Part 1 Flashcards
(31 cards)
Medical Act of 1959
RA 2382
Generics Act of 1988
RA 6675
LAW: Guidance of human conduct, discovered by rational thinking of man
Natural law
Prescribes the rights and obligations of person in their daily relationwith each other and with society
Substantive law
Adjective or remedial law
Procedural law
Civil law and commercial law are examples of
Private law
The right to regulate the practice of medicine is based on the
Police power of the state
Based on mutual trust and confidence
Fiduciary
PATTERN OF RELATIONSHIP: Patient is unconscious
Activity-passivity relation
INHERENT RIGHTS
- To choose patients
- Limit the practice
- Determine the appropriate management procedures
- Avail of hospital services
The following positions require that a person is a duly licensed phgsician to hold office
- Chair or member of the Board of Medicine
- Secretary of Health
- Regional Health Officer
- City Health Officer
- Municipal Health Officer
FEE: Measured by the space of time and not by the quality or quantity of medical service rendered
Retainer fee
Ethical and legal fees in medicine
- Simple contractual fee
- Retainer fee
LIABILITIES: Based on Revised Penal Code
Criminal
LIABILITIES: Preponderance of evidence
Civil
The wrong performance of a lawful act
Misfeasance
Medical Assistance in Emergency Cases Act
RA 6615
Anti-Hospital Deposit Law
RA 8344
Anti-Violence Against Women and their Children Act of 2004
RA 9262
Doctrine of imputed negligence or doctrine of respondent superior
Doctrine of Vicarious Liability
Anti-Hospital Detention Law
RA 9439
PRC Modernization Act of 2000
RA 8981
Data Privacy Act of 2012
RA 10173
The nature of the wrongful act is suggestive of negligence
Doctrine of Res Ipsa Loquitur (Common Knowledge)