MEDJURIS 3

No physician-patient relationship exists because informal advice at a social gathering lacks an examination, formal treatment, or prescription

What is the legal status of a physician answering a casual question about a skin rash at a party while telling the guest to consult a doctor?

A binding implied physician-patient relationship commences because giving specific diagnostic and therapeutic advice over the phone creates a duty of care

What is the legal consequence when a doctor answers a telephone call from a non-patient and instructs them to take Mefenamic acid and change a wound dressing?

No physician-patient relationship is created because services rendered in pre-employment exams are strictly limited to evaluating employment fitness for the employer

What is the legal relationship between an examining physician and a job applicant undergoing a mandatory pre-employment physical exam?

No, because an autopsy is a post-mortem evaluation performed on a cadaver, which is outside the commerce of man and lacks legal personhood

Does performing an autopsy create a physician-patient relationship with the deceased?

The physician cannot be held civilly liable for breach of contract or malpractice because the advising doctor merely engaged in a professional discussion without an on-call or attending relationship

What legal liability attaches to a consulting doctor who offers informal opinions during a hallway conversation with an attending surgeon if the surgery fails?

Implied contract

Which form of contract is formed when an unconscious accident victim is brought to the emergency department and the attending doctor immediately begins physical examination and resuscitation?

The contractual stipulation is void for being contrary to Philippine good customs

What is the legal status of a clinic agreement that explicitly forbids patients from using polite localized terms like "po" and "opo" during consultations?

The agreement is void ab initio for violating public order and community safety

What is the legal effect of a contract offering free diagnostic testing in exchange for a patient publicly shouting a false contagious disease status in a waiting room?

The contract is void for violating public policy against commercial organ trading

What is the legal status of a contract where a patient agrees to sell a kidney to a living recipient for a monetary lump sum?

Doctrine of Cognition

Which doctrine dictates that a physician-patient contract is perfected at the exact moment the physician's acceptance to render care comes to the knowledge of the patient?

No, unless the physician explicitly executed a written guarantee of cure

Can a physician be held civilly liable for breach of contract solely because a patient's medical condition failed to improve following standard treatment?

The physician remains fully subject to the standard of care and civil liability for medical malpractice despite the absence of monetary fees

What is the legal consequence of a physician committing medical negligence during a free medical mission or charity ward treatment?

The contractual relationship automatically terminates because one of the contracting parties ceases to exist as a legal person

What happens to the physician-patient relationship upon the death of the patient?

The contract automatically terminates due to the personal and fiduciary nature of the physician's obligations

What is the legal effect on the physician-patient relationship if the sole attending physician dies or becomes permanently incapacitated?

The agreement is valid if the patient consented to the succession stipulation in the original contract

Is a contractual clause stating that a designated partner physician will automatically take over care upon the primary physician's death legally enforceable?

The physician is duty-bound to provide adequate medical summaries and copies of medical records to the successor to ensure continuity of care

What mandatory duty rests on a physician who terminates a relationship upon the patient's recovery or referral?

Simple contractual fee

What type of medical fee is created when a surgeon and a patient agree in writing to a fixed fee of P50,000 for an elective cosmetic procedure?

Retainer fee

Which medical fee structure is measured by time and space rather than the specific quantity or quality of medical services rendered?

Contingent fee

What fee arrangement makes the physician's compensation dependent entirely upon the successful outcome or cure of the patient's condition?

A contract to cure is valid and not against public policy if the payment of the fee is expressly contingent upon achieving a cure

Is an express contract guaranteeing a cure in exchange for a contingent fee legally permissible?

Dichotomous fee or fee-splitting

What is the unethical legal term for a physician paying a percentage of a professional fee to an agent or third party who solicited the patient?

The arrangement is not unethical for the non-medical agents, provided the physicians have no knowledge of the setup and funds do not come from the physicians' pockets

What is the ethical status of two clinic secretaries agreeing to cross-refer patients for a finder's fee without their doctors' knowledge?

Straight fee or package deal

Which fee arrangement involves an all-inclusive lump sum covering professional fees, hospital bills, operating room charges, and medicines?

Filing a civil action in court for collection of a sum of money

What judicial method is available to a physician to recover unpaid medical honoraria from a non-paying patient?

Existence of a valid physician-patient relationship, valid medical license, performance of medical services, reasonableness of the fee, and non-payment by defendant

What five elements must a physician prove in court during a judicial collection suit for unpaid fees?

Doctrine of Unjust Enrichment

Which legal principle prevents a patient from enjoying the benefits of medical services without paying reasonable compensation under an implied contract of facio ut des?

Procedural due process was respected, but substantive due process was violated because the law intrinsically infringes upon patient privacy

If a law prohibiting doctors from dispensing contraceptives is passed after full public hearings, which branch of due process is violated?

Substantial distinctions, germane to the purpose of the law, not limited to existing conditions, and equal application to all members of the same class

What four requisites must be satisfied for a statutory classification to comply with the Equal Protection Clause under People v. Cayat?

The search warrant is void for being a general warrant or "fishing expedition" because it failed to describe the items to be seized with particularity

What is the legal status of a search warrant ordering the seizure of "any object or document related to medical negligence" in a clinic?

In flagrante delicto rule

Which exception to the search warrant requirement permits a warrantless arrest when an individual is caught in the act of committing a crime in the officer's presence?

Hot Pursuit doctrine

Which rule permits a warrantless arrest when a crime has just been committed and the arresting officer has personal knowledge of facts creating probable cause that the suspect committed it?

The arrest is invalid because viewing a CCTV recording hours later does not provide personal knowledge of a crime occurring in the officer's presence

Is a warrantless arrest valid if police arrest a clinic receptionist based solely on reviewing a CCTV recording of a theft that happened earlier that morning?

Fruit of the Poisonous Tree Doctrine

Which constitutional rule renders all physical evidence seized following an unlawful warrantless arrest completely inadmissible in court?

The standard telephone extension line is exempt from the Anti-Wiretapping Act as it is not a secret wiretapping device

Why is listening in on a conversation using a standard extension telephone line legally permissible under Gaanan v. IAC?

The documents are inadmissible in evidence because constitutional privacy protections apply against unauthorized private seizures of clinic records

What is the evidentiary status of private medical records forcibly taken by a spouse from a physician's clinic desk drawer under Zulueta v. CA?

A competent adult of sound mind has the absolute legal right to refuse life-saving medical treatment on religious grounds

Can a conscious, competent 25-year-old adult lawfully refuse a life-saving blood transfusion based on religious convictions?

The physician should require the patient to sign a written waiver or Against Medical Advice (AMA) document detailing the full disclosure of risks

What precaution must a physician take when a competent adult refuses necessary medical treatment on religious grounds?

The physician or health facility should petition the court to grant consent or task the DSWD to take temporary custody of the minor to administer treatment

What legal action should a physician take if parents refuse life-saving blood transfusions for their 4-year-old child?

Dr. Chito impliedly waived his right to counsel of choice by willingly answering questions in the presence of the substitute attorney without objecting

Why are an accused physician's rights not violated if they proceed with interrogation using a police-appointed lawyer after their chosen lawyer fails to arrive?

Section 24, paragraph 12 of the Medical Act of 1959 (RA 2382)

Which statutory provision authorizes the PRC Board of Medicine to reprimand, suspend, or revoke a physician's license for ethical violations?

In an emergency, provided there is no risk to the physician's safety, the doctor must administer at least first aid treatment before referring the patient

Under what circumstances is a physician's inherent right to choose patients restricted?

Section 24 of the Medical Act of 1959 (RA 2382)

Which statute explicitly excuses a physician from attending to a patient in danger of death if doing so poses a direct risk to the physician's own life or safety?

Doctrine of Superior Knowledge

Which doctrine grants a physician full authority to determine diagnostic and management procedures because the doctor possesses specialized medical learning over the patient?

Consent of the patient, statutory mandate/common good, or a court order

What three exceptions justify disclosing confidential medical information withheld under the physician's inherent rights?

The physician or hospital owns the physical medical records, but the patient has a right to review them and receive photocopies upon request

Who owns the physical copy of a patient's medical chart, and what is the patient's right regarding its contents?

Rule 39, Section 13(g) of the Rules of Court

Which procedural rule exempts a physician's professional library and equipment up to P300,000 from post-judgment execution?

City or Municipal Health Officer

Which public office legally mandates that the candidate or appointee be a licensed physician as a primary qualification?

Knowledge and skill of an average physician

What standard of professional knowledge and skill is legally expected of a general practitioner under Philippine jurisprudence?

Ordinary care and diligence, defined as the degree of care exercised by a reasonably prudent person under identical circumstances

What degree of diligence must a physician exercise when applying medical knowledge to a case?

An error of judgment does not constitute negligence if it resulted from an honest exercise of best judgment using average skill and care

Does a physician commit actionable medical malpractice whenever an error of judgment occurs in diagnosis or treatment?

Utmost good faith

Which legal duty obligates a physician to be plain, truthful, and honest without exaggeration or sugarcoating when disclosing a diagnosis or prognosis?

The right to choose a doctor resumes as soon as the patient regains consciousness or a next of kin becomes available

When does an unconscious emergency patient's right to choose a physician resume after emergency care is initiated?

Republic Act No. 6615

Which statute mandates that all government and private hospitals and clinics render immediate emergency medical assistance to patients in danger of dying?

Republic Act No. 10152 (Mandatory Infants and Children Health Immunization Act of 2011)

Which law overrides parental refusal of routine infant vaccinations by mandating compulsory immunization against vaccine-preventable diseases?

When the procedure is life-threatening, destroys reproductive capacity, impairs sexual function, or when the patient spouse is of unsound mind

In what four specific medical scenarios is spousal consent legally required before performing a procedure on a patient?

Senate Bill No. 03 authored by Sen. Juan Flavier

Which proposed legislative measure codifies 13 individual rights and 5 societal rights under the Magna Carta of Patient's Rights and Obligations?

Provide an accurate and complete medical history, ask clarifying questions, follow agreed treatment plans, and accept full responsibility for treatment refusal

What are the four primary legal duties owed by a patient to their attending physician?

Grooming

What term describes a practitioner's progressive escalation of boundary violations, starting with compliments and leading to physical touch, to exploit a patient?

Transference

What psychological mechanism occurs when a patient unconsciously projects feelings and affection regarding childhood authority figures onto a treating physician?

Counter-transference

What term describes a physician's emotional or erotic reaction to a patient's transference projections?

Medical malpractice or standard of care negligence within the fiduciary relationship

What is the primary civil cause of action when a physician sexually exploits a patient during clinical treatment?

Republic Act No. 7877 (Anti-Sexual Harassment Act)

Which statute applies to sexual harassment committed by a physician acting as an employer over clinic staff or an educator over medical students?

Revocation of license / disbarment for gross immorality

What administrative penalty was affirmed in Delos Reyes v. Aznar against a medical school chairman who coerced a student into sexual relations?

The physician must decline non-judgmentally without lecturing or proselytizing, explain neutral alternatives, and refer the patient to ensure continuity of care

How must a physician exercise conscientious objection when refusing to perform a procedure like contraception?

Unilateral severance without notice, occurrence at a critical stage where care is needed, lack of valid reason, and direct injury resulting from cessation of care

What four elements must concur to establish civil or administrative liability for patient abandonment?

Non-payment does not justify immediate unilateral severance; the physician must provide advance notice and maintain emergency coverage during transition

Can a physician immediately abandon a hospitalized patient in critical condition solely because the patient failed to settle medical bills?

Issue a formal written notice via registered mail with return receipt, provide 30 days advance notice, assist in transfer, release records, and document acute instructions

What is the 5-step risk-mitigation procedure for legally terminating a physician-patient relationship?

Arrange coverage by a competent licensed substitute physician and notify the patient in advance

What must a primary physician do before taking a temporary leave of absence to avoid liability for abandonment?

Patient piracy

What unethical practice occurs when a specialist retains a referred patient permanently without returning them to the primary referring physician?

Principle of Autonomy

Which ethical principle forms the primary foundation of the doctrine of informed consent?

Autonomy of Thought, Autonomy of Will, and Autonomy of Action

What are the three dimensions of patient autonomy recognized in medical ethics?

It protects the patient's bodily integrity and autonomy while providing the physician a complete defense against claims of battery, assault, or unconsented touching

What is the dual purpose of informed consent?

Capacitated adult patient, spouse, parent/natural guardian of minor, guardian of incapacitated person, court-appointed guardian, or duly appointed DSWD officer

Who are the six authorized entities who can legally grant medical consent in Philippine practice?

Informed permission or consent by proxy

What specific legal term describes consent granted by parents on behalf of an unemancipated minor child?

Legal capacity, manifestation of conformity, voluntary consent free from vices, and real agreement

What are the four essential elements required for legally valid consent?

Fraud, duress, and error or mistake

What three vices of consent invalidate voluntary conformity under contract and tort law?

Crime Against Persons

Under the Revised Penal Code, how is rape, including object rape committed via unconsented digital internal exams, legally classified?

Object rape

What crime is committed under the Revised Penal Code if a doctor inserts a finger or instrument into a patient's genital or anal openings without consent?

Proposed procedure in general terms, alternative treatment methods, and inherent risks

What three core items must a physician explain to secure valid informed consent?

Professional Practice Standard

Which disclosure standard measures the adequacy of information based on what a reasonable medical practitioner in the community would disclose?

Prudent Patient Standard

Which objective disclosure standard requires revealing material risks that a reasonable person in the patient's position would consider significant?

Materiality test

What test determines a material risk as one that a reasonable person in the patient's position would attach significance to when deciding whether to undergo care?

Case-to-Case basis (Broad Terms Rule)

Which disclosure standard considers consent real once a patient is informed in broad terms of the nature and purpose of a procedure?

Assault and battery

What legal claim arises when a surgeon performs an operation without obtaining the patient's valid consent?

Doctrine of Necessity

Which defense justifies emergency medical intervention on an unconscious patient without prior consent to preserve life or health?

Battery

What tort liability attaches if a surgeon performs an unauthorized, non-emergency additional procedure during surgery without prior consent?

Vitiated consent due to undue influence

What legal defect exists when a patient's refusal of life-saving treatment is coerced or overborne by third parties, allowing court intervention?

Duty to disclose material risks, breach/failure to disclose, causation, and resulting injury

What four essential elements of malpractice based on informed consent were established in Li v. Spouses Soliman?

Subpoena ad testificandum

Which process commands a person to attend and testify as a witness at a court hearing or administrative trial?

Subpoena duces tecum

Which process requires a person to bring books, medical records, or documents under their control to court?

Contempt of court or administrative sanctions

What is the legal consequence of failing to obey a validly served court subpoena without a lawful excuse?

Ordinary witness

In what capacity does a physician testify when testifying strictly to factual circumstances perceived through personal senses without drawing technical inferences?

Expert witness

In what capacity does a physician testify when drawing scientific inferences from technical facts that the court is incompetent to draw?

Amicus curiae

What is the legal term for an impartial expert invited by the Supreme Court to offer technical opinions as a friend of the court?

Section 21, Rule 130 of the Revised Rules of Evidence

Which rule states that all persons who can perceive and make known their perception to others may be witnesses?

The 2019 amendments deleted mental incapacity and immaturity as automatic witness disqualifications, evaluating capacity based on perception at presentation

Can a child or an individual with mild mental retardation testify as a witness under the 2019 Revised Rules of Evidence?

Section 22, Rule 130 of the Revised Rules of Evidence

Which rule mandates that a witness can testify only to facts derived from their own personal knowledge?

Rule 130, Section 24(c) of the Revised Rules of Evidence

Which rule prohibits a physician, psychotherapist, or assistant from testifying in a civil case regarding confidential diagnostic information without patient consent?

Civil cases only

In what specific type of court proceedings does the statutory physician-patient testimonial privilege strictly apply?

Article 187 of the Labor Code (PD 442)

Which statutory provision excludes medical information submitted for employee compensation claims from being privileged?