
• By appropriating for commercial purposes some aspect of the personality or
other facets of the PT’s life.
• During examination or treatment of the PT, the physician must allow the presence
of ONLY THOSE persons whose assistance is indispensable(essential).
• Right to privacy may be WAIVED. (Example, a PT enters a charity hospital
KNOWING fully well that he will be a subject-matter of demonstrations,
examinations, and interrogations by medical students.)
• Taking of photographs and its publication in the magazine or newspaper can only
be done WITH THE EXPRESSED CONSENT of the PT or someone who could act
in his behalf.
• If PT consented to taking of pictures and its publication in scientific journals
ONLY and in no other publications, it will be an invasion of the right to
privacy of the PT if the condition imposed is violated.
• EVEN when the PT consented to the publication of the picture and article,
all efforts should be made to protect his identity and under no circumstances
should the PT’s condition be discussed without the knowledge and written
consent of the PT.

Page 15 of 20
 • Matters which are not within the confidential communication rule between
physician and PT, for some legitimate purpose, may be shown to others, provided
they are not malicious, and not an invasion of the right of privacy.
• The right of privacy of a person MAY be invaded by order of the court (Ex. Physical
or mental examination by the physician, as ordered by the court)
• Example. PT sued physician for alleged ruptured hymen due to insertion of
speculum, court ordered physical examination to determine degree of
damage, if any.
• Right of Privacy may be violated for the purpose of protecting the public. (Police
power of the state is far more supreme than the welfare of any person.)

IV. RIGHT TO DISCLOSURE OF INFORMATION

• The relation between the physician and the PT being fiduciary (based on trust and
confidence), the physician is obliged to make a full and frank disclosure to the PT
or to any person who may act on his behalf ALL THE PERTINENT FACTS relative
to his illness.

V. RIGHT TO CONFIDENTIAL INFORMATION

• A physician is obliged to disclose all information to the PT about what he perceives
or observes in the latter BUT HE IS NOT AUTHORIZED TO DIVULGE SUCH
INFORMATION TO A THIRD PARTY who has no concern with the interest and
welfare of the PT. (Also see Code of Ethics)
• Generally, whenever it is provided by the Code of Ethics, it is called confidential
information, while that one provided for by law is called privileged communication.
• Privileged communication, however, relates to the right of a PT to assert the
right to keep the subject matter of the relationship from being testified to in
court.
• Statutory Privileged Communication (provided for by law):
• A person authorized to practice medicine, surgery or obstetrics
cannot in a civil case, without the consent of the PT, be examined
as to any information which he may have acquired in attending
such PT in a professional capacity, which information was
necessary to enable him to act in that capacity, and which would
blacken the character of the PT (Rule 130, Sec 21 (c), Rules of Court)

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 a. NOTE: UPDATED AS OF 2019: New Rules (Rule 130, Sec
24 (c), 2019 Amendments to the Rules on Evidence) have
been expanded to cover also those who are psychotherapists,
and THOSE REASONABLY BELIEVED BY THE PT TO BE
AUTHORIZED to practice medicine or psychotherapy.
• Ethical or Professional Confidential Information
• The medical practitioner should guard as a sacred trust anything
that is confidential or private in nature that he may discover or
that may be communicated to him in his professional relation with
his PTs, even after death. He should never divulge this confidential
information, or anything that may reflect upon the moral character of
the person involved, except when it is required in the interest of
justice, public health, or public safety. (Art II, Sec. 6, Code of Medical
Ethics)
a. NOTE: UPDATES-- See also equivalent provision in current
Revised Code of Ethics of the Medical Profession [2019]
Sec. 3.7. Privacy and Confidentiality. The
physician shall hold as private and highly
confidential whatever may be discovered or
learned pertinent to the patient even after
death, except when required by law, ordinance or
administrative order in the promotion of justice,
safety and public health. The commitment extends
to discussion with persons acting on a patient's
behalf. Safeguards shall be applied especially
when using electronic information systems for
compiling patient data, and when dealing with
genetic information.

• Confidentiality of Information in the Course of the Physician-PT

Relationship is Not Applicable in the FF:
• Such disclosure is necessary to serve the best interest of justice
a. Physician is NOT PROHIBITED by law to testify on matters
that are CRIMINAL in nature.
• When disclosure of information will serve public health and safety.
Page 17 of 20
 a. Individual rights must yield to the welfare and interest of
society.
• When the PT WAIVES to the confidential nature of such information
a. May be expressed or implied from the acts of the PT.
A. Example. PT allowing a third party to be present while
he is subjected to examination (Implied waiver)

VI. RIGHT TO CHOOSE HIS PHYSICIANS

• PT is free to choose the physician to serve him.
• In cases of referral to specialists the PT usually gives the privilege of selecting the
specialist to the attending physician in which case the attending physician is merely
acting as an agent of the PT in the selection of the specialist.
• Perfection of physician-PT relationship if the physician of choice of the PT agrees
to render such service demanded of him by the PT. (Inasmuch as Dr is also free to
choose his PTs)

VII. RIGHT OF TREATMENT

• In cases of emergency, PT has right to treatment.
• Further reading on handouts re: emergency, and Code of Ethics re: duties in cases
of emergencies.

VIII. RIGHT TO REFUSE NECESSARY TREATMENTS

• Right to refuse treatment is a fundamental right.
• EVERY HUMAN BEING OF ADULT AGE AND OF SOUND MIND has the right
to determine what must be done in his own body.
• A PT who enters a hospital or goes to a clinic infers a desire to be treated.
• However, a PT or his parents (if PT is incompetent) may refuse further treatment
PROVIDED that the attending physician and the hospital officials agree that there
is “no reasonable possibility” that the PT will recover.
• Compulsory Treatment invades three interests long-recognized by English and
American law:
a. PT’s interest in his bodily integrity and personal dignity
b. PT’s interest in independence in making decisions which
are important to the PT, and
c. PT’s interest in being able to think and communicate freely
Page 18 of 20
 • Right to Die
• (Also see Saikewicz Case in pp 162 & 163)
• EXAMPLE:
• Elderly woman suffering from terminal illness refused further
treatment which would have prolonged her life, although said
treatment was extremely painful. Neither physician nor hospital could
be subjected to civil liability by PT’s heirs or criminal liability
because any conscious adult had the right to refuse treatment.

IX. OTHER RIGHTS OF PTS WHEN CONFINED IN THE HOSPITAL

• Right to receive visitors and communicate with relatives, public officials, etc. within
the limit prescribed by the reasonable rules and regulations of the hospital
• Unrestricted right of correspondence
• Right to be free from mechanical restraints except for some justifiable reasons; and
• Right to be released as soon as the condition which justified his hospitalization no
longer exists.

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References:
-Solis Medical Jurisprudence (1988)
-Basics of Philippine Medical Jurisprudence and Ethics 2010 Edition (Bellosillo, Castro,
Mapili, Rebosa, and Rebosa)
-Philippine Medical Jurisprudence 2019 Edition (Teresa Paz B. Grecia Pascual, UP LAW
Center)
-www.lawphil.net (for the recent laws cited/paraphrased)

NOTE:
Created and compiled solely for use as educational material for THIRD YEAR SPUP
MEDICINE STUDENTS (First Sem, Year 2022) and is not a substitute for existing
treatises on the subject of Medical Jurisprudence.

Furthermore, this handout is by no means a replacement for the legitimate purchase and
use of the references cited herein, as this handout is only a supplement and reviewer to
facilitate the conduct of classes by the instructor.

Unauthorized distribution is PROHIBITED.

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