Medical Jurisprudence - 1st Part

MEDICAL
JURISPRUDENCE
MEDICAL PRACTICE
- a privilege or franchise granted by the state
to any person to perform medical acts
upon compliance with law
MEDICAL MALPRACTICE
- the failure in the exercise of a reasonable
degree of care and skill on the part of the
medical practitioner in treating the Px
MEDICAL JURISPRUDENCE
- the legal aspect of medical practice
- has to do with legal concepts in the
practice of medicine
- includes: licensure and regulatory laws,
physician-patient relationship, rights,
duties and obligations, liabilities for
failure to comply with law
Administrative bodies:
1. The Board of Medical Education
- standardization and regulation of
medical education
2. The Professional Regulations Commission
- general supervision and regulation of
all professions requiring exams
3. The Board of Medicine
- gives exams for the registration of
physicians; supervision, control and
regulation of the practice of medicine in the Phil.
Requisites in the practice of Medicine
1.Age at least 21 y.o.
2.Educational background
a) a holder of bachelors degree in
science or arts
b) medical course at least 5 yrs.
including internship and PGI
3.Exam requirements
a)Filipino citizen or foreigner
-reciprocity
b)good moral character
c)sound mind
d)not have been convicted by a
court of any crime involving
moral turpitude
e)holder of the Degree of Doctor of
Medicine conferred by the college
4)Passing the Medical Board Exam
- obtained a general weighted
average of 75% without a grade
lower than 50% in any subject
- refresher course 3 failures
5)Issuance of Certificate of Registration
- license
Medical Practice
Acts constituting the practice of medicine:
1.physically examine a person & diagnose
2.physically examine a person & treat
3.physically examine a person & operate
4.physically examine a person & prescribe
*Taking of medical history
Who are Qualified to Practice Medicine?
1.those who have completed the requisites
2.those without certificate of registration
a)physicians & surgeons from other
countries called in consultation only
& exclusively for specific & definite
cases, or those attached to internatl
bodies/orgs.- limited practice
b)commissioned medical officers of the
USAF stationed in the Phil. limited practice
c)foreign physicians as exchange
professors in special branches of
medicine/surgery whose services
may be necessary
d)medical students(interns), graduates
of medicine, registered nurses-
during epidemics/national emergencies
when the services of registered
physicians are not available
3.Balikbayan physicians
4.foreign physicians by reciprocity and
endorsement
Only natural persons can practice medicine.

PHYSICIAN PATIENT RELATIONSHIP
- contractual - consensual, fiduciary
- consent, object, cause
-expressed (oral/written) or
implied (inferred)
Duties & obligations imposed on the physician:
1.He should possess the knowledge &
skill of which an average physician is
expected.
2.He should use such knowledge & skill with
ordinary care and diligence
3.He is obliged to exercise the best
judgment.
4.He has the duty to observe utmost
good faith.
Duties & obligations of the patient:
1.The patient must give an honest medical
history of his illness.
2.He will cooperate & follow instructions, orders &
suggestions of his physicians.
3.He must inform his physician of what transpired in
the course of treatment.
4.He must state whether he
understands the contemplated course
of action & the things expected of him
5.He must exercise the prudence
expected of an ordinary patient under
the same circumstances.
What are not included in the physician-patient
relationship:
1.It does not imply any promise or guaranty that
the treatment will be successful.
2.It does not imply any promise or guaranty that the
treatment will benefit the patient.
3.It does not imply any promise or
guaranty that the treatment will
produce certain result.
4.It does not promise or guaranty that
the treatment will not harm the patient
5.It does not promise that the physician
will not commit errors in an honest way
What the law implies in the physician-patient
relationship is that the physician will render
medical service to the patient and not to cure the
patient.
Commencement of the physician-patient
relationship-meeting of the minds of the
parties (expressed/implied)
Termination of the physician-patient
relationship-instances:
1.recovery of the patient from the condition
for which he was receiving treatment or
when the physician considers that his
services will no longer be beneficial to the Px
2.withdrawal of the physician
3.discharge of the physician by the patient
4.death of the patient
5.death or incapacity of the physician
6.fulfillment of the obligation stipulated
in the contract
7.in case of emergency, when the attending
physician or physician of choice of the
patient is already available or when the
emergency condition ceases
8.expiration of the period, if the contract of
medical service is for a specific period
9.mutual agreement between the physician & the
patient to terminate the relationship
RIGHTS OF THE PHYSICIAN
A. Rights inherent in the privilege to practice
medicine:
1.right to choose patients
2.right to limit the practice of his
profession
3.right to determine the appropriate
management procedures
4.right to avail of hospital services
B. Rights incidental in the privilege to
practice medicine:
1.right of way while responding to
emergency call
2.right of exemption from execution of
instruments and library
3.right to hold certain public or private
office
4.right to perform certain services
5.right to compensation
6.right to membership in medical society
Right to Choose Patients:
-he cannot be compelled to accept
professional employment
-exception-emergency cases
-exception to the exception-risk to his life
Right to Limit his Medical Practice:
-for personal convenience or to maximize
the effectiveness of his management
a)limitation of practice only in his field of specialty
b)limitation to practice in private clinic or hospital
c)limitation to practice within a political or geographical boundary
d)limitation to practice in certain days or hours
e)limitation of practice to certain class or
groups of people
f)limitation on account of ignorance
g)limitation of practice by dictates of his
conscience
h)limitation of practice on account of
retirement
i)limitation to practice medicine not a matter of
right: imposed by the public, imposed by religion, imposed
by professional ethics, imposed by medical society, imposed
by law, by contract
Right to Avail of Hospital Services:
-diagnostic or treatment facilities not
available in his clinic, or requires the
services of competent personnel, or in the
best interest of the patient if confined in the
hospital
Right to Determine the Appropriate Management Procedure:
-the physician is given full authority to
determine the diagnostic & treatment procedure to
be applied
-subject to patients informed consent
Doctrine of Superior Knowledge
Right of Way while Responding to emergency call:
-ambulance and vehicles of physicians are
given due preference in the use of the road
Right of Exemption from Execution of
Instruments & Library:
-to satisfy the judgment-recovery of civil
liability (attached as security)
-exception-if the instruments used in the
practice of medicine are utilized in the
commission of the crime
Right to Hold certain Public Office:
-offices only filled up by physicians-municipal
or city health officer, medico-legal officer of
law enforcement agencies
Right to Hold certain Private Office:
-member of medical staff of hospitals
Right to Perform certain Services:
-cannot be delegated to paramedics
Right to Membership in Medical Societies:
-promote camaraderie among its members, enhances
sharing of knowledge and keeping abreast with the development
of medical science thru meetings, seminars, conventions
Right to Compensation
-medical profession is not a business
-based on the physician-patient rel. (contractual)
-Code of Ethics-the primary objective of the practice of medicine is
service to mankind irrespective of race, creed or
political affiliation
-physician should not charge exhorbitant fees
-physician to render services gratuitously to poor and indigent Pxs
-consideration is deemed unlawful if it is contrary to law, morals,
good customs, public order or public policy
-doctrine of unjust enrichment-no one must enrich himself at the
expense of another
Factors influencing the amount of medical fee:
1.nature and character of service rendered
2.labor, time and trouble involved
3.importance and responsibility in the case
4.professional character and social standing of the physician
5.result secured
6.financial ability of the patient
7.local customs
Kinds of medical fees:

1.simple contractual fee
2.retainers fee
3.contingent fee
4.dichotomous fee
5.straight fee
Collection of fees:
1.friendly/extrajudicial methods
a)billing
b)bill collection agency
2.judicial method
facts to be proven in court in an action for recovery of
medical fee:
a)plaintiff-physician is duly qualified and licensed to practice
medicine in the Philippines
b)that he has performed medical service to the patient
c)that the professional fee demanded is reasonable
d)the person liable for payment is the defendant
*quantum meruit
-as much as he deserves
instances when physician cannot recover professional fee:

1.agreed that it is gratuitous
2.professional service rendered by physician in government hospital
3.waiver on the part of the physician
defenses that may be put up by the party obliged to pay:
1.that the medical fee is exhorbitant and unreasonable
2.there was no medical service rendered
3.defendant is not the person legally responsible to pay the fee
4.no consent to such medical service rendered
5.the physician is not duly qualified to practice medicine in the Phil.
*the medical profession not being a business and service being its primary
concern, a physician should not charge exhorbitant fees
*humanity requires every physician to render services gratuitously to poor
and indigent patients who are in need of his attendance

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MEDICAL

Only natural persons can practice medicine.

Kinds of medical fees:

instances when physician cannot recover professional fee:

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