LEGAL MEDICINE AND

MEDICAL JURISPRUDENCE
DEFINITION OF TERMS:
LEGAL MEDICINE – branch of medicine that deals with the
applications of medical knowledge to legal problems and legal
proceedings
- also called forensic medicine

BRANCHES:
1. Forensic pathology –cause and manner of death
2. Clinical Forensic Medicine - evaluation and interpretation of injuries
and illness in living individuals
3. Forensic toxicology – analysis and interpretation of drugs and chemical in
biological samples for legal purposes
 LEGAL MEDICINE AND
MEDICAL JURISPRUDENCE
DEFINITION OF TERMS:
BRANCHES:

4. Forensic serology – study of serological and DNA analyses of

bodily fluids for the purpose of identification and
individualization
5. Forensic psychiatry – studies, evaluates and identifies
mentally related illnesses and behavior
6. Forensic anthropology – application of science of physical
anthropology and human osteology where the victim’s
remains are decomposed, burned, mutilated or
otherwise
unrecognizable
HIPPOCRATIC OATH

I swear by Apollo the Healer, by Aesculapius, by Health

and all the powers of healing and to call witness all the Gods and Goddesses
that I may keep this oath and promise to the best of my ability and judgment.

I will pay the same respect to my master in the science as to my parents

and share my life with him and pay all my debts to him.

I will regard his sons as my brothers and teach them the science,
if they desire to learn it, without fee or contract.
HIPPOCRATIC OATH

I will hand on precepts, lectures and all other learning to my sons, to those of my master
and to those pupils duly appointed and sworn and to none other.

I will use my power to help the sick to the best of my ability and judgment.

I will abstain from harming or wrong doing any man by it.

I will not give a fatal draught to anyone if I am asked, nor will I suggest any such thing.
HIPPOCRATIC OATH

Neither will I give a woman means to procure an abortion.

I will be chaste and religious in my life and in my practice.

I will not cut, even for the stone, but I will leave such procedures to the practitioners of that craft.

Whenever I go into a house I will go to help the sick and never with the intention of doing harm or injury.
HIPPOCRATIC OATH

I will not abuse my position to indulge in sexual contacts with the bodies of women or of men whether
they be freemen or slaves.

Whatever I see or hear, whether professionally or privately which ought not to be divulged I will keep
secret and tell no one.

If therefore, I observe this oath and do not violate it, may I prosper both in my life and in my profession,
earning good repute among all men for all time. If I transgress and foreswear this oath, may my lot
be otherwise.
MODERN HIPPOCRATIC OATH (WRITTEN IN 1964 BY LOUIS LASAGNA)
I swear to fulfill, to the best of my ability and judgment, this covenant:

I will respect the hard-won scientific gains of those physicians in whose steps I walk, and gladly share
such knowledge as is mine with those who are to follow.

I will apply, for the benefit of the sick, all measures [that] are required, avoiding those twin traps of
overtreatment and therapeutic nihilism.

I will remember that there is art to medicine as well as science, and that warmth, sympathy, and
understanding may outweigh the surgeon's knife or the chemist's drug.
MODERN HIPPOCRATIC OATH
I will not be ashamed to say "I know not," nor will I fail to call in my colleagues when the
skills of another are needed for a patient's recovery.

I will respect the privacy of my patients, for their problems are not disclosed to me that the world may
know. Most especially must I tread with care in matters of life and death. If it is given me to save a
life, all thanks. But it may also be within my power to take a life; this awesome responsibility must
be faced with great humbleness and awareness of my own frailty. Above all, I must not play at God.

I will remember that I do not treat a fever chart, a cancerous growth, but a sick human being, whose
illness may affect the person's family and economic stability. My responsibility includes these
related problems, if I am to care adequately for the sick.
MODERN HIPPOCRATIC OATH

I will prevent disease whenever I can, for prevention is preferable to cure.

I will remember that I remain a member of society, with special obligations to all my fellow human
beings, those sound of mind and body as well as the infirm.

If I do not violate this oath, may I enjoy life and art, respected while I live and remembered with
affection thereafter. May I always act so as to preserve the finest traditions of my calling and
may I
long experience the joy of healing those who seek my help.
THE PHYSICIAN’S PLEDGE (68TH WMA GENERAL ASSEMBLY, CHICAGO, UNITED STATES,

OCTOBER 2017)

AS A MEMBER OF THE MEDICAL PROFESSION:

I SOLEMNLY PLEDGE to dedicate my life to the service of humanity;

THE HEALTH AND WELL-BEING OF MY PATIENT will be my first consideration;

I WILL RESPECT the autonomy and dignity of my patient;

I WILL MAINTAIN the utmost respect for human life;

I WILL NOT PERMIT considerations of age, disease or disability, creed, ethnic origin, gender, nationality,
political affiliation, race, sexual orientation, social standing or any other factor to intervene
between
my duty and my patient;

I WILL RESPECT the secrets that are confided in me, even after the patient has died;
I WILL PRACTISE my profession with conscience and dignity and in accordance with good medical
practice;
I WILL FOSTER the honour and noble traditions of the medical profession;

I WILL GIVE to my teachers, colleagues, and students the respect and gratitude that is their due;

I WILL SHARE my medical knowledge for the benefit of the patient and the advancement of healthcare;
I WILL ATTEND TO my own health, well-being, and abilities in order to provide care of the highest
standard;
I WILL NOT USE my medical knowledge to violate human rights and civil liberties, even under threat;
I MAKE THESE PROMISES solemnly, freely, and upon my honour.
 THE MEDICAL ACT OF 1959 (RA 2382)
Objectives:
1. Standardization and regulation of medical education;
2. Examination for registration of physicians; and
3. Supervision, control and regulation of the practice of
medicine in the Philippines.

Implementing agencies:
4. Board of Medical Education under the Department of
Education, and
5. Board of Medical Examiners (now PRC) under the
Commissioner of Civil Service.
 THE MEDICAL ACT OF 1959 (RA 2382)
SECTION 8. Prerequisite to the practice of medicine.
No person shall engage in the practice of medicine
in the Philippines unless:
1. At least twenty-one years of age
2. Has satisfactorily passed the corresponding board
examination, and
3. A holder of a valid certificate of registration duly issued
to him by the board of medical examiners.
 THE MEDICAL ACT OF 1959 (RA 2382)
SECTION 9. Candidates for board examination
Qualifications:
1) Citizen of the Philippines or a citizen of any foreign country
who has submitted competent and conclusive documentary
evidence, confirmed by the department of foreign affairs, showing
that his country’s existing laws permit citizens of the Philippines
to practice medicine under the same rules and regulations
governing citizens thereof (Reciprocity);
(2) Of good moral character;
 THE MEDICAL ACT OF 1959 (RA 2382)

SECTION 9. Candidates for board examination

Qualifications:
(3) Of sound mind;
(4) Not have been convicted by a court of competent jurisdiction
of any offense involving moral turpitude; and
(5) A holder of the degree of doctor of medicine or its equivalent,
conferred by a college of medicine duly recognized by the
Department of Education.
 THE MEDICAL ACT OF 1959 (RA 2382)

SECTION 10. Acts constituting practice of medicine.

A person shall be considered as engaged in the practice of
medicine
(a) who shall, for compensation, fee, salary or reward in any form,
paid to him directly or through another, or even without the same,
physical examine any person, and diagnose, treat, operate or
prescribe any remedy for any human disease, injury, deformity,
physical, mental or physical condition or any ailment, real or
imaginary, regardless of the nature of the remedy or treatment
administered, prescribed or recommended; or
 THE MEDICAL ACT OF 1959 (RA 2382)

SECTION 10. Acts constituting practice of medicine.

(b) who shall, by means of signs, cards, advertisements, written or

printed matter, or through the radio, television or any other means of
communication, either offer or undertake by any means or method to
diagnose, treat, operate or prescribe any remedy for any human
disease, injury, deformity, physical, mental or physical condition;
or (c) who shall use the title M.D. after his name.
 THE MEDICAL ACT OF 1959 (RA 2382)

SECTION 11. Exemptions:

1. any medical student duly enrolled in an approved medical college or school
under training, serving without any professional fee in any government or
private hospital, provided that he renders such service under the direct
supervision and control of a registered physician;
2. any legally registered dentist engaged exclusively in the practice of
dentistry;
 THE MEDICAL ACT OF 1959 (RA 2382)

SECTION 11. Exemptions:

3.. any duly registered masseur or physiotherapist, provided that he applies

massage or other physical means upon written order or prescription of a duly
registered physician, or provided that such application of massage or physical
means shall be limited to physical or muscular development;
4. any duly registered optometrist who mechanically fits or sells lenses,
artificial eyes, limbs or other similar appliances or who is engaged in the
mechanical examination of eyes for the purpose of constructing or adjusting
eye glasses, spectacles and lenses;
 THE MEDICAL ACT OF 1959 (RA 2382)

SECTION 11. Exemptions:

5. any person who renders any service gratuitously in cases of emergency, or in
places where the services of a duly registered physician, nurse or midwife are
not available;
6. any person who administers or recommends any household remedy as per
classification of existing pharmacy laws; and
7. any psychologist or mental hygienist in the performance of his duties,
provided such performance is done in conjunction with a duly registered
physician.
 THE MEDICAL ACT OF 1959 (RA 2382)

SECTION 28. PENALTIES.

ANY PERSON FOUND GUILTY OF “ILLEGAL PRACTICE OF MEDICINE” SHALL BE
PUNISHED BY:
1. A FINE OF NOT LESS THAN ONE THOUSAND PESOS NOR MORE THAN TEN
THOUSAND PESOS WITH SUBSIDIARY IMPRISONMENT IN CASE OF
INSOLVENCY;
2. OR BY IMPRISONMENT OF NOT LESS THAN ONE YEAR NOR MORE THAN FIVE
YEARS, OR BY BOTH SUCH FINE AND IMPRISONMENT, IN THE DISCRETION OF
THE COURT.
 LAW AND THE PRACTICE OF MEDICINE

The right to regulate the practice of medicine is based on the police power
of the state.

Purposes of the Law:

1. Maintain high standard of practice by setting up rules and regulations
with regards to qualifications and procedure for admission to the
profession.
2. Provides legal safeguards to guarantee the safety of patients and
impose liability to the practitioner
ADMISSION TO THE PRACTICE OF MEDICINE

Prerequisites:
1. Minimum age requirement
At least 21 years old
2. Proper educational background
Requirements for admission in the College of Medicine
Holder of a Bachelor’s degree
Not convicted of any crime involving moral turpitude
Certificate of Eligibility from the Board of Medical Education
Good moral character
 PRACTICE OF MEDICINE

. A privilege or franchise granted by the State to any person

to perform medical acts
. Diagnosing and applying and the usage of medicine and
drugs for curing, mitigating or relieving bodily disease
or conditions
. Must be in compliance with the law (Medical Act of 1959)
 THE MEDICAL ACT OF 1959 (RA 2382)

SECTION 10. Acts constituting practice of medicine.

A person shall be considered as engaged in the practice of
medicine
(a) who shall, for compensation, fee, salary or reward in any form,
paid to him directly or through another, or even without the same,
physical examine any person, and diagnose, treat, operate or
prescribe any remedy for any human disease, injury, deformity,
physical, mental or physical condition or any ailment, real or
imaginary, regardless of the nature of the remedy or treatment
administered, prescribed or recommended; or
 THE MEDICAL ACT OF 1959 (RA 2382)

SECTION 10. Acts constituting practice of medicine.

(b) who shall, by means of signs, cards, advertisements, written or

printed matter, or through the radio, television or any other means of
communication, either offer or undertake by any means or method to
diagnose, treat, operate or prescribe any remedy for any human
disease, injury, deformity, physical, mental or physical condition;
or (c) who shall use the title M.D. after his name.
 THE MEDICAL ACT OF 1959 (RA 2382)

DOES NOT CONSTITUTE PRACTICE OF MEDICINE BY DECISION

OF COURTS:
1. BLOOD PRESSURE READING
2. APPLICATION OF MEDICATED MASSAGE
3. HOSPITAL
4. NURSE ANESTHETIST
 FAITH HEALING

Nothing in the Medical Act exempts it from the definition which constitute
practice of medicine
Related to constitutional guarantee to religious freedom ( freedom to
believe and freedom to act in accordance to one’s belief);
Acting in pursuance of his religious belief and with the tenets of his church
he professes, not deemed to be a practice of medicine but part of
religious freedom
 THE MEDICAL ACT OF 1959 (RA 2382)

Why an artificial person cannot practice medicine

- Cannot be subjected to licensure examinations as required by law
- Practice of medicine may be employed and controlled by unqualified
physicians
- Professional relationship between the patient and the physician will be
impaired
- Patients maybe deprived his free choice of physicians
 PHYSICIAN-PATIENT RELATIONSHIP

A contract , a meeting of minds between two persons whereby one binds

himself with respect to the other, to give something or to render some
service
 NATURE OF THE RELATIONSHIP

Consensual – based on mutual of both parties

Fiduciary – based on mutual trust and confidence
REQUISITES OF A CONTRACTUAL RELATIONSHIP

Consent – manifested by the meeting of the offer and acceptance upon the
thing and the cause which are to institute the contract
Object – the subject matter of the contract which is the medical service w
the patient wants to be rendered to him by his physician
Cause – the consideration or the factor that instigated the physician to
render the medical service to the patient which could be renumeratory or
an act of liberality
 RELATIONSHIP

1. Expressed – explicitly stated orally or in writing

2. Implied – the existence can be inferred from the acts of the
contracting parties
 RELATIONSHIP

By decision of courts
1. Pre-employment PE for purposes of determining suitability for
employment
2. PE for insurance eligibility
3. Physician appointed by court to examine the accused
4. Performing an autopsy
5. Casual consultation in an unordinary place
• PSYCHOLOGICAL PATTERNS OF PHYSICIAN-PATIENT
RELATIONSHIP ACTIVITY-PASSIVITY RELATION
In emergency cases when the patient is unconscious, there is no
interaction between the physician and the patient as the
latter could not contribute to the activity
• GUIDANCE-COOPERATION RELATION
The physician is in position of trust. Patient is conscious and
suffering from pain, anxiety and other distressing symptom, he
seeks help and willing to cooperate
• MUTUAL PARTICIPATION RELATION
It is the nature of a negotiated agreement between equal parties.
 DUTIES AND OBLIGATIONS OF THE PHYSICIAN
IN THE PHYSICIAN-PATIENT RELATIONSHIP

1. He should possess the knowledge and skill of which an average

physician must possess;
- General Practioner vs. Specialist
2. He should use such knowledge and skill with ordinary care and
diligence
 DUTIES AND OBLIGATIONS OF THE PHYSICIAN
IN THE PHYSICIAN-PATIENT RELATIONSHIP

“Locality rule” – standard of care measured by the degree of care in the

locality
“Similar locality rule” – diligence is determined when the other physician
in the locality or similar locality could have acted the same
“National standard of care”- the diligence is determined on what is
applicable on a nation standard basis
 DUTIES AND OBLIGATIONS OF THE PHYSICIAN
IN THE PHYSICIAN-PATIENT RELATIONSHIP

3. He is obliged to exercise the best judgment

4. He has the duty to observe utmost good faith
 CAVEAT

• Physician-Patient relationship does not imply guaranty or any promise

that the treatment will be successful
• It does not imply any promise or guaranty that the treatment will
benefit the treatment
• It does not imply any promise or guaranty that the treatment will
produce certain result
 CAVEAT

• It does not promise or guaranty that the treatment will not harm the
patient
• It does not promise that the physician will not commit errors in an
honest way
 DUTIES AND OBLIGATIONS IMPOSED ON THE
PATIENT IN THE COURSE OF THE PHYSICIAN-
PATIENT RELATIONSHIP

1. He must give an honest history

2. He must inform the physician of what occurred in the course of the
treatment
3. He must cooperate and follow the instructions, orders and
suggestions of the physician
 DUTIES AND OBLIGATIONS IMPOSED ON THE
PATIENT IN THE COURSE OF THE PHYSICIAN-
PATIENT RELATIONSHIP

4. He must state whether he understands the contemplated course of

action
5. He must exercise the prudence to be expected of an ordinary patient
under the same circumstances.
STAGES OF PHYSICIAN-PATIENT RELATIONSHIP

COMMENCEMENT
- the very time the physician is obliged to comply with the legal
duties
and obligations to his patient

Examples:
-upon consultation – in the clinic or thru text
- upon admission
-
 STAGES OF PHYSICIAN-PATIENT RELATIONSHIP

TERMINATION
- the time when the duties and obligations by a physician to his patient ceases
Examples:
1. Recovery of the patient or when the physician considers that his medical services are no
longer beneficial to the patient
2. Withdrawal of the physician provided a. patient consented and patient is given ample
time and notice
STAGES OF PHYSICIAN-PATIENT RELATIONSHIP

TERMINATION
- the time when the duties and obligations by a physician to his patient ceases
Examples:
3. Patient is discharged
4. Death of either party
5. Incapacity of the physician
STAGES OF PHYSICIAN-PATIENT RELATIONSHIP

TERMINATION
- the time when the duties and obligations by a physician to his patient ceases
Examples:
6. Fulfillment of the obligation stipulated in the contract
7. In emergency cases, when the physician of choice of the patient is already available the
condition of emergency cease
8. Expiration of the period as stipulated
9. Mutual agreement for its termination
 RIGHTS OF PHYSICIAN

INHERENT RIGHTS
1. To choose patients- especially the doctors is in danger
2. To limit practice of medicine-
3. To determine appropriate management- Doctors have their own
management style
4. To avail of hospital services-
 RIGHTS OF PHYSICIAN

INCIDENTAL RIGHTS
1. Right of way while responding to an emergency- right to pass
2. Right of exemption from execution of instruments and-
3. Liberty to hold certain public office/private offices
4. Rights to perform certain service
5. Rights to compensation
6. Rights to membership in medical societies

RIGHTS GENERALLY ENJOYED BY EVERY CITIZEN

(Bill of Rights)
 RIGHTS OF PHYSICIAN

RIGHT TO CHOOSE PATIENTS

• Any person who is given the right to practice medicine is not obliged
to practice medicine
• He cannot be compelled to accept professional employment
• NB: The law does not give any qualification the right of the physician
to choose his patient but the Code of Medical Ethics provides an
exception - in case of an emergency and there is no threat against his
life
 RIGHTS OF PHYSICIAN

RIGHT TO LIMIT HIS MEDICAL SPECIALTY

• Field of specialty- only practice where he is the member of the society
• Private clinic or hospital
• Within a political/geographical boundary
• Certain days of the week/hours of the day
• Certain class of people
• With due regard to conscience
• Retirement
• Imposed by the public, religion, professional ethics, medical society,
law and contract
 RIGHTS OF PHYSICIAN

RIGHT TO AVAIL OF HOSPITAL SERVICES

• Right to determine the appropriate management procedure
• Doctrine of Superior knowledge
- the physician has superior knowledge and the patient just follows
orders or instructions and usually places himself in the command
and
control of the physician
• Right of way while responding to the call of emergency
 RIGHTS OF PHYSICIAN

RGHT TO COMPENSATION
-Based on the physician-patient contractual relationship
- Existence of friendship does not imply gratuitous services
- Code of Ethics provides: gratuitous service to a colleague, to his wife
and minor children or even parents provided the latter are aged and
being supported by the colleague …does not apply to those who are no
longer in active service
 RIGHTS OF PHYSICIAN

RIGHT TO COMPENSATION
Doctrine of Unjust Enrichment
- No one must enrich himself at the expense of other
- “Service rendered, service paid”
 RIGHTS OF PHYSICIAN

RIGHT TO COMPENSATION
Method of Collection of Payment for Medical Services
1. Extra-judicial – billing or referral to a bill collection agency
2. Judicial Methods
Facts to be proven in court
a. Physician employed is July qualified and licensed
b. The Physician has rendered professional service to the patient
c. The professional fee demanded is reasonable
d. The person liable for the payment is the defendant
 RIGHTS OF PHYSICIAN

RIGHT TO COMPENSATION
Who is liable to pay?
1. The patient – legal age, of sound mind and has the capacity to enter
into a contractual relation
2. If the patient dies, or becomes legally incapacitated, in order:
a. spouse;
b. descendants, of the nearest degree;
c. brothers and sisters
 RIGHTS OF PHYSICIAN
RIGHT TO COMPENSATION
Instances where the physician cannot recover professional fees:
1. Agreement that the service is gratuitous;
2. In government charity hospitals, health centers and other similar
health units;
3. Rendered in private charitable institutions, if expressly gratuitous to
the indigent patients;
4. Breach of contract;
 RIGHTS OF PHYSICIAN
RIGHT TO COMPENSATION
Instances where the physician cannot recover professional fees:
5. Waiver on the part of the physician
6. When the physician cannot charge the patient pursuant to the Code of
Ethics;
7. Those covered by PhilHealth
8. Medical services rendered under a contract of employment unless
expressly provided otherwise.
 RIGHTS OF PATIENTS

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 to treatment
8. Right to refuse necessary treatments
 RIGHTS OF PATIENTS

1. RIGHT TO GOOD QUALITY HEALTH CARE AND HUMANE TREATMENT

- WITHOUT DISCRIMINATION
- WITHIN THE LIMITS OF THE RESOURCES, MANPOWER AND COMPETENCE
AVAILABLE FOR HEALTH AND MEDICAL CARE
- RESPECT FOR HUMAN DIGNITY, CONVICTIONS, INTEGRITY, INDIVIDUAL
NEEDS AND CULTURE
 RIGHTS OF PATIENTS

1. RIGHT TO GOOD QUALITY HEALTH CARE AND HUMANE TREATMENT

IF DELAYED TREATMENT – MUST BE INFORMED OF THE REASON FOR

DELAY
EMERGENCY CASES – EXTENDED MEDICAL CARE AND TREATMENT
WITHOUT REQUIRING ANY PECUNIARY
CONSIDERATION

EMERGENCY CASES – ONE WHO IS IN IMMEDIATE THREAT OF DYING

OR LOSING A LIMB
 RIGHTS OF PATIENTS

2. RIGHT TO DIGNITY

- DUE RESPECT TO PATIENT’S DIGNITY, CULTURE AND VALUES

- TERMINALLY ILL PATIENTS BE GIVEN HUMANE TERMINAL CARE TO MAKE
DYING AS DIGNIFIED AND COMFORTABLE AS
POSSIBLE
 RIGHTS OF PATIENTS

3. RIGHT TO BE INFORMED OF HIS RIGHTS AND OBLIGATIONS AS A PATIENT

- DUTY OF THE HEALTH CARE INSTITUTIONS

- MASSIVE INFORMATION CAMPAIGN
- AS POSSIBLE
 RIGHTS OF PATIENTS

4. RIGHT TO CHOOSE HIS PHYSICIAN/HEALTH INSTITUTION

- EXCEPT , WHEN ADMITTED IN THE CHARITY WARD

o Official attending physician – name appearing in the medical records
- RIGHT TO SEEK A SECOND OPINION AND SUBSEQUENT OPINIONS
FROM ANOTHER PHYSICIAN
- RIGHT TO CHANGE HIS PHYSICIAN OR HEALTH INSTITUTION
 RIGHTS OF PATIENTS

5. RIGHT TO INFORMED CONSENT

- RIGHT TO SELF DETERMINATION AND TO MAKE FREE DECISIONS

REGARDING HIMSELF/HERSELF
- ATTENDING PHYSICIAN MUST INFORM PATIENT OF THE POSSIBLE
CONSEQUENCES OF HIS/HER DECISIONS
- RIGHT TO A CLEAR EXPLANATION, IN LAYMAN’S TERMS, ALL THAT IS TO BE
DONE TO HER
DIAGNOSTIC, THERAPEUTIC, THE PERSON WHO WILL DO IT
 RIGHTS OF PATIENTS

5. RIGHT TO INFORMED CONSENT

EXPLANATION – THE AMOUNT OF INFORMATION NECESSARY AND

INDISPENSABLE FOR HIM TO INTELLIGENTLY GIVE HIS
CONSENT ,
INCLUDING, BUT NOT LIMITED TO:
a. Benefits, risks, side effects/complications
b. Probability of success or failure
c. Consequences if consent is not given
 RIGHTS OF PATIENTS

5. RIGHT TO INFORMED CONSENT

CONSIDERATIONS:
1. COMPREHENSIVE ABILITY OF THE PATIENT/REPRESENTATIVE – LEVEL OF
EDUCATION, DIALECT/LANGUAGE (VISUAL AIDS MAY HELP)
2. VOLUNTARINESS – MUST BE ALLOWED TO ASK QUESTIONS, CONSULT KINS
OR ANOTHER EXPERT OPINION
3. IF PATIENT IS UNCONSCIOUS OR UNABLE TO EXPRESS HIS WILL- A LEGAL
REPRESENTATIVE
4. CASES WHICH NEED URGENT INTERVENTION – PATIENT’S CONSENT IS
PRESUMED
5. PATIENTS WHO ATTENDED SUICIDE – ALWAYS TRY TO SAVE
 RIGHTS OF PATIENTS

5. RIGHT TO INFORMED CONSENT

CONSIDERATIONS:
6. EVEN IF LEGALLY INCOMPETENT OR MINOR:
a. BUT CAN MAKE RATIONAL DECISIONS, RESPECT HIS DECISION . HE
HAS THE RIGHT TO FORBID DISCLOSURE OF SUCH INFORMATION TO
HIS LEGAL REPRESENTATIVE
 RIGHTS OF PATIENTS

5. RIGHT TO INFORMED CONSENT

CONSIDERATIONS:
6. EVEN IF LEGALLY INCOMPETENT OR MINOR:
B. BEST INTEREST DOCTRINE
i. if legal representative forbids treatment and in AP’s opinion it is contrary
to the patient’s best interest – AP may challenge decision in court
ii.in emergency cases, the physician shall act in the patient’s best interest
iii.in emergency cases, where no one can give the consent , AP can perform
ANY emergency or treatment procedure in the best interest of the patient
 RIGHTS OF PATIENTS

6. RIGHT TO REFUSE DIAGNOSTIC AND MEDICAL TREATMENT

PROCEDURES, PROVIDED THAT THE FOLLOWING CONDITIONS ARE
SATISFIED:

a. Patient is of legal age and mentally competent;

b. The patient is informed of the medical consequences of his/her refusal;
c. The patient releases those involved in his care from any obligation relative to
the consequences of his/decision; and
d. The Patients refusal with not jeopardize public health and safety
 RIGHTS OF PATIENTS

7. RIGHT TO REFUSE PARTICIPATION IN MEDICAL RESEARCH

- RIGHT TO BE ADVISED OF PLANS TO INVOLVE HIM/HER IN MEDICAL

RESEARCH THAT MAY AFFECT THE CARE OR TREATMENT OF HIS/HER
CONDITION
- PROPOSED RESEARCH SHALL BE PERFORMED ONLY UPON THE WRITTEN
INFORMED CONSENT OF THE PATIENT
 RIGHTS OF PATIENTS

8. RIGHT TO RELIGIOUS BELIEF AND ASSISTANCE

- RECEIVE SPIRITUAL AND MORAL COMFORT

- REFUSE MEDICAL TREATMENT OR PROCEDURES WHICH MAY BE CONTRARY
TO HIS RELIGIOUS BELIEFS
 RIGHTS OF PATIENTS

9. RIGHT TO PRIVACY AND CONFIDENTIALITY

- PRIVACY AND PROTECTION FROM UNWARRANTED PUBLICITY, PRIVATE OR

PUBLIC, WHICH TEND TO REVEAL HIS PERSON AND IDENTITY AND THE
CIRCUMSTANCES UNDER WHICH HE WAS, OR HE WILL BE, UNDER MEDICAL
OR SURGICAL CARE OR TREATMENT
- RIGHT EXTENDS EVEN AFTER DEATH
- DESCENDANTS MAY HAVE A RIGHT OF ACCESS TO INFORMATION THAT WILL
INFORM THEM OF THEIR HEALTH RISKS
 RIGHTS OF PATIENTS

9. RIGHT TO PRIVACY AND CONFIDENTIALITY

EXCEPTIONS:
a. When the patient’s medical or physical condition is in controversy in a court
litigation and the court, in its discretion, orders the patient to submit to
physical or mental examination of a physician;

b. When public health or safety so demands;

c. When the patient or his legal representative expressly gives the consent
 RIGHTS OF PATIENTS

9. RIGHT TO PRIVACY AND CONFIDENTIALITY

EXCEPTIONS:

d. When his condition is discussed in a medical or scientific forum for expert

discussion for his benefit or for the advancement of science and
medicine
(his identity must not be revealed); and

e. When it is otherwise required by law.

 RIGHTS OF PATIENTS

10. RIGHT TO DISCLOSURE OF, AND ACCESS TO, INFORMATION

a. Right to be informed of the results of evaluation of his disease

b. Any additional tests which only can be done with his written consent
c. Right to choose who he wants to be informed in her behalf
d. Right not to be informed, except when required for the protection of another
person’s life
e. Right to an itemized and explanation of such bill
 RIGHTS OF PATIENTS

10. RIGHT TO DISCLOSURE OF, AND ACCESS TO, INFORMATION

EXCEPTION : THE INFORMATION WILL CAUSE MENTAL SUFFERING OR

FURTHER IMPAIR HIS HEALTH
- Withheld entirely or deferred upon due consultation with family
- Given in a way appropriate to the local culture and understandable
 RIGHTS OF PATIENTS

11. RIGHT TO CORRESPONDENCE AND TO RECEIVE VISITORS

- RIGHT TO COMMUNICATE WITH HIS RELATIVES AND TO RECEIVE VISITORS

SUBJECT TO REASONABLE RULES AND REGULATIONS
 RIGHTS OF PATIENTS

12. RIGHT TO MEDICAL RECORDS

- HEALTH CARE INSTITUTION (HCI) AND THE PHYSICIAN SHALL SAFEGUARD

THE INTEGRITY AND AUTHENTICITY OF THE MEDICAL RECORDS
- RIGHT TO MEDICAL CERTIFICATE AND MEDICAL ABSTRACT
- RIGHT TO VIEW, OBTAIN EXPLANATION OF THE CONTENTS OF HIS RECORDS
FOR THE AP
EXCEPT : PSYCHIATRIC NOTES AND OTHER INCRIMINATING
INFORMATION OBTAINED ABOUT A THIRD PARTY
- RIGHT TO REPRODUCTION OF HIS MEDICAL RECORDS, DOCUMENTS
AVAILABLE FOR INSURANCE CLAIMS
EXCEPT : PSYCHIATRIC NOTES AND OTHER INCRIMINATING
INFORMATION OBTAINED ABOUT A THIRD PARTY
 RIGHTS OF PATIENTS

13. RIGHT TO HEALTH EDUCATION

- HEALTH EDUCATION THAT WILL ASSIST HIM IN MAKING INFORMED CHOICES

 RIGHTS OF PATIENTS

14. RIGHT TO LEAVE AGAINST MEDICAL ADVICE – ANYTIME REGARDLESS

OF HIS MEDICAL CONDITION

REQUISITES:
A. HE IS INFORMED OF THE CONSEQUENCES OF HIS DECISION
B. HE RELEASES THOSE INVOLVED IN HIS CARE FROM ANY
OBLIGATION (WAIVER)
C. HIS DECISION WILL NOT PREJUDICE PUBLIC HEALTH AND
SAFETY
 RIGHTS OF PATIENTS

15. RIGHT TO EXPRESS GRIEVANCES

 RIGHTS OF PATIENTS

SOCIAL RIGHTS

a. Right to health
b. Right to access to quality public health care
c. Right to a healthy and safe workplace
d. Right to medical information and education program
e. Right to participate in policy decisions
f. Right to access to health facilities
g. Right to an equitable and economical use of resources
h. Right to continuing health care
i. Right to be provided quality health care in times if insolvency
 RIGHTS OF PATIENTS

OBLIGATIONS AND RESPONSIBILITIES OF PATIENTS

1. KNOW RIGHTS – ENSURE THAT HE KNOWS AND UNDERSTANDS HIS RIGHTS

AND EXERCISE THESE RESPONSIBLY AND REASONABLY
2. PROVIDE ADEQUATE, ACCURATE AND COMPLETE INFORMATION
3. REPORT UNEXPECTED HEALTH CHANGES
4. UNDERSTAND THE PURPOSE AND COST OF TREATMENT
 RIGHTS OF PATIENTS

OBLIGATIONS AND RESPONSIBILITIES OF PATIENTS

5. ACCEPT THE CONSEQUENCES OF OWN INFORMED CONSENT

6. SETTLE FINANCIAL OBLIGATIONS
7. RESPECT THE RIGHTS OF HEALTH CARE PROVIDERS, HEALTH CARE

INSTITUTIONS AND OTHER PATIENTS

 RIGHTS OF PATIENTS

OBLIGATIONS AND RESPONSIBILITIES OF PATIENTS

8. OBLIGATION TO SELF
9. PROVIDE ADEQUATE HEALTH INFORMATION AND ACTIVELY PARTICIPATE IN
HIS TREATMENT
10. RESPECT THE RIGHT TO PRIVACY OF HEALTH CARE PROVIDERS AND
INSTITUTIONS
 RIGHTS OF PATIENTS

OBLIGATIONS AND RESPONSIBILITIES OF PATIENTS

11. EXERCISE FIDELITY ON PRIVILEGED COMMUNICATION
12. RESPECT A PHYSICIAN’S REFUSAL TO TREAT HIM
13. ENSURE INTEGRITY AND AUTHENTICITY OF MEDICAL RECORDS
14. PARTICIPATE IN THE TRAINING OF COMPETENT FUTURE PHYSICIANS
15. REPORT INFRACTIONS AND EXHAUST GRIEVANCE MECHANISMS