0 Medical Jurisprudence Oct 2023

Divine Law

Law followed to make one closer to his creator:

Natural Law

Law which pertains to guidance of human conduct based on the rational thinking of man:

Moral Law

Law enforceable by the dictate of one's conscience:

Substantive Law

Law which pertains to the rights and obligations of person in their daily relation with each other and with society:

Procedural/Adjective/Remedial Law

Law concerned with mechanical rules governing the means by which substantive rights and duties are enforced:

Procedural/Adjective/Remedial Law

Law concerned with rules by which litigation are conducted:

Public Law

Law concerned with rules which regulate the relationship between the subject and the state:

Private Law

Law that regulates the relationship of individuals, deals with private matters that do not concern the public at large:

None. Separation of the state and the church.

Official religion of the Philippines:

Hospital (Physicians - in their private office)

Guardian and owner of medical records:

Factum probandum

This refers to the ultimate fact to be proven or the proposition to be established:

Factum probans

This refers to the evidentiary facts by which the factum probandum will be proved:

Necessity and Trustworthiness

Grounds for admissibility of a dying declaration (2):

Writ of Mandamus

This is 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 Certiorari

This is an order of a higher court to a lower court to send all documents in a case so the higher court can review the decision:

100km (as of 1997); 50km (before)

A physician may refuse to attend a civil if the place of trial is more than ______ from his place of residence:

Subpoena ad testificandum

Type of subpoena wherein the physician is required to appear before a trial:

Subpoena duces tecum

Type of subpoena wherein the physician is required to provide documents under his control or possession that are deemed pertinent to the case at hand:

Subpoena duces tecum et ad testificandum

Type of subpoena wherein the physician is required to provide documents and appear before a trial:

Written or Statutory Law

(e.g. Medical Act of 1959)

Source of law that is defined, codified, and incorporated by the law-making body:

Constitutional Law

Source of law which includes the rights, privileges, and responsibilities written in the Philippine Constitution:

Administrative law

Source of law made by administrative body through the authority given to them:

Common law

Source of law composed of unwritten laws based on the immemorial customs and usages:

Principle of Stare Decisis

When the court has laid down a principle of law or interpretation as applied to a certain set of facts, all other courts will adhere to and apply this to all future cases where the facts are substantially the same. This pertains to what principle?

Forensic

This denotes anything belonging to the court of law or used in court of legal proceedings:

Legal

This term pertains to law, arising out of, by virtue of, or included in law:

Jurisprudence

This is the practical science which investigates the nature, development, and functions of law:

Fifteen (15)

It takes ___ days for a law to be implemented along with it being published in the official gazette:

(1) Defense to criminal prosecution (2) Increase the demand for damages in a civil suit (3) Avoid court appearances (4) Avoid military or naval training (5) Promulgate sympathy Malingering Feigning or simulation of a disease or injury characterized by ostentation, exaggeration, and inconsistency

Reasons for malingering

Professional Regulation Commission (PRC)

Administrative bodies that can receive substantial evidence to convict a physician of medical negligence

Anti-Violence Against Women and their Children Act of 2004 (RA 9262)

Protects women and their children against abuse

Data Privacy Act of 2012 (RA 10173)

Protects individual personal information ininformation and communications systems

Accidental/unlawful: (1) destruction (2) alteration (3) disclosure (4) processing This is from the Data Privacy Act of 2012

Examples of personal data breach that a patient can suffer

Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act (RA 11332)

Patients should provide truthful information about exposure

Anti-Hospital Detention Law (RA 9439)

Prohibits detention of patients on the grounds of non-payment

Anti-Hospital Deposit Law (RA 8344)

Prohibits advanced payment before confinement

Generics Act of 1988 (RA 6675)

Mandatory writing of Generic Name

Medical Act of 1959 (RA 2382)

Regulates the practice of Medicine

· Standardization and regulation of medical education · Examination for registration of physicians · Supervision, control, and regulation of the practice of medicine

Medical Act of 1959

Legal Medicine

Medicine applied tolaw and justice