[06.11] JUR - Informed Consent and Physician-Patient Privilege Communication V2.pdf

Informed consent

What process allows a patient to learn about and understand the purpose, benefits, and potential risks of an intervention before agreeing to receive treatment?

. Sufficient information

On what key prerequisite must a patient's consent be based to be legally valid?

. Written signed statement

What document is generally required from a patient or responsible party to confirm understanding of risks and benefits?

. Patient himself

Who is the primary person entitled by law to give informed consent for a medical procedure?

. Autonomy over one's body and life

Why does the law designate the patient as the primary person to accept or refuse medical treatment?

. Capacitated persons

What general category of individuals possesses full legal authority under the law to give consent?

. Legal age and sound mind

What two specific legal criteria must an individual meet to have legal capacity to give consent?

. Spouse

Which family member is clothed by law with authority to give consent when a capacitated adult patient is unable?

. Parents of minors

Who holds the legal authority to give informed consent for medical procedures on minor children?

. Legal guardian appointed by the Court

Who holds legal authority to give consent for an incapacitated person when parents or spouse are unavailable?

. Duly appointed officer of the DSWD

Which government officer is clothed by law with authority to give consent for certain wards or unrepresented minors?

. Unconscious or temporarily incapacitated in an emergency, person of unsound mind, and minor

What are three clinical or legal conditions where the law allows surrogate consent?

. Legal capacity of parties, manifestation of conformity, spontaneous/intelligent/free consent, and real conformity

What are the four essential elements of valid consent?

. Legal capacity of parties

Which element of consent requires that the consenting individual be of legal age and sound mind?

. Manifestation of conformity

Which element of consent specifies that agreement may be expressed or implied, verbal or written?

. Written documentation

What form of consent documentation is prudent to secure for clear evidentiary proof in court?

. Real conformity

Which element of consent ensures that the agreement given by the patient is genuine and not simulated?

. Fraud, duress, and error/mistake

What are the three recognized vices of consent?

. Fraud

Which vice of consent involves deliberate deception in procuring the patient's agreement?

. Duress

Which vice of consent occurs when consent is obtained through coercion, force, or fear?

. Error or mistake

Which vice of consent occurs when an individual signs a consent document accidentally or through misapprehension?

. Professional Practice Standard

Which information disclosure standard leaves the amount of information to the discretion of the physician based on judicially approved medical opinion?

. "Physician knows best"

What classic medical maxim underlies the Professional Practice Standard?

. Prudent Patient Standard

Which disclosure standard severely curtails physician discretion and focuses on the reasonable patient's informational needs?

. Patient-Centered Reasonable Patient Approach

What is the alternative name for the Prudent Patient Standard?

. Prognosis, proposed treatments, inherent risks, and alternative treatments with their risks

What four specific categories of information must be disclosed under the Prudent Patient Standard?

. Materiality of the information

What is the deciding factor determining whether a specific piece of information or risk must be disclosed under the Prudent Patient Standard?

. Higher threshold of disclosure

How does the disclosure threshold of the Prudent Patient Standard compare to the Professional Practice Standard?

. Objective standard

Is the legal standard for prudent patient disclosure subjective to the individual doctor or patient, or objective?

. Case-to-case evaluation

How are information disclosure adequacy claims evaluated legally despite established standards?

. Civil, criminal, and administrative liabilities

What three types of legal liability can a physician face for failing to procure informed consent?

. Ideal informed consent process

What protocol involves giving necessary information, explaining risks and alternatives, letting the patient decide, and documenting the choice in writing?

. Patient's best interest vs. patient's right to autonomy

What fundamental ethical conflict arises when a physician must decide whether to treat without consent?

. Doctrine of Necessity

Which legal doctrine justifies prompt medical treatment without patient consent during emergency situations?

. Unconscious or temporarily incapacitated patient in need of emergency treatment

In what specific patient scenario is proceeding without consent legally justifiable to save or preserve life under the Doctrine of Necessity?

. Life-saving or life-preserving emergency treatment

What type of medical intervention is legally permissible without prior consent when no surrogate is available?

. Best interest of the patient

According to the Doctrine of Necessity, in what manner must a physician act when treating an incapacitated patient without consent?

. Court evaluation of necessity

If a physician treats an unconscious patient when there is NO emergency, who ultimately decides if the intervention was justifiable?

. Acceptable norms in medical societies

On what baseline standards does a court determine whether non-emergent treatment of an unconscious patient was acceptable?

. Respect patient's right to autonomy

What must a physician do when a conscious, competent adult refuses medical treatment?

. Adult of sound mind

Who possesses the absolute legal right to refuse life-saving medical treatment?

. Signed waiver / Against Medical Advice (AMA) document

What document should a physician request when a competent patient refuses recommended treatment?

. Best interest of the child

What requirement limits parental authority when parents make medical decisions or refuse treatment for a minor?

. Four essential elements to prove malpractice in informed consent

What must a plaintiff establish regarding duty to disclose, failure to disclose, proximate causation of consent, and injury?

. Duty to disclose material risks

What is the first essential requisite a plaintiff must prove in an informed consent malpractice suit?

. Inadequate disclosure or failure to disclose material risks

What is the second essential requisite regarding physician communication in informed consent malpractice?

. Proximate cause / Altered decision

What is the third essential requisite proving that undisclosed information directly caused the patient to consent?

. Injury caused by proposed treatment

What fourth essential requisite must be proven by the plaintiff to recover damages in informed consent malpractice?

. Significant undisclosed information

What must a plaintiff point to regarding treatment details that would have altered their decision to undergo procedure?

. Standard of disclosure

What level of disclosure requires what a reasonably prudent physician in the medical community exercising reasonable care would disclose?

. Reasonable explanation of therapy, alternatives, goals, and risks

What constitutes an adequate disclosure rather than providing a full medical education?

. Medical consumer

What term describes a reasonable person in a patient's position deciding whether to accept or reject a recommended procedure?

. Context and capacity of the patient

On what patient-specific factors does the required scope and delivery method of disclosure depend?

. Patient signature on consent form

What administrative act memorializes a disclosure conversation but does not alone prove that true informed consent occurred?

. Code of Medical Ethics oath snippet

Which historical ethical declaration forms the foundation of physician-patient privileged communication?

. Courts and administrative bodies

What two types of legal venues can compel a physician to appear and testify as a witness?

. Subpoena

What court process requires a person to attend and testify at a hearing, trial, or administrative investigation?

. Subpoena Duces Tecum

What court process commands a person to bring documents, books, or records under their control to court?

. Contempt of Court

What legal sanction or penalty can be imposed on a physician who fails to obey a valid subpoena?

. Ordinary witness, expert witness, and amicus curiae

What are the three distinct capacities in which a physician may serve before a court?

. Qualification of a witness

Under Sec. 21 / A.M. 19-08-15-SC, who is qualified to be a witness in court?

. Religious/political belief, financial interest, or criminal conviction

What three personal attributes do NOT automatically disqualify a person from being a witness unless provided by law?

. Ordinary witness

What type of witness testifies strictly based on personal knowledge and perception rather than specialized expertise?

. Personal knowledge / Perception

What is the mandatory basis for any testimony given by an ordinary witness?

. Expert witness

What type of witness possesses specialized knowledge and training allowing them to draw inferences from facts beyond court competence?

. Fact requires expert knowledge AND witness is proven expert

What are the two requisites that must be met before an expert witness testimony is admitted?

. Standard of care

In medical negligence cases, what key medical parameters does an expert witness help establish for the court?

. Relevance to specific field of expertise

What determines whether a physician is qualified to testify as an expert witness in a specific case?

. Amicus Curiae

What Latin term meaning "friend of the court" describes a neutral resource person requested by the court to provide advisory opinions?

. Solely within the court's discretion

Who holds the authority to call upon and select an amicus curiae?

. Neutral advisory resource

Is an amicus curiae affiliated with either party or subject to direct and cross-examination?

. Financial or outcome interest

What type of interest does NOT disqualify an amicus curiae according to the rules of court?

. Lack of personal knowledge and privileged communication

What are two primary legal grounds that disqualify a physician from testifying on specific facts?

. Personal knowledge

What legal concept requires that a witness testify only to facts derived directly from their own perception?

. Hearsay

What term defines a statement made out of court offered in evidence to prove the truth of the matter asserted?

. Oral assertion, written assertion, or intentional non-verbal conduct

What three forms can a "statement" take under the Amended Rules on Evidence?

. Inadmissible

What is the general legal admissibility rule regarding hearsay evidence in court?

. Out-of-court statement

Under the Amended Rules on Evidence, to what location of statement does hearsay specifically refer?

. Declarant testifies and is subject to cross-examination

Under what procedural condition is an out-of-court statement NOT considered hearsay if inconsistent/consistent/identifying?

. Dying Declaration

Which major exception to the hearsay rule allows out-of-court statements made by a dying person to be admitted in court?

. Consciousness of impending death

What mental state must a declarant possess at the time of making a valid dying declaration?

. Competent as a witness

What legal status must the declarant possess at the time of making a dying declaration?

. Cause and surrounding circumstances of declarant's death

What specific subject matter must a dying declaration concern to be admissible?

. Criminal case where declarant's death is the subject

In what specific type of legal proceeding is a dying declaration admissible?

. Physician-Patient Privileged Communication Rule

Which rule protects confidential disclosures made between patient and physician/psychotherapist from court examination?

. Civil cases only

To what type of court cases does physician-patient privileged communication strictly apply?

. Patient's consent

What is required before a physician can testify regarding privileged confidential communications in a civil case?

. Diagnosis or treatment of physical, mental, or emotional condition

For what specific medical purpose must confidential communication be made to qualify for privilege?

. Alcohol or drug addiction

What substance treatment communication is explicitly included under protected privileged communication?

. Licensed physician or government-licensed psychologist

Who qualifies as a psychotherapist under A.M. 19-08-15-SC?

. Family members and participating staff

To what additional individuals participating in diagnosis/treatment under physician direction does privilege extend?

. Oral testimony, affidavits, certificates, reports, and hospital records

What five evidence formats fall within the scope of physician-patient privilege?

. After the death of the patient

Until when does a physician's ethical duty to guard confidential patient information persist?

. Interest of justice, public health, and public policy

What three legal/ethical exceptions allow a physician to divulge confidential patient information?

. Supervising physician

Who holds primary legal responsibility and liability for medical actions performed by postgraduate interns or clerks?

. Absence of medical license

Why cannot a medical clerk or intern be sued directly for medical malpractice?

. Civil or criminal liability

In what alternative legal capacity can a negligent medical student or clerk be held liable?

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