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Medical Jurisprudence (Part 2)

Terms in this set (40)

True or False: Privileged communication can be claimed in civil and criminal cases
False (not in any criminal proceedings)
refers to the ultimate fact to be proven or the proposition to be established. That which a party wants to prove to the court
Factum probandum
refers to the evidentiary facts by which the factum probandum will be proved
Factum probans
Hearsay vs Dying Declaration: may be admissible in court
Dying Declaration
Statement made by a person who is at the point of death, and is conscious of his approaching dissolution, in reference to manner in which he receives the injuries of which he is dying
Dying Declaration
True or False: The opinion of a dying person on the facts surrounding his impending death is admissible
False
process to cause a witness to appear and give testimony, commanding him to lay aside all pretenses and excuses, and appear before a court
Subpoena
A doctor may refuse to attend a Civil case if the place of trial is more than ___ from his place of residence BUT as of 1997, it was increased to ___
50 km --> 100 km
Direct or indirect contempt: failure to obey a subpoena
Indirect
True or False: failure to comply with a subpoena without justifiable reason is a ground for reprimand, suspension or revocation of the certificate of registration
True
A subpoena that primarily seeks an individual's testimony
subpoena ad testificandum
A legal document requiring the recipient to bring certain written records to court to be used as evidence in a lawsuit
subpoena duces tecum
Chairman of the Board of Medical Education
Secretary of Education and Culture
Responsible for the general supervision and regulation of all professions constituting the highly skilled manpower of the country
Professional Regulation Commission
Concerned with the standardization and regulation of medical education
Board of Medicine
Possesses legal authority to pass upon qualifications and fitness of applicants to practice medicine and to discipline licensed physicians
Board of Medicine
The term of the full time PRC commissioner lasts for
9 years
Number of full time associate commissioners of the PRC
2
The Board of Medicine is comprised of __ members
6
Determines and prescribes the requirement for admission to a recognized College of Medicine, requirements for minimum physical facilities, qualifications of teaching personnel, minimum required curriculum
Board of Medical Education
Administers and conducts the licensure examinations of the various regulatory boards in accordance to its rules and regulations
Professional Regulation Commission
Determines and prepares contents of the Physician Licensure Examination
Board of Medicine
Administers the oath and issues Certificate of registration
Board of Medicine
It is a privilege or franchise granted by a state to any person to perform the medical acts upon compliance with the law
The practice of medicine
Age requirement for the practice of medicine: at least __ years old
21 years old
Age requirement for the preliminary Physician Licensure examination: at least __ years old
19 years
CPD unit requirements for the renewal of PRC ID
45 units
The decision of the Board of Medical Examiners automatically becomes final 30 days after unless the respondent appeals to the __ and later to the ___
Commissioner of Civil Service --> Office of the President of the Philippines
Principle that states that if Filipino MDs are allowed to be admitted to practice in a foreign country, then MDs from that foreign country may be allowed to practice in the Philippines
Reciprocity
Fine that may be charged in the illegal practice of medicine
≥ P1000 to <P10,000
Imprisonment term that may be given to persons convicted of illegal practice of medicine
>1 year to <5 years
True or False: Juridical persons can practice medicine
False (Natural persons only)
Transplantation of tissue from one part of the body to another part of the same person
Autograft
transplant between identical twins
Isograft
transplantation of healthy tissue from one person to another person (non-identical); also called homograft
Allograft
Transplantation of tissue between different species
Xenograft
Immediate transplantation should be done after death to attain possible success for the following organs
Kidney
Heart
Lung
Liver
Transplantation may be done several hours after removal from the donor for these organs
Cornea
Skin
Bone
Blood vessels
Three inherent powers of the State
Taxation
Eminent Domain
Police Power
the right of a government or its agent to expropriate private property for public use, with payment of compensation
Eminent Domain
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