RAD214 2NDWEEK

Imputed Negligence

The responsibility of a negligent person for the wrongful conduct or negligence of another.

Contributory Negligence

Careless act or omission on the part of the complaining party which, concerning with the defendant’s negligence, is the proximate cause of injury.

Assumption of Risk

When one assumes voluntary risk of injury from a known danger, then he is barred from recovery; that person who asserts and was injured is not regarded injured.

Last Clear Chance

 Implies thought, appreciation, mental direction and lapse of sufficient time to effectively act upon impulse to save the life or prevent injury to another.

Snitch Law

Imposed on radiographers who do not report deaths, and serious injuries or illnesses caused by defects in medical products.

Doctrine of Foreseeability

The facility to perceive, know in advance, or reasonably anticipate that damage or injury will probably ensue from acts or omissions.

Doctrine of Continuing Negligence

Contemplates of an unfailing duty of a defendant RT/XRT to appraise, make necessary investigation or examination of his patient’s injury with reasonable care and skill, failure of whom constitutes a continuing act of negligence.

Fellow Servant

If a servant is injured on account of the negligence of his fellow servant, the master cannot be held liable.

Rescue Doctrine

Provides that a person who goes to the rescue of a victim in an accident is injured, the original wrongdoer must be held liable for such injury.

Doctrine of Res Ipsa Loquitor

A legal principle meaning "the thing speaks for itself."

Good Samaritan Law

A radiographer who renders first aid or treatment at the scene of an emergency and who does so within the standard of care, acting in good faith, is relieved of the consequences

Doctrine of Respondeat Superior

A legal doctrine meaning "let the master answer for the acts of the subordinates."

Doctrine of Force Majeure

Act of God

An irresistible force, one that is unforeseen or inevitable

Under Civil Code of the Philippines, no person shall be responsible for those events which could not be foreseen or for which, though foreseen, were inevitable, except in cases expressly specific by law

Examples: flood, earthquake, fire & accident

Written Orders Issued by the Court (1/5): Summon

A written order to appear in court as a respondent or defendant.

Written Orders Issued by the Court (2/5): Subpoena

A written order to appear as a witness in court.

Written Orders Issued by the Court (3/5): Subpoena Duces Tecum

A written order to appear as a witness with necessary documents.

Written Orders Issued by the Court (4/5): Search Warrant

A written order to inspect a person's property.

Written Orders Issued by the Court (5/5): Warrant of Arrest

A written order to apprehend a person.

Legal Terms (1/4): Plaintiff/Complainant

A person who sues or file a case against a person or group of people.

Legal Terms (2/4): Defendant/Accused/Respondent

A person being sued or filed a case against.

Legal Terms (3/4): Accomplice

A person that helps, in any way, the criminal in committing the crime

Legal Terms (4/4): Witness

A person who was present during the commission of a crime and saw the crime being committed

Legal Right

A claim which can be enforced by legal means against a person whose duty is to respect it.

Lawsuit

Proceeding in court for a purpose.

Purpose:

1.     To enforce right

2.     To redress a wrong

Civil Case

complainant/defendant

Criminal Case

plaintiff/accused

Due Process

Is fair and orderly process which aims to protect and enforce a person’s right

Trial

Facts are presented and determined

Perjury

The willful telling of a lie under oath.

Hearsay Evidence

Rumors not admissible in evidence

Dying Declaration

Considered hearsay unless the dying person is a victim of a crime

Crimes Against Persons (1/4): Parricide

Any person who kill his father, mother or child, whether legitimate or illegitimate, or any of his ascendants or descendants, or his spouse.

Crimes Against Persons (2/4): Murder

Person, not falling within the provisions of parricide, shall kill another.

Crimes Against Persons (3/4): Homicide

Unlawful killing of any person, which is neither parricide, murder or infanticide.

Crimes Against Persons (4/4): Death/Injuries caused in a Tumultuous Affray

Attacking each other reciprocally, quarrel and assault each other in a confused and tumultuous manner, and in the cause of the affray someone is killed, and it cannot be ascertained who inflicted serious physical injuries.

Crime

An act committed or omitted in violation of a law forbidding or commanding it

Larceny

Involves taking the property of another for his permanent use

Refers to a type of theft crime

Abortion

Illegal destruction and bringing forth prematurely of the human fetus before natural time of birth

Conspiracy

Exists when two or more persons come to an agreement concerning commission of a felony and decide to commit it.

Persons Involved in a Conspiracy (1/3): Principal

one who actually performs the crime

Persons Involved in a Conspiracy (2/3): Accomplice

One who willingly and knowingly participates or assists in performing the crime.

Persons Involved in a Conspiracy (3/3): Accessories

before the fact – one, who, without participating, contributes or cooperates in performing the crime.

after the fact – one, who cooperates in performing the criminal act by concealing or destroying the evidence of the crime or by assisting a criminal to escape

Felony

An act or omission punishable by law.

Classes of Felony (1/3): Consummated Felony

Aa felony is consummated when all the elements necessary for its execution and accomplishment are present.

Classes of Felony (2/3): Frustrated Felony

It is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetuator.

Classes of Felony (3/3): Attempted Felony

There is an attempt when the offender commences the commission of a felony directly by overt acts. He does not perform all the acts of execution which should produce the felony.

Ways by which Felonies may be committed (1/2): Deceit (Dolo)

When the act is performed with deliberate intent

Ways by which Felonies may be committed (2/2): Fault (Culpa)

When the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill

Tort

Is a wrongful act or infringement of a right (not created by contract) leading to civil liability. It is also considered a personal injury law.

A tort is concerned with the compensation of losses suffered by private individuals.

Intentional Torts

Are wrongful acts done on purpose. Intentional torts require an element to be called such.

The concept of intention in intentional tort does not require that the person know their acts will result in harm to another person.

Unintentional Tort

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RA No. 7431

AN ACT REGULATING THE PRACTICE OF RADIOLOGIC TECHNOLOGY IN THE PHILIPPINES,CREATING THE BOARD OF RADIOLOGIC TECHNOLOGY, DEFINING ITS POWERS AND FUNCTIONS AND FOR OTHER PURPOSES
April 22, 1992