Patient-Physician Relationship, Patient's rights, PRC, Practice of Med, Liabilities of Physician Flashcards
[Inherent Rights of a physician]
- To choose patients 2. To limit practice 3. Determine the appropriate management procedures 4. Avail of hospital services
What are the incidental rights of a physician?
- Right of way while responding to call of emergency 2. Right of exeption from execution of instruments and library 3. TO hold certain public or private offices 4. Right to compensation 5. Right to membership in medical society 6. Right to perform certain services
What traffic rules can you violate
- Beating the red light 2. Swerving
PMA membership is ____ (voluntary/involuntary)
Voluntary
What law governs the medical practice of medical profession in the Philippines?
Medical act of 1959
[Law which is not enforced by the state] guidance of human conduct discovered by rational thinking
natural law
[Law which is not enforced by the state] followed to make one be closer to his creator
Divine law
[Law which is not enforced by the state] enforceable by the dictate of conscience to be the right conduct
Moral law
[Law enforced by the state: as to purpose] ___ the rights and obligations of persons in their daily relation with each other and with society
substantive law
[Law enforced by the state: as to purpose] Law on property and property rights
Substantive law
[Law enforced by the state: as to purpose] mechanical rules that govern the means by which substantive rights and duties are enforced
Procedural law
[Law enforced by the state: as to purpose] law on criminal procedure
Procedural law
[Law enforced by the state: subject matter] concerned with the state in political and sovereign capacity
Public law
[Law enforced by the state: subject matter] law that are punished as offenses agains the state or government
Criminal Law
[Law enforced by the state: subject matter] regulates relationship and intercourse of the nations
International law
[Law enforced by the state: subject matter] governs the science of politics
Political law
[Law enforced by the state: subject matter] concerns with the definition, regulation, and enforcement of right in his relation with other persons
Private law
The right to regulate practice of medicine is based on the ____
Police power of state
The physician-patient relationship is ___, ____, ____
Contractual Consensual Fiduciary
[Contractual Relations] ____ the nature of the medical service to be given is stated orally or in writing
Expressed contract
[Contractual Relations] the existence of the contract can be inferred from the acts of the contracting parties
Implied contract
What are the elements needed for a contract to be valid?
- Consensual and fiduciary 2. Must contain the subject matter 3. Must contain cause or consideration
Instances where there is no MD-Patient relationship
- Pre-employment PE 2. Eligibility for insurance 3. Performing an autopsy 4. Casual question
[Psychological patterns of MD-Patient Relationship] When patient is unconscious
Activity-passivity relation
[Psychological patterns of MD-Patient Relationship] patient is conscious, seeks hep and ready and willing to cooperate
Guidance-cooperation relation
[Psychological patterns of MD-Patient Relationship] MD feels patient is uncooperative while patient feels MD is unsympathetuc
Mutual participation relation
[Psychological patterns of MD-Patient Relationship] patient thinks that he is juridically equal tot he MD and that the nature of relationship is on a negotiated agreement
Mutual participation relation
What are the duties and obligations imposed on the physician
- Possess the knowledge and skill 2. Use skill and knowledge with ordinary care and diligence 3. Exercise best judgement 4. Duty to observe utmost good faith
The patient-physician relationship maybe terminated by ___
physician or the patient
[Liabilities of a physician] What is the bases for criminal cases for MDs
Revised penal code (article 365)
[Liabilities of a physician] act or omission of MD constitute a crime
Criminal case “people of the Philippines vs ___”
[Liabilities of a physician] Needed for conviction in a criminal case
Guilt beyond reasonable doubt Penalty: prison/fine
[Liabilities of a physician] What are the bases for a civil case?
Civil Code 19, 20, 21, 2176 Family code
[Liabilities of a physician] are premised on recovery of damages for their wrongful act
civil case Plaintiff vs Defendant