Medical Jurisprudence - Rights of Physicians

Rights Inherent to the Privilege to Practice Medicine

1.right to choose patients
2.right to limit the practice of profession
3.right to determine the appropriate management procedure
4.right to avail of hospital services

Rights Incidental to the Privilege to Practice Medicine

1.right of way while responding to the call of emergency
2.right of exemption from execution of instruments & library
3.right to certain public or private office
Rights Incidental -
4.right to perform certain services
5.right of compensation
6.right of membership to medical society

Right to choose patients

-general rule - right to choose patients
exception - emergency cases
exception to the exception - risk to the life of the physician
Right to choose patients
-A II, Sec 2, Code of Ethics - a physician is free to choose whom to serve
-A II, Sec 3, Code of Ethics - in cases of emergency, a physician should administer at least 1st aid
treatment & then refer the patient to a more qualified & competent
physician
Right to limit his medical practice
-limitation of practice - on his field of specialty
- in private clinic or hospital
- within a geographical or political boundary
- on certain days of the week/ certain hours of the day
- by dictate of his conscience
Right to avail of hospital services
-diagnostic or treatment
-services of competent medical or paramedical personnel
-best interest of the patient is served if he is confined in the hospital

Right to determine appropriate management procedure

-subject to the patient's enlightened or informed consent, financial capacity
-doctrine of superior knowledge
-principle of autonomy
Right of way while responding to emergency call
-emergency - an unforeseen event w/c calls for immediate action to preserve the life or
maintain the health of a person
-ambulance & vehicles of physicians are given due preference in the use of the road

Right of exemption from execution of instruments & library

-attachment - to have the property of the defendant attached as security for satisfaction of any
judgment
-exception - instruments may be seized if they are used in the commission of crime
Right to certain public or private office
-certain positions - health officer, member of medical staff of a hospital

Right to perform certain services

-services w/c cannot be delegated
-services w/c can be performed by qualified physicians

Right of membership to medical societies

-to promote camaraderie
-enhances the sharing of knowledge & keeping abreast of knowledge thru seminars
Right to compensation
-medical profession is not a business
-based on P-P relationship w/c is a contract
-may be gratuitous - poor patients
-professional courtesy - willingly render gratuitous service to colleague, spouse & minor children,
parents who are being supported by the colleague
-should not charge exorbitant fees
Kinds of professional fees:
1.simple contractual fee
2.retainer's fee
-measured by the space & time, not by quantity or quality of medical service
3.contingent fee
-depends on the success or failure of treatment
4.dichotomous fee or fee-splitting
-soloicitation of patients thru agents is unethical
5.straight fee or “pakyaw system”
-package deal
-amount of professional fee is dependent on remaining balance
Factors influencing the amount of medical fee:
1.nature & character of service rendered
2.labor, time & trouble involved
3.importance & responsibility in the case
4.professional character & social standing of the physician
5.result secured
6.financial capacity of the patient
7.purchasing power of the peso
8.local customs
Instances when the physician cannot recover professional fee:
1.when there is an agreement that it is gratuitous
2.professional services rendered by physicians in government hospitals
3.waiver on the part of the physician

Methods of collection of payment of medical services:

1.extrajudicial
-billing or bill collection agency
2.judicial
-filing necessary action in court
Facts to be proven in court:
1.that the physician employed to render professional service is duly qualified & licensed to
practice medicine in the Phil.
2.that he has performed professional service to the patient
3.that the professional fee demanded is reasonable
4.the person liable to pay is the defendant

*quantum meruit - when a person employed to do work for him w/out agreement as to his
compensation, the law implies that the employer will pay him for his
services as much as he deserves
Duties of Physician
1.duty to possess the knowledge & skill of an average physician
- comply strictly with the standard of medical care observed by his peers in his particular
field of practice
2.duty to use such knowledge & skill with care & diligence
- like a good father of the family
3.duty to exercise the best judgment & good faith
- cannot be held liable for honest mistake of judgment
4.duty to keep the secrets & confidentialities of his patients
- exception - required by law
Rights of Patients
1.right to give consent to diagnostic & treatment procedures
2.right to religious belief
3.right of privacy
4.right of disclosure of information
5.right to confidential information
6.right to choose physician
7.right to treatment
8.right to refuse necessary treatment
Rights of the Patient
1.right to appropriate medical care & humane treatment
2.right to his religious belief
3.right to refuse treatment
4.right to informed consent
5.right to choose his physician notwithstanding his affiliation w/ any health insurance org.
6.right to medical records
7.right to privacy & confidentiality
8.right to second or third opinion
9.right to leave
Rights of the Patient
10.right to information
11.right to self-determination
12.right to refuse participation in medical research
13.right to express grievance
14.right to be informed of his rights & obligations
Obligations of Patients to their Physicians
1.to provide accurate & complete information
2.to know & understand the terms & conditions that are included in the P-P relationship
3.to understand the purpose & cost of treatment
4.to settle financial obligations
5.to accept the consequences of his own informed consent
6.the obligation to himself & others
7.to exhaust grievance mechanism
8.to report unexpected health changes
Societal Rights of Patients from the Government:
1.the right to health from the government
2.the right to access quality public health care
3.the right to a healthy & safe workplace
4.the right to prevention & educational programs
5.the right to participate in policy decisions regarding health
6.the right to essential goods, health & other social services available to all people at
affordable cost
7.the right to priority for the needs of the underprivileged, sick, elderly, disabled, women,
and children. The government endeavors to provide free medical care to paupers.