Part 1 Flashcards

(31 cards)

1
Q

Medical Act of 1959

A

RA 2382

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2
Q

Generics Act of 1988

A

RA 6675

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3
Q

LAW: Guidance of human conduct, discovered by rational thinking of man

A

Natural law

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4
Q

Prescribes the rights and obligations of person in their daily relationwith each other and with society

A

Substantive law

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5
Q

Adjective or remedial law

A

Procedural law

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6
Q

Civil law and commercial law are examples of

A

Private law

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7
Q

The right to regulate the practice of medicine is based on the

A

Police power of the state

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8
Q

Based on mutual trust and confidence

A

Fiduciary

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9
Q

PATTERN OF RELATIONSHIP: Patient is unconscious

A

Activity-passivity relation

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10
Q

INHERENT RIGHTS

A
  1. To choose patients
  2. Limit the practice
  3. Determine the appropriate management procedures
  4. Avail of hospital services
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11
Q

The following positions require that a person is a duly licensed phgsician to hold office

A
  1. Chair or member of the Board of Medicine
  2. Secretary of Health
  3. Regional Health Officer
  4. City Health Officer
  5. Municipal Health Officer
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12
Q

FEE: Measured by the space of time and not by the quality or quantity of medical service rendered

A

Retainer fee

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13
Q

Ethical and legal fees in medicine

A
  1. Simple contractual fee
  2. Retainer fee
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14
Q

LIABILITIES: Based on Revised Penal Code

A

Criminal

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15
Q

LIABILITIES: Preponderance of evidence

A

Civil

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16
Q

The wrong performance of a lawful act

17
Q

Medical Assistance in Emergency Cases Act

18
Q

Anti-Hospital Deposit Law

19
Q

Anti-Violence Against Women and their Children Act of 2004

20
Q

Doctrine of imputed negligence or doctrine of respondent superior

A

Doctrine of Vicarious Liability

21
Q

Anti-Hospital Detention Law

22
Q

PRC Modernization Act of 2000

23
Q

Data Privacy Act of 2012

24
Q

The nature of the wrongful act is suggestive of negligence

A

Doctrine of Res Ipsa Loquitur (Common Knowledge)

25
Doctrine of common fault
Doctrine of contributory negligence
26
DAMAGES: Those agreed by the parties to a contract, to be paid in case of breach thereof
LIQUIDATED DAMAGES
27
SUBPOENA: Required to appear before a trial or investigation
Subpoena ad testificandum
28
Ground for indirect contempt
Failure to obey a subpoena
29
A court order issued by a judge at a petitioner's request compelling someone to execute a duty he is legally obligated to complete
Writ of MANDAMUS
30
Writ (order) of a higher court to a lower court to send all the documents in a case to it so the higher court can review the lower court's decision
Writ of CERTIORARI
31
Refers to the evidentiary facts
Factum probans