JURIS MT

Ethikos

Moral Duty

Ethics

Study of acts / conducts from a moral perspective

Customs

• Approved acts from a group / society. - Reinforced by Traditions & Social Attitudes

Habits

Repition of same action as it develops a natural response to perform it

Practice

Regularly followed procedure or pattern in conducting activities

Etiquette

Social Observance

Parts of Ethics

General & Social

General

Basic Principles of Morality

Social

Basic Principles taht affects the life of aman as a member of society

Bioethics

• Systematic study of moral conduct in life sciences and medicine - Describes the application of ethics to biological science, medicine and related fields

Biotechnology

Any technology using micro-organism or biological materials for technological purposes

Malpractice

• Out of Scope - Professional misconduct in the professional performance

Negligence (Unintentional Misconduct)

• Kapababayaan / Failure to do action - Neglect of omission of reasonable care

Elements of Negligence

• Existance of Duty - Failure to perform the duty - Injury resulting from Failure

Gross Negligence

Extreme carelessness resulting to failure to perform the duty

Contributory Negligence

The person was injured because of his/her own negligence

Autonomy

The right for the patient to make rational decisions free from pressure

Beneficence

All acts must be meant to attain a good result or to be beneficial.

Confidentiality

Concept of Privacy

Double Effect

Actions may produce both good and bad effects (Good must weighin more)

Fidelity

Duty to fulfill one’s commitments and applies to keeping promises both stated and implied. (Walang Pangako)

Justice

All persons being treated equally or to receive equal benefits according to what is needed.

Nonmaleficence

Duty to cause no harm / prevent harm

Paternalism

Attitude that sometimes prompts health care workers to make decisions regarding a person’s care without consulting the person affected

Sanctity of Life

Life is the highest Good

Veracity

Honesty in all aspect

Respect of Property

Keeping the patient’s belongings safe and taking care not to damage

Human Acts

Acts when they are proper to man as performed by a human being

Law

An authoritative order / ordinace of reason for the common good

Conscience

Individual's practical judgement of reason

Patient's Right

The moral and inviolable power vested in him as a person to hold or to demand something as his own.

Right to received all necessary information concerning diagnosis and treatment in order to be able to give consent based on his/her value system

Right to Informed Consent

Informed Consent

Knowledge / Information about the consent to a treatment

Right to Informed Decision

The ability to create a genuine deliberation from the presented information with complete understanding

Right to Informed Choice

The necessary information a patient should know. Either knowing all alternative treatmentss and possible outcomes

Four Major Elements of Informed Consent

• Competence - Disclosure - Comprehension - Voluntariness

Right to Refusal of Treatment

Patient has the right to exit out from a treatment/ procedure

Methods of informed consent

Written & Verbal

Written Consent

Filled up and Signed by Pt

Verbal Consent

Verbally signifies their willingness

Contracts

Meeting of minds between two persons. (Give somthing or Render services)

Elements of Contracts

• Parties to the Contract - Subject - Considerations - Meeting of the Minds

Requisites of Contracts

• Consent - Object Certain Which is the Subject Matter of the Contract - Cause of the Obligation

Consent is what of a Contract?

Heart

Rescissible Contracts

Contract is fraud, results in economic damage or with out aproval w/ judicial authority

Voidable Contracts

Consent is not given properly or willingly.

Unenfirceable Contracts

Parties are incapaciated or a party is entered with out authorithy

Void & Inexistent Contracts

Contracts that does not exist in the eyes of the law (Ilegal)

Sale Contracts

Contracting parties obligate themselves to transfer the ownership and to deliver a determinate thing, and the other to pay therefor a price certain in money or its equivalent.

Legal Redemption

one who acquires a thing by purchase.

Barter Exchange

One of the parties binds himself to give one thing in consideration of the other’s promise to give another thing

Lease

One of the parties binds himself to give another enjoyment or use of a thing for a price certain,

Agency

Relationship between two parties whereby one party called principal, authorizes another, called by the agent, to act for and in his behalf on transactions with third persons.

Torts & Damages

Obligation to pay for the damages due to one's fault / negligence

Civil Law

Crimes against person or persons in legal matters

Intentional Torts

Intentianally and had aim to cause harm

Battery

Unlawful touching or touching patient without a consent

Libel

Written defamation

Slander

Verbal Defamation

Corporate Negligence

Hospital as entity is negligent

Liability

obligation one has incurred or might incur through any act or failure to act

Doctrine of Res Ipsa Loquitor

“The Thing Speaks for Itself” fault is completely obvious.

Doctrine of Respondeat Superior

“Let the Master Answer” emperor is responsible for the actions of employees

Doctrine of Force Majeure

"Act of God” Irresistible or superior force

Legal Right

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

Civil Case

Complaint / Defendant

Criminal Case

Plaintiff / Accused

Trial

Facts are presented and determined

Summons

A write commanding an authorized person to notify a party to appear in court to answer a complaint made against him

Subpoena

An order that requires a person to attend at a specific time and place to testify as a witnhess

Subpoena Duces Tecum

A subpoena that requires a witness to bring document/papers in his possession

Perjury

willful telling of a lie under oath

Hearsay Evidence

Rumors not admissible in evidence