LEGAL Flashcards
(55 cards)
The body vested by law to have general supervision and regulation over the practice of medicine is:
A. Professional Regulatory Commission
B. Commission on Higher Education
C. Department of Health
D. Board of Medicine
✅ Board of Medicine
Rationale: The Board of Medicine under the Professional Regulation Commission (PRC) is the body legally vested with authority to supervise and regulate the practice of medicine in the Philippines.
❌ PRC: Umbrella agency, but not specific to medicine.
❌ CHED: Oversees education, not licensure.
❌ DOH: Public health policies, not licensure.
The non-issuance of a certificate of registration to a successful examinee may be due to one of the following:
A. Found guilty by the Board of Medicine of immoral or dishonorable conduct
B. Undergoing trial for a criminal offense involving moral turpitude
C. Appears to be of unsound mind
D. All of the above
✅ All of the above (AOTA)
Rationale: The Board of Medicine may withhold registration from a successful examinee if they are:
Found guilty of immoral or dishonorable conduct
Under criminal trial for moral turpitude
Mentally unsound
All three are legal grounds under the Medical Act of 1959.
Which of the following is not considered the practice of medicine?
A. Physical examination of the patient
B. Collection of professional fees
C. Diagnosis and treatment
D. Prescribing drugs
✅ Collection of professional fees
Rationale: Collecting fees is a consequence of medical practice, not part of the core functions like examination, diagnosis, treatment, or prescription.
❌ Physical exam, diagnosis, and prescribing = clear acts of medical practice.
Dr. Jose left a forceps in the abdominal cavity after an operation. The applicable legal principle in this case is:
A. Doctrine of vicarious liability
B. Doctrine of res ipsa loquitur
C. Doctrine of contributory negligence
D. Doctrine of foreseeability
✅ Doctrine of res ipsa loquitur
Rationale: Latin for “the thing speaks for itself”—used in cases like leaving a foreign object inside the body, where negligence is presumed without need for direct evidence.
❌ Vicarious liability = liability of employers.
❌ Contributory negligence = patient’s fault.
❌ Foreseeability = linked to causation, not this scenario.
A patient-physician relationship exists in which of the following situations?
A. Insurance eligibility examination
B. Pre-employment examination to determine fitness for work
C. Determination of sanity by a court-appointed physician
D. When an attending physician refers the patient to another doctor
✅ Attending physician refers the patient to another doctor
Rationale: A referral is part of an ongoing physician-patient relationship.
❌ Insurance/pre-employment/sanity exams = do not establish this relationship as there’s no intention to treat.
Patient-physician relationship is not terminated when:
A. Patient recovers from the condition being treated
B. Physician considers his further service will no longer be beneficial to the patient
C. Physician discharges the patient
D. Physician abandons the patient
✅ Physician abandons the patient
Rationale: Abandonment is an illegal and unethical termination of the physician-patient relationship.
❌ All other choices are valid, legal ways to end the relationship.
The standard of care rule to be followed in Metro Manila is:
A. Locality rule
B. Rules established by practice guidelines
C. National standard of care
D. “Similar” locality rule
✅ National Standard of Care
Rationale: In the Philippines, the standard of care is national, not local—especially in urbanized areas like Metro Manila.
❌ Locality/similar locality rules = older U.S.-based doctrines.
❌ Practice guidelines help but are not the legal standard.
A physician issued a false medical certificate in favor of a friend who was absent from work to enable the latter to claim sickness benefits from the company and PhilHealth. The physician under the law is liable:
A. Civilly
B. Administratively
C. Morally
D. Criminally
✅ Criminally
Rationale: Issuing a false medical certificate for fraudulent purposes is a crime (e.g., falsification of documents under the Revised Penal Code).
❌ It may also have administrative/civil implications, but the question asks for liability “under the law,” which primarily refers to criminal liability.
The burden of evidence needed to convict a physician for criminal malpractice is:
A. Substantial evidence
B. Proof beyond reasonable doubt
C. Preponderance of evidence
D. Circumstantial evidence
✅ Proof beyond reasonable doubt
Rationale: Criminal malpractice is prosecuted in a criminal court; thus, the highest burden of proof is required.
❌ Substantial evidence = admin cases
❌ Preponderance = civil cases
❌ Circumstantial = type of evidence, not standard of proof
The physician who prepares and signs a birth certificate stating that the child was born by a woman who is not the real mother thereof is liable for the crime of:
A. Substitution of one child for another
B. Human trafficking
C. Simulation of birth
D. Concealment of birth
✅ Simulation of birth
Rationale: Simulation of birth involves falsely stating the identity of a child’s mother, as in this case.
❌ Substitution = swapping babies
❌ Human trafficking = exploitation, not falsification
❌ Concealment = hiding birth, not simulating identity
Information obtained by a physician from his patient that cannot be legally divulged in a civil action in court is called:
A. Statutory communication
B. Ethical communication
C. Privileged communication
D. Health information
✅ C. Privileged communication
Rationale: Privileged communication is legally protected information between physician and patient that cannot be disclosed in court without consent.
❌ Statutory: refers to laws, not confidentiality
❌ Ethical: moral, not legal protection
❌ Health information: too broad
A physician treated a terrorist for gunshot injuries who admitted to killing hostages by beheading. When the terrorist was captured, the physician was called to testify. What should he do?
A. Keep his mouth shut as the information is privileged
B. Testify against the terrorist
C. Invoke patient confidentiality
D. Refuse to testify
✅ C. Invoke patient confidentiality
Rationale: Even if the patient is a criminal, physicians must still invoke confidentiality, unless there’s a legal exception (e.g., court order, public safety threat).
❌ A: “Keep mouth shut” lacks due legal process
❌ B: Only testify if compelled by court
❌ D: You cannot simply refuse—must invoke the privilege
When a patient refuses the treatment advised by the doctor, the doctor has the right to:
A. Get a court order to make the patient obey
B. Withdraw from the case
C. Force the patient
D. Sue the patient
✅ B. Withdraw from the case
Rationale: If a competent patient refuses treatment, the doctor cannot force compliance and may ethically and legally withdraw.
❌ A: Court orders aren’t applicable here
❌ C: Forcing violates autonomy
❌ D: There is no legal basis to sue
The surgeon becomes the temporary employer of hospital personnel assisting him in the operation. The applicable doctrine is:
A. Res Ipsa Loquitur
B. Ostensible agent
C. Borrowed servant
D. Captain of the ship
✅ D. Captain of the ship
Rationale: The surgeon is liable for the acts of all personnel under his direct control in the OR, even if they are hospital employees.
❌ A: Res ipsa = inference of negligence
❌ B: Ostensible agent = liability for someone appearing as your agent
❌ C: Borrowed servant = applies to non-surgical settings often
During a court trial, a psychiatrist was ordered by the judge to determine the mental condition of the accused. What is the nature and form of the patient-physician relationship?
A. Implied
B. Expressed
C. Consensual
D. No relationship exists
✅ D. No relationship exists
Rationale: When a doctor examines someone at the court’s order, no therapeutic relationship is formed. It is non-consensual and forensic in nature.
❌ A/B/C: Implied or expressed relationships are therapeutic in nature
A lawyer demanded to see the medical chart of his client. What is the appropriate action of the physician?
A. Show the chart
B. Get the patient’s permission
C. Consult a lawyer
D. Ignore the lawyer’s demand
✅ B. Get the patient’s permission
Rationale: Medical records are confidential, and only the patient can authorize access—even their own lawyer needs permission.
❌ A: Violates confidentiality
❌ C: Unnecessary unless legal conflict arises
❌ D: Ignoring is unprofessional
Dr. Jonas secured his patient’s informed consent to allow his kidneys to be harvested for transplantation to another who bought the organ for ₱250,000. The consent is:
A. Informed and enlightened
B. Obtained voluntarily
C. One where the subject matter is legal
D. Invalid
✅ D. Invalid
Rationale: Organ sale is illegal in the Philippines. Consent to an illegal act is void under the law, regardless of voluntariness or understanding.
❌ A/B/C: Valid only if the act is lawful
A colleague was charged with malpractice. The physician was called to give witness as to the negligence of his colleague. What should he do?
A. Refuse to testify
B. Testify against the complainant
C. Testify and tell the truth
D. Testify in favor of his colleague
✅ C. Testify and tell the truth
Rationale: Physicians must uphold truth and justice. There is an ethical and sometimes legal duty to testify honestly, even against colleagues.
❌ A/D: Unethical to lie or withhold
❌ B: Not always the complainant at fault
Fee splitting is unethical. This is also known as:
A. Contingent fee
B. Dichotomous fee
C. Retainer’s fee
D. Recruitment
✅ B. Dichotomous fee
Rationale: Fee splitting, or “dichotomous fee,” involves sharing a fee for patient referrals, which is unethical and illegal in many jurisdictions.
❌ A: Contingent fees are for lawyers
❌ C: Retainer = advance payment
❌ D: Recruitment not applicable
The test for drunkenness which requires the subject to stand straight with eyes closed for one minute to see if he will sway from side to side is called:
A. Fishberg test
B. Romberg’s test
C. Locard’s test
D. Sway test
✅ B. Romberg’s
Rationale: Romberg test checks for proprioception and cerebellar function, often used to assess intoxication—swaying is a positive sign.
❌ A: Fishberg = for kidney disease
❌ C: Locard = exchange principle in forensics
❌ D: Not a standard term in this context
An intoxicated person who is disoriented, mentally confused with slurred speech and staggering gait has a blood alcohol level of approximately:
A. 250–400 mg/100 ml
B. 150–300 mg/100 ml
C. 350–500 mg/100 ml
D. Over 450 mg/100 ml
✅ A. 250–400 mg/100 mL
Rationale: Blood alcohol levels of 250–400 mg/dL produce severe intoxication: disorientation, slurred speech, and motor impairment.
❌ B: Moderate intoxication
❌ C/D: Usually associated with coma or death
The condition of a person who does not have the mind, will, and heart for the obligations of marriage is:
A. Psychological incapacity
B. Imbecility
C. Impotence
D. None of the above
✅ A. Psychological incapacity
Rationale: In the Family Code of the Philippines, psychological incapacity is a legal ground for nullity of marriage due to inability to fulfill marital obligations.
❌ Imbecility = low intellectual capacity
❌ Impotence = physical, not psychological
❌ D: Incorrect, A is valid
A subpoena issued by a court ordering a physician to testify in a hearing together with all records in his possession is called:
A. Certiorari
B. Subpoena duces tecum
C. Subpoena ad testificandum
D. Subpoena ad duces tecum ad testificandum
✅ B. Subpoena duces tecum
Rationale: A subpoena duces tecum compels the witness to appear in court and bring documents or records (e.g., medical charts).
❌ A: Certiorari = higher court review
❌ C: Ad testificandum = for testimony only
❌ D: Not a standard term in PH law
The physician is generally not a hospital employee under which of the following scenarios?
A. His selection and engagement was done by the hospital
B. He draws salary from the hospital
C. He collects professional fees for services rendered
D. He must work a number of hours stated by the hospital
✅ C. He collects professional fees for services rendered
Rationale: If a doctor collects fees directly from patients, it suggests independent contractor status, not an employee.
❌ A/B/D: Indicate employment relationship