MEDICAL JURISPRUDENCE
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MEDICAL JURISPRUDENCE and ETHICS
1. A doctor who is found guilty of unprofessional
conduct by the Board of Medicine shall suffer
the following consequences, except
A. censure or reprimand
B. revocation of his certificate of registration
C. corresponding fine for his demeanor
D. write a letter of explanation
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1. A doctor who is found guilty of unprofessional
conduct by the Board of Medicine shall suffer
the following consequences, except
‘A. censure or reprimand
B. revocation of his certificate of registration
C. corresponding fine for his demeanor
D. write a letter of explanation
MEDICAL JURISPRUDENCE and ETHICS
ee aoaMEDICAL JURISPRUDENCE and ETHICS
(2) ¥nowng tung ary foe mesial certfeate:
Seeman tren an nes amor nhs rosa the
(23 ig or acting sya an ung or aneired pen to rece
(22) vation of any provson of the Code of his a approved by he Piping
Modest asrocaton
ffs of pysicanto sted patent in donee of death nat sficlnt round
reverand suspension of ie epson serfs here ea ac tothe
Siyseane He
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MEDICAL JURISPRUDENCE and ETHICS
4. Awitness who testifies against the party who
has called the person to testify.
A. reluctant witness
B. destructor witness
C. hostile witness
D. false witnessMEDICAL JURISPRUDENCE and ETHICS
4. Awitness who testifies against the party who
has called the person to testify.
A. reluctant witness
B. destructor witness
C. hostile witness
D. false witness
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MEDICAL JURISPRUDENCE and ETHICS
Hostile Witness
Awitness who testifies against the party who
has called the person to testify. The examiner
may ask a hostile witness leading questions, as
in cross-examination. Also called an adverse
witness.
Cornell Law School. Legal Information Institute.
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cSMEDICAL JURISPRUDENCE and ETHICS
5. Which of the following principles apply to the
action of the physician to refrain from the
disease condition of the patient with those who
are not involved with his care?
A. Beneficence
B. Non-Maleficence
C. Justice
D. Autonomy
MEDICAL JURISPRUDENCE and ETHICS
5. Which of the following principles apply to the
action of the physician to refrain from the
disease condition of the patient with those who
are not involved with his care?
A. Beneficence
B. Non-Maleficense
C. Justice
Deel‘The Princine of Benefcence
‘Tre ordinary meaning ofthis principles that healthcare providers have 3
uty tobe of 3 benefit to the patent as well 3s fo fake postive steps to
Brevertand to remove harm From the patient These duties are vewed as
Faional an slfevident and are widely acceied a the proper goals of
medicine Ths principle is atthe very heat of heath care mpying that 2
Sfleringsupptane (the paint ean enter int a relationship wt ane whom
Socety has leensed as competent to provide medical care, trusting that the
Bhyslan’s che objective sto help.
Ie is sometimes held that nonmaleicence is a constant duty thats, one ought
never toharm another induidua whereas beneicence sw mited duty A
piyscan haa duty to seek the benef of any ora of her patents, however,
5 physitan may alse choose whom to admit int iso her race, and doer
nothave a strict ty to benefit patients not acknowledged inthe pane. This
‘ty becomes complex two patents appeal for reatment atthe sme
moment Some eter of urgency of Ned might be used, or same principle
(of rt come fet served to decide who should be helped atthe moment
Univesity of Weshington Mealcne. Deparment of Bioethics and Humanities.
Cera ane? We mae oct ee opeer ham. Howe tthe
ct 2 ete eyes es cowie the
(pitt nonmatenane* ich technical itt
oedanct "Rc Bats sete ohana
Coxe nc: Denese th rik Mamta oer
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‘tonomy is tin fr "sted We have an chlgaton to eget the
‘ampttent nats, and 8 postive duty to empower others for whom wee
We have an oblgaton to provide others with whatever they ae owed o&
Sean pb, we hive an obgaon fea sh poe ey fay
ont bertene ands: We are bane to wark forthe beet of
‘What are the applicable doctrines fr the liabilities of hospitals?
‘The applicable doctrines ae: (1) Vicarious Liability; and (2) Apparent
‘Authority/Ostensible Agency.
Vicarious lability is found under Art 2180 and 2176 of the Ciil Code,
which provides
Article 2180. The obligation imposed by article 2176 is demandable
not ony for one’s own acs or omissions but also for those of persons
{or whom one ls responsible
Employers shal be lable for the damages caused by their employees
‘and household helpers cting within the scape of ther assigned tasks,
‘even though the former are not engaged in any business or industy.
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damage to another, there being fault or
negligence, is obliged to pay for the damage
done. Such fault or negligence, if there is no pre-
existing contractual relation between the
parties, is called a quasi-delict and is governed
by the provisions of this Chapter.
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10.2 year-old chldis brought to a newly open stat of the art medical
enter ith dy ips winked sk, apis bret an blotehy hangs feet.
‘ou'ae quit certain te chia severely dehydrated and nend medical
{tention. When you dacuss the need fr sealp ven catheterization and
‘ehyaraton treatment, the patents refure permission saying "We'a profes to
{ake him Home and nave Marg Kanor Our Spirtual Leader ray over timn, How
Should the physician handle ts,
[A The physician should do what the parents request o take the child home.
8. The physician should call tne parent’ religious leader and have him come
to the Rovptal before providing standard mesial ear
.Thephysicin has no duty to provide treatment to the child when the
parent rete
. When effort to obtain parental permission to treat patient fal the
Dinysclan ie usifedn seeking leg heip or maybe lepaly authored to
Broceed withthe procedure and teatment of he ei
Deel10. A 2 year-old child Is brought to a newly open state of the art
‘medical center with dry ip, wrinkled skin, rapid breathing and blotchy
hands & feet. You ate quite cetaln the childs severely dehydrated and
need medical attention. When you discuss the need for scalp vein
Catheterization and rehydration treatment, the parents refuse
permission saying "We'd prefer to take him home and have Mang
Kanor our spiritual Leader pray over him. How should the physician
handle this?
‘AThe physician should do what the parents request to take the child
home
8. The physician should call the parents religious leader and have him
come tothe hospital before providing standard medical care,
C The physician has no duty to provide treatment tothe child when
the parents refuse
treatment
D. When effort to obtain parental permission to treat patient fail the
physician is ustfed in seeking legal help or maybe legally authorized
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ARTICLE Il
DUTIES OF PHYSICIANS TO THE COMMUNITY
Section 3. A physician is encouraged to expose and
report to the proper authorities unlicensed medical
practitioners, charlatans and quacks in as much as
their nefarious practices may cause injury to health
and life. A physician should never condone nor
connive with such fake health providers.
CODE OF ETHICS OF THE PHILIPPINE MEDICAL
ASSOCIATION
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DUTIES OF PHYSICIANS TO THE COMMUNITY
Section 3. A physician is encouraged to expose and
report to the proper authorities unlicensed medical
practitioners, charlatans and quacks in as much as
their nefarious practices may cause injury to health
and life. A physician should never condone nor
connive with such fake health providers.
CODE OF ETHICS OF THE PHILIPPINE MEDICAL
ASSOCIATION
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MEDICAL JURISPRUDENCE and ETHICS
13, Situations when confidentiality can be broken
A. Informing patient's relative that the patient is
suicidal
B. Informing employee's illness which may
endanger either his performance on a job or his
own health as he performs the job.
C. The patient waives to the confidential nature of
his illness and allowing a third party to be present
D. All are correct.
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cSMEDICAL JURISPRUDENCE and ETHICS
13. Situations when confidentiality can be broken
‘A. Informing patient's relative that the patient is
suicidal
B. Informing employee's illness which may
endanger either his performance on a job or his
own health as he performs the job.
C. The patient waives to the confidential nature of
his illness and allowing a third party to be prosent
D. All are correct.
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MEDICAL JURISPRUDENCE and ETHICS
‘The palent has the right to demand that all information communication and
records pertiingto fis care be treated ar confidential Any Neat ere
Droge’ or practioner iwclved inthe treatment of 3 patert anda hose
‘sho have legitimate accens othe patent's record nok authored to dvsige
Snvinformation oa thd party who has no concern with the eae and
Welfare of the patent wlhout his consent, except” 3) when such
‘scosure wil benef public health ana safety: b) when tis inthe interest
‘fjustee and upon the order of a competent curt and o) when the patients
Sides inwrting the confidential nature of such information ) when ies
needed for continued medial treatment or advancement of medical
{sence subject to Ge identification of patient and snared medial
Confidentiality forthose who have acess to the formation
Republi ofthe Pipes. Department of Heath. Saint Anthony Mother and
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14, An iconic plastic surgical clinic advertises breast
augmentation, tummy tuck and liposuction services
with assurance from prospective clients high
success rate as shown on their facebook page What
do you think is the kind of medical fee for this kind
of promotion?
contingent fee
retainer fee
fee-for-service
dichotomous fee
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MEDICAL JURISPRUDENCE and ETHICS
14, An iconic plastic surgical clinic advertises breast
augmentation, tummy tuck and liposuction services with
assurance from prospective clients high success rate as.
shown on their facebook page What do you think is the
kind of medical fee for this kind of promotion?
contingent fee
retainer fee
fee-for-service
dichotomous fee
DeelMEDICAL JURISPRUDENCE and ETHICS
Fee for Service
‘Amethod in which doctors and other health
care providers are paid for each service
performed. Examples of services include tests
and office visits.
Healthcare.gov
MEDICAL JURISPRUDENCE and ETHICS
15. In treatment of a patient a physician is obligated to
‘A. care for him to the best of hs ability
B. care for him in accordance with an objective standard
of excellence
C. act with the same degree of care as other physicians in
the area within the framework of the science as then
known
D. act with a degree of care committable to the patient's
ability to payMEDICAL JURISPRUDENCE and ETHICS
15. In treatment of a patient a physician is obligated to
‘A. care for him to the best of hs ability
B. care for him in accordance with an objective standard
of excellence
C. act with the same degree of care as other physicians in
the area within the framework of the science as then
known
D. act with a degree of care committurale to the patient's
ability to pay
MEDICAL JURISPRUDENCE and ETHICS
ARTICLE I
DUTIES OF PHYSICIANS TO THEIR PATIENTS
Section 1. A physician should be dedicated to provide
‘competent medical care with full professional skill in
accordance with the current standards of care,
‘compassion, independence and respect for human
dignity.
CODE OF ETHICS OF THE PHILIPPINE MEDICAL
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17. There are three administrative bodies tasked to
regulate the licensure of the medical profession and
maintain the high quality and standards of the
medical practice in the Philippines. Which one of
the following is not included in the regulation task?
‘A. Commission on Higher Education
B. Philippine Medical Association
C. Professional Regulation Commission
D. Board of Medicine
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MEDICAL JURISPRUDENCE and ETHICS
17. There are three administrative bodies tasked to
regulate the licensure of the medical profession and
maintain the high quality and standards of the
medical practice in the Philippines. Which one of
the following is not included in the regulation task?
‘A. Commission on Higher Education
B. Philippine Medical Association.
C. Professional Regulation Commission
D. Board of Medicinera aed be cand rca ecton ot acarSoce wah age
‘hepa Ae of 100 gr arden epic Pe No. 728 other known
‘tin the gerard of national elevonce ond fobs responsvenes, the fobowing
Seats Sodas Sra Gatdelns Gs forte boc of Mescne Boge oe
here adopted ana promgate byte Cosson
ei} to canduct and sdminitercarauré canonatonsepiing protest
5}to equate and sapere te practi of te profesuons extrcaedn partnership
sith thon re 5) reese Regatry Sor ln he els hea,
rofeianlepnuaton representing the prtesiona
Republic ofthe Pipines PROFESSIONAL REGULATION COMMISION Hor
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2 ou18. Which of the following statements regarding consent
for treatment procedure to a patient is incorrect?
A. Informed consent is very necessary and needs
explanation of the condition, procedures and possible risk
to the patient.
B. Consent must be for hospital admission, for surgery &
anesthesia and for each & every invasive procedures
C. Emotional immaturity and high level of stress ar still
acceptable criteria in signing consent since these are
exclusion to the notion of inadequate reasoning faculties
D. informed consent is pattern according to the
guidelines set by medical ethics
18. Which of the following statements regarding consent
for treatment procedure to a patient is incorrect?
‘A. Informed consent is very necessary and needs
explanation of the condition, procedures and possible risk
to the patient.
B. Consent must be for hospital admission, for surgery &
anesthesia and forreach & every invasive procedures
C. Emotional immaturity and high level of stress are still
acceptable criteria in signing consent since these are
exclusion to the notion of inadequate reasoning faculties
D Informed consent is pattern according to the guidelines
set by medical ethics
CU STE
CoP alia
e CRCInformed consent sth process in which a heath are provider educates a
Datient about the risk, Benefits, and alternatives of given procedure ot
Intervention The patent must be competent to make a voluntary decision
‘bout whether to undergo the procedure or intervention. Informed consent
is both am ethica and legal obligation of medic! prattoners nthe US and
‘rginates rom the patient's iat to dire what happens thee Sod.
implcn providing informed consents an assessment of the patent's
Understanding, rendering an actual recommendation, and documentation of
the process. The Joint Commission requires documentation a al he
‘lements of informed consent in form, progress notes or elsewhere nthe
fecord” the folomng are the required elements fr documentation ofthe
Informed consent aaeusion. (1) the nature of the procedure, 2) these
and benefits and the procecute, (3) reasonable alternatives, (4 sks and
Soneftzof alternatives, and (9) aseessment of the patents understanding of
elements 1 though 4
‘Shah, Thornton , Turin, e ok informed Consent (Updoted 2021 Jun 34)
In: StatPeorls internet. Treasure lsand (FU StotPearl Publishing: 2021 Jan
‘Available rom htos/ few nebunim mn gou/book/NKASOB27/
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4. Section of said Act proides"n emergency o serous cases, shall be
Unlwtal forary proprietor president, director manage or any ater office,
Sndjor medal practioner or employee of» hospital af medial ll to
Fequest soli, demand or accept any depost or anyother form of advance
payment a2 prerequste for confinement or medical treatment of patient
Insueh hospital r mesial linea to refuse to asminster medial treatment
{nd suppor as dtated by good pracice of medicine to prevent death or
Bermanent discclty: Proved, That by reason of inadequacy ofthe medial
Expabities of te hospital or mesial ine, the attening physican may
Iransler the patient toa facilty where appropriate eae can be given after
the patent or hs next of kin eanents to said ansfer Provided, however,
That when the patient is unconscious, Incapable of giving consent andlor
Unaccompanied, the physician can transfer the patent even without he
“ansent Proved, further, That such transfer sal be done ony ser the
nouessary emergency treatment and support have been admired to
‘Sabllze the patient and after thas been etablshed tat sueh transfer
{tals ess us than the patients continued confinement: Provided, ral,
‘Ihe strict compliance withthe foregoing procegure am wanster shai not Be
Constr ap a fetunal made puntshabe by this At
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‘cn|i0|klometerrodusolewchatier
3.27The wantr of patients coeplaed under th Act sal at all tines be ropey
docmers
2.3 Hospals may require depot or sovance payment when the patent en longer
Endoh ae ergy on hive kane to be uae
dhs hal wai Dhara Sp for ce cova by RA
142 Valet Frm of Wansteing Hospital wo include but nt acess ime to he
‘slowing normationMEDICAL JURISPRUDENCE and ETHICS
20. A physician criticized in public the treatment
rendered by a colleague. The offending
physician may be charge with
libel
slander
unprofessional conduct
immoral conduct
MEDICAL JURISPRUDENCE and ETHICS
20. A physician criticized in public the treatment
rendered by a colleague. The offending
physician may be charge with
libel
slander
unprofessional conduct
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‘Article IV DUTIES OF PHYSICIANS TO THEIR COLLEAGUES AND
‘TO THE PROFESSION
Section 12. A physician should observe utmost caution, tact,
and prudence, both in words
and in action, as regards the professional conduct of another
Physician, particularly when it
‘concerns a patient previously treated by the latter or actually
Under his care. In his dealings with
patients not under his care, he should not say or do anything
‘that might lessen the patient's
confidence reposed in the attending physician.
Board of Medicine. Code of Ethics.
NST i @ NORINSICAL CONTACT
MEDICAL JURISPRUDENCE and ETHICS
21. Eleemosynary hospital is classified under
A. government hospital
B. private charitable hospital
C. public hospital
D. private pay hospital
NUTS Em @ NORINSICAL CONTACTMEDICAL JURISPRUDENCE and ETHICS
21. Eleemosynary hospital is classified under
A. government hospital
B, private charitable hospital
C. public hospital
D. private pay hospital
MEDICAL JURISPRUDENCE and ETHICS
A hospital or an educational institution founded
by charity is an eleemosynary institution.
USLegal.com
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26. A person who gives his/her opinion or
conclusion on a given scientific evidence is
considered.
A. interrogator
B. expert witness
C. prosecutor
D. ordinary witness
MEDICAL JURISPRUDENCE and ETHICS
26. A person who gives his/her opinion or
conclusion on a given scientific evidence is
considered.
A. interrogator
B. expert witness
C. prosecutor
D. ordinary witness
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28. A patient with PTB was erroneously
diagnosed as lung CA by a licensed result of the
non performance of the properly diagnostic
work-ups.
criminal negligence
B. malpractice
C. dereliction of duty
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MEDICAL JURISPRUDENCE and ETHICS
28. A patient with PTB was erroneously
diagnosed as lung CA by a licensed result of the
non performance of the properly diagnostic
work-ups.
Acriminal negligence
B. malpractice
C. dereliction of duty
D. illegal practice of medicine.
FST
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32. A master is liable for the wrongful acts of his
servant and the principal for those of agents
‘A. Doctrine of Res Ipsa Loquitor
B. Doctrine of Assumption of Risk
C. Doctrine of Respondent Superior
D. Doctrine of Foreseeability
ace
MEDICAL JURISPRUDENCE and ETHICS
32. A master is liable for the wrongful acts of his
servant and the principal for those of agents
A. Doctrine of Res Ipsa Loquitor
B. Doctrine of Assumption of Risk
C. Doctrine of Respondent Superior
D. Doctrine of Foreseeability
CARL E. BALITA] Em NAST Tee Tay
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~ ae ORERespondeat superior embodies the general rule that an employer is
resporsibie forthe negligent acts or omissions of ts employees. Under
Fespondeat superior an employer is able forthe negligent actor
‘omission of any employee acting within the course and scope of his
‘employment. Ths 3 purely dependent or vicarious theory of lability,
meaning s fining of lability is not based on any improper action by
the employer. The fact thatthe employer may have acted reasonably
iniring, training, supervising and retaining the employee Is irrelevant
‘and does not provide = basis on which the employer can avoid iablity
forthe acts of employees. The underlying premise ofrespondeat
superior Is that the cost of torts commited inthe conduct of 8
business enterprise should be borne by that enterprise as a cost of,
doing business. .
Thornton RG. Responsibility for the acts of others. Proc (Bayl Univ Med
Gent] 2010 Ju;25(3):313-% do: 10.1080/089396280.2010.11928641
Pwo: 21240324; PMCIO: PMC2900989.
MEDICAL JURISPRUDENCE and ETHICS
33. The physician wrote a medication order incorrect. The
nurse questioned the physician who said it was alright.
The nurse gave the medication to the patient. The nurse
thought the dosage was correct and the patient died from
an overdose. Who is liable?
‘A. the physician
B. the nurse
C. both the physician and the nurse
D. the hospital
NUT a @ NORNSICAL CONTACTMEDICAL JURISPRUDENCE and ETHICS
33. The physician wrote a medication order incorrect. The
nurse questioned the physician who said it was alright.
The nurse gave the medication to the patient. The nurse
thought the dosage was correct and the patient died from
an overdose. Who is liable?
‘A. the physician
B. the nurse
C. both the physician and the nurse
D. the hospital
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Medical Professionals
‘Typically, the fist target in a medication error case's the physician
who prescribed the medication or the nurse who administered it
Doctors and nurses must not only ensure they prescribe the right
medication but also administer the proper dose and medication
‘Adoctor must take precautions when preserbing, ensuring they are
‘writing the ight medliestion, dosage, and instructions So the pharmacy
Brints the proper information on the patient’ label
1g mecications prescribed by a doctor, must
is correct and that they are giving the ght
medication and dose a prescribed. Nurses are a secondary defense
too. Anurse should question a,physician’s order any time they are
concerned that the prescription was miswritten,
Gladsten Law Firm. Who is able for medication rrors?. 2018
SMeMEDICAL JURISPRUDENCE and ETHICS
ears ohen nd to Fave Several ampuls of Feany Morpher and Petes
He sign ete eran a hemp To
{is eued by hs Phpnne Dangeo: Dro ard on™ amsnarctic
8. The aver shoul have nis possesion the approved documents rom the
fegteaon and Oras Beertmert: Mins babkh of county gestation
MEDICAL JURISPRUDENCE and ETHICS
Rerehaleae iracrg au ine prin ang Pathane
‘seed crttiessiiematit ees
8. The aver shoul haven his possesion the approves documents rom the
Regiiraion and OrogDepertmert Misty f Heakh ais county statin
D.The traveler should are aero copy of hi prescription (writen in Eg)
‘roms doctor to ceri that he asics has Seen preebe to hina eat hs
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‘Check with the foreign embassy ofthe country you will be visitng or
passing through to make sure your medicines are permitted in thet
fount.
Be aware that many countries only allow taking a 30-day supply of|
certain medicines and require the traveler to carrya prescription or a
matical certificate,
If your medicine is banned at your destination, talk with your health
‘cate provider about alternative medicine or destination options, and
have your dactor write a letter describing your condition and the
‘weatment plan
‘The International Narcotics Control Board (INCA) provides general
information about country regulations for travelers carrying medicines
‘that are made with controlled substances, I's Important to note that
INCB may not have information from al countries or teritaries
Centers for Disease Control and Prevention. Traveler's Health,
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MEDICAL JURISPRUDENCE and ETHICS
‘Check with the foreign embassy ofthe country you will be visitng or
passing through to make sure your medicines are permitted in thet
fount.
Be aware that many countries only allow taking a 30-day supply of|
certain medicines and require the traveler to carrya prescription or a
matical certificate,
If your medicine is banned at your destination, talk with your health
‘cate provider about alternative medicine or destination options, and
have your dactor write a letter describing your condition and the
‘weatment plan
‘The International Narcotics Control Board (INCA) provides general
information about country regulations for travelers carrying medicines
‘that are made with controlled substances, I's Important to note that
INCB may not have information from al countries or teritaries
Centers for Disease Control and Prevention. Traveler's Health,
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35, A common ethical concept of medicine which
reflects of a professional value of doing no harm to
the patient in the execution of task is
A. Beneficence
B. Non Maleficence
C. Autonomy
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2. The Principle of Nonmaleficence
‘The principle of nonmaleficence requires of us that we not
intentionally create a harm oF injury tothe patient, elther through acts
‘of commission or omission. In. common language, we consider it
negligent one imposes a careless or unreasonable risk of harm upon
‘another. Providing 2 proper standard of care that avoids or minimizes
the risk of harm ls supported not only by our commonly held moral
convictions, but by the laws of society 33 well (see Law and Mecical
Etnies). This principle affirms the need for medical competence. Its
clear that medical. mistakes may occur; however, this. principle
Srtculates a fundamental commitment on the part of health care
professionals to protect thelr patients from harm.
Univesity of Washington. Department of Bloethics and Humanities,
Principles of Bioethics.
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