Legal Medicine & Medical Jurisprudence
with verified answers already passed
Concerned with the aspect of law and legal concepts which has to do with the
practice of medicine - correct answer ✔✔Medical Jurisprudence
Types of law as to purpose and as to subject matter - correct answer ✔✔As to
Purpose
1. Substantive law - Rights and obligations in daily relation with society
2. Procedural Law - Mechanical rules that govern means by which rights and
duties are enforced (criminal procedure)
As to Nature
1. Public law - Between state and subject (Criminal law, international law, political
claw)
2. Private law - relationship of individuals (Civil law, Commercial law)
Basis of the right to regulate practice of medicine - correct answer ✔✔Police
Power of the State
Nature of the physician patient relationship - correct answer ✔✔1. Contractual
2. Consensual
3. Fiduciary
,Forms of MD-Patient contractual relations - correct answer ✔✔1. Expressed
Contract - Stated orally or in writing
2. Implied contract - Inferred from acts of contracting parties
Elements of a VALID contract - correct answer ✔✔1. Contract is consensual &
fiduciary
2. Contains the subject matter
3. Must contain cause or consideration
Instances wherein there is no physician-patient relationship - correct answer
✔✔1. Pre-employment PE
2. PE to determine eligibility for insurance
3. MD is appointed by trial court to examine accused and report insanity
4. Surgeon performing an autopsy
5. Casual questions asked in an unordinary place
Duties of the phyisician - correct answer ✔✔1. Possess knowledge and skill of an
average GP
2. Use such skills and knowledge with ordinary care and diligence
3. Exercise best judgment
4. Observe utmost good faith
Does not imply promise or guarantee benefit, produce a certain result, will not
harm, or the MD will not commit honest errors
,Termination of contract - correct answer ✔✔Terminated by either parties
If by physician, must give ample notice to allow patient to secure another
physician
1. Recovery
2. Withdrawal of MD
3. Discharge
4. Death
5. Death/Incapacity of MD
6. Fulfillment of obligations in contract
7. Emergency
8. Expiration of period
9. Mutual agreement
Rights of a physician - Inherent and Incidental - correct answer ✔✔INHERENT
RIGHTS
1. To choose patients (except emergency)
2. Limit Practice
3. Determine appropriate management procedures
4. Avail of hospital services (Open/Closed Hospital policy)
INCIDENTAL RIGHTS
1. Right of way during emergencies
2. Exemption from execution of instruments and library
3. Hold certain public or private offices (MHO or DOH Secretary)
, 4. Right to compensation
5. Right to membership in medical societies (PMA is voluntary)
6. Right to perform certain services
Types of Medical fees
Simple contractual
Retainer
Contingent
Dichotomous/Commission/Fee Splitting
Straight fee - correct answer ✔✔1. Simple contractual - ethical & legal
2. Retainer - ethical & legal
Measured by space of time rendered
3. Contingent - Unethical in medicine, legal
*Depends on success or failure of the treatment
4. Dichotomous/Commission/Fee Splitting - Unethical & legal
Sharing fee with another physician, laboratory, or drug company
5. Straight fee - Unethical & Legal
Fee is dependent on remaining balance after all other expenses have been paid
with verified answers already passed
Concerned with the aspect of law and legal concepts which has to do with the
practice of medicine - correct answer ✔✔Medical Jurisprudence
Types of law as to purpose and as to subject matter - correct answer ✔✔As to
Purpose
1. Substantive law - Rights and obligations in daily relation with society
2. Procedural Law - Mechanical rules that govern means by which rights and
duties are enforced (criminal procedure)
As to Nature
1. Public law - Between state and subject (Criminal law, international law, political
claw)
2. Private law - relationship of individuals (Civil law, Commercial law)
Basis of the right to regulate practice of medicine - correct answer ✔✔Police
Power of the State
Nature of the physician patient relationship - correct answer ✔✔1. Contractual
2. Consensual
3. Fiduciary
,Forms of MD-Patient contractual relations - correct answer ✔✔1. Expressed
Contract - Stated orally or in writing
2. Implied contract - Inferred from acts of contracting parties
Elements of a VALID contract - correct answer ✔✔1. Contract is consensual &
fiduciary
2. Contains the subject matter
3. Must contain cause or consideration
Instances wherein there is no physician-patient relationship - correct answer
✔✔1. Pre-employment PE
2. PE to determine eligibility for insurance
3. MD is appointed by trial court to examine accused and report insanity
4. Surgeon performing an autopsy
5. Casual questions asked in an unordinary place
Duties of the phyisician - correct answer ✔✔1. Possess knowledge and skill of an
average GP
2. Use such skills and knowledge with ordinary care and diligence
3. Exercise best judgment
4. Observe utmost good faith
Does not imply promise or guarantee benefit, produce a certain result, will not
harm, or the MD will not commit honest errors
,Termination of contract - correct answer ✔✔Terminated by either parties
If by physician, must give ample notice to allow patient to secure another
physician
1. Recovery
2. Withdrawal of MD
3. Discharge
4. Death
5. Death/Incapacity of MD
6. Fulfillment of obligations in contract
7. Emergency
8. Expiration of period
9. Mutual agreement
Rights of a physician - Inherent and Incidental - correct answer ✔✔INHERENT
RIGHTS
1. To choose patients (except emergency)
2. Limit Practice
3. Determine appropriate management procedures
4. Avail of hospital services (Open/Closed Hospital policy)
INCIDENTAL RIGHTS
1. Right of way during emergencies
2. Exemption from execution of instruments and library
3. Hold certain public or private offices (MHO or DOH Secretary)
, 4. Right to compensation
5. Right to membership in medical societies (PMA is voluntary)
6. Right to perform certain services
Types of Medical fees
Simple contractual
Retainer
Contingent
Dichotomous/Commission/Fee Splitting
Straight fee - correct answer ✔✔1. Simple contractual - ethical & legal
2. Retainer - ethical & legal
Measured by space of time rendered
3. Contingent - Unethical in medicine, legal
*Depends on success or failure of the treatment
4. Dichotomous/Commission/Fee Splitting - Unethical & legal
Sharing fee with another physician, laboratory, or drug company
5. Straight fee - Unethical & Legal
Fee is dependent on remaining balance after all other expenses have been paid
