RAD214 2NDWEEK
IMPUTED NEGLIGENCE OR COMMON RESPONSIBILITIES
o The responsibility of a person, who is negligent, for the wrongful conduct or negligence of another.
CONTRIBUTORY NEGLIGENCE
o 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
o 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
o 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
o 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
o If a servant is injured on account of the negligence of his fellow servant, the master cannot be held liable.
RESCUE DOCTRINE
o 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
o “The thing speaks for itself.”
GOOD SAMARITAN LAW
o 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
o “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
◦ Summon – Written order to appeal in court as a respondent or defendant.
◦ Subpoena – Written order to appeal as a witness.
◦ Subpoena Duces Tecum – Written order to appeal as a witness with the necessary document.
◦ Search Warrant –Written order to inspect one’s property.
◦ Warrant of Arrest – Written order to obtain a person
Legal Terms
◦ Plaintiff/Complainant – a person who sues or file a case against a person or group of people
◦ Defendant/Accused/Respondent – a person being sued or filed a
◦ case against
◦ Accomplice – a person that helps, in any way, the criminal in committing the crime
◦ 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. Parricide
◦ Any person who kill his father, mother or child, whether legitimate or illegitimate, or any of his ascendants or descendants, or his spouse.
2. Murder
◦ Person, not falling within the provisions of parricide, shall kill another.
3. Homicide
◦ Unlawful killing of any person, which is neither parricide, murder or infanticide.
4. Death/Injuries caused in a Tumultuous Affray (rumble)
◦ 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.
1.) LARCENY
◦ Involves taking the property of another for his permanent use
◦ Refers to a type of theft crime
2.) 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. Principal - one who actually performs the crime
2. Accomplice - one who willingly and knowingly participates or assists in performing the crime.
3. Accessories
o before the fact – one, who, without participating, contributes or cooperates in performing the crime.
o 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 acts and omissions punishable by law
CLASSES OF FELONIES
1) Consummated Felony
- a felony is consummated when all the elements necessary for its execution and accomplishment are present.
2) 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.
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. Deceit (dolo)
when the act is performed with deliberate intent
2. Fault (culpa)
when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill