Practice of Medicine Medical Jurisprudence 67

Practice of Medicine [A] 16
Medical Jurisprudence 67 A drug store that dispenses practically all drugs without requiring a prescription violates the A. Pharmacy Law B.Medical Act C.Generic Act D. Administrative Code Which is Not a qualification for a person to be appointed member of the Board of Medicine? A. natural born citizen of the Philippines C. of good moral character B. duty registered physician in the Philippines D. faculty member of a recognized medical Practice of Medicine
[D]
17
[B]
Which of the following is NOT a pre-requisite to the practice of medicine in the Philippines? A. must be at least 21 years of age B. must be a natural born citizen of the Philippines C. must have passed the Physician Licensure Examination given by the Board of Medicine D. must be a holder of a valid certificate of registration issued by the Board of Medicine Who is considered engaged in the practice of medicine? A. Faith healer who serves without compensation B. Clinical psychologist who handless patients under the supervision of a psychiatrist C. Physiotherapist who applies massage upon prescription by a physician. D. Any Person who uses the title M.D after his name. The right of a faith healer to practice the healing art is provided in A. Medical Act of 1959 as amended C. impliedly provided in the Code of Ethics B. Civil Code of the Philippines D. provision of the constitution regarding freedom of religion Which of the following acts constitute the practice of medicine? To physically examine a person and A. treat and prescribe herbal medicine C. all the three B. diagnose D. operate without compensation Which statement is NOT valid with regards to whether a juridical person can practice medicine A. The confidential relationship between the patient and physician will be impaired. B. A juridical person can practice medicine with the use of its physician and the latter can use his own personal judgment in rendering medical service to a patient. C. The patient will be deprived of the free choice of physician of his trust or preference. D. A juridical person cannot practice medicine as it cannot be subjected to an examination to determine its competence. The following external influence may limit the practice of medicine, EXCEPT: A. public mood of prohibiting physiC. religious impositions cian from practicing in a town D. professional ethics B. hospital policies and regulations Dr. Juan Martinez acted as a dummy for Dr. Castro, who failed to pass the Board examination for Physicians three times, to practice medicine. The acts of Dr. Martinez are grounds for suspension or revocation of his certificate of registration based on what classification? A. criminal acts C. personal disqualification B. unprofessional conduct D. unethical conduct Which of the following acts of diagnosis and treatment is considered practice of medicine? A. Use of electric machine by barbers in giving treatment to one who sought to beautify his body B. a nurse that takes the blood pressure reading and gives advise & prescribes treatment. C. the application of a medicated massage D. insurance company doctors who examine prospective applicants and recommend treatment Which of the following by decision of the courts is NOT a practice of medicine? A. one who takes blood pressure readings and give advise B. administration of anesthesia by a licensed nurse under the supervision of a physician in connection with a surgical problem C. court appointed doctors who diagnosed and treat convicts D. Insurance company doctors who examine prospective applicants and recommend treatment
[D]
[D]
[C]
[D]
[A]
[A]
[B]
[B]
[D]
10 The following conditions are required of a physician returning to the Philippines A. payment of the corresponding income tax derived from practice B. re-registration with the Professional Regulatory Commission C. must be of good moral character D. taking of a re-validation examination from the PRC
68 10
Medical Jurisprudence
Practice of Medicine [B]
A physician who was formerly or still a citizen of the Philippines and has passed the licensure examination before he left for abroad decide to return for visit, sojourn or permanent residence. He may practice medicine in the Philippines under the following conditions, EXCEPT: A. He is a practitioner of medicine of good standing prior to his departure from the Philippines. B. He possesses a specialization of his chosen line. C. Prior to his practice in the Philippines he must first register with the Professional Regulation Commission and paid the professional license fee. D. He must pay the corresponding income tax on all income realized from his practice. Which statement is NOT valid? A balikbayan physician formerly a citizen of the Philippines and had previously passed the medical licensure examination in the Philippines may practice his profession in this country provided that he A. pay corresponding income tax due on all income realized in practicing in the Philippines. B. must be become a Filipino citizen once more C. is professional practitioner of good standing prior to departure from the Philippines and in his adopted country D. shall register with PRC and pay the proper professional license fee A balikbayan physician can legitimately practice medicine during his stay in the Philippines provided he has all the following, EXCEPT: A. He has passed the licensure examination C. he must be a physician of recognized standing B. He registered at the Professional D. he pays his professional license fee and taxes Regulation Commission The right of a citizen of foreign country to be allowed to be admitted to practice medicine in the Philippines if their existing law allowed citizens of the Philippines to be admitted A. reciprocity provision of the medical law of the Philippines. B. international law, in as much as the Philippines has adapted the generally accepted principles of international law in as much as the Philippines has adapted the generally C. international convention, like the World Health Organization D. executive agreement between the heads of states Citizens of the Peoples Republic of China are allowed to be admitted to practice medicine in the Philippines by virtue of A. special act of congress allowing them to practice medicine in the Philippines B. the reciprocity provision of the Medical Act C. by tolerance since they were allowed to practice medicine since time immemorial D. executive agreement between the heads of states In certain cases, limited practice without certificate of registration shall not be required on A. Foreign physicians employed as exchange professors in special branches of medicine or surgery whose services may, upon previous authorization of the board of medical examiners, be necessary. B. Filipino Physician who graduated from well known medical schools abroad like John Hopkins University and are diplomats or certified specialist in certain specialties. C. Foreign physicians members International Health Orga nization D. none of the above A partnership is a form of group practice. Which of the following statement is NOT valid? A. The partnership has a juridical personality separate and distinct from that of each of the partners B. All the partners shall be considered agents and whatever any one of them may do alone shall not bind the partnership C. Death of one of the partners dissolves the partnership and may require reorganization D. The liability of the partnership is not limited by the partnership assets but also enforceable to the personal estate of its members Professional license fee in the following circumstances need not be required of a Physician A. employed by the Government B. Physician treating patients at the emergency room in a private hospital C. under training and supervised by qualified physician D. patients are members of his family A Licensed physician who assists one without a license to practice medicine is A. not subject to criminal liability C. subject to criminal liability B. subject to criminal liability only if the D. none of the above unlicensed practitioner is negligent
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[B]
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[C]
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[A]
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[B]
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[B]
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[B]
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[C]
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[C]
Physician-Patient Relationship [D] 19
Medical Jurisprudence 69
Which of the following may dissolve the partnership? A. death of one partner C. withdrawal of one of the partners B. civil interdiction of the one of the partners D. all of the above A Physician acted as dummy or front for a person without a license to practice medicine He is liable to a penalty of A. imprisonment B. fine C. reprimand D. suspension of license to practice The Penalty for any person found guilty of illegal practice of medicine shall be A. Suspension of license to practice B. revocation C. imprisonment for not less than one (1) year to not more than five (5) years and/or a fine of P1,000 to P10,000 D. The scientific basis for the use of acupuncture has already been established Which of the following statements on acupuncture use is valid? A. The Board of Medical Examiners Allows the use of acupuncture by licensed physicians in their practice B. The use of acupuncture is limited to a small number of trained physicians. C. A physician must first secure a license as acupuncturist before he can use the procedure. D. The scientific basis for the use of acupuncture has already been established. Illegal practice of medicine is an offense which falls under the jurisdiction of the A. Association of Philippine Medicine Colleges C. Board of Medicine B. Philippine Medical Association D. Board of Medical Education Physician-Patient Relationship
[D]
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[C]
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[A]
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[A]
In which instance is a physician-patient relationship established? A. A physician takes the clinical history of a person who comes with health complaints. B. A physician examines an applicant for employment. C. A physician examines an applicant for a life insurance policy. D. A physician examines an accused person upon request by a court. One of the following statements signify the commencement of physician-patient relationship: A. an HMO nurse referred a patient to a non-HMO physician and an appointment was set B. a patient called the doctors office and the secretary booked her for an appointment C. a patient called a doctor in his office because if a severe chest pain and told the doctor other related developments. The doctor, based on the patients information diagnosed the condition and advised the appropriate remedy. D. a patient called a physician by phone and when the doctor answered the call, that started the relationship When is a physician-patient relationship established? A. Physician examines a person on orders of a trial court. B. Physician examines an applicant for employment. C. Physician attends to an emergency case. D. Physician performs an autopsy on a dead body During a court trial wherein a psychiatrist was ordered by the judge to determine the mental condition of the accused, what is the nature and form of patient- doctor relationship? A. implied B. expressed C. consensual D. none A physician patient relationship is established in the following instances, EXCEPT: A. In a social gathering a person asks a physician as to the appropriate remedy for what he felt and the physician gave a suggestion. B. A physician listens to the symptoms of a patient on the telephone and gave the corresponding treatment C. A professor, who was looking for a patient to be presented at lecture, stopped at the free clinic of medical school and examination of a patient being treated for a leg injury, remarked that the leg had to be amputated D. A physicians takes the clinical history and does a physical examination on a sick person. The following are the legal duties imposed on a physician during the physician-patient relationship, EXCEPT: A. The Physician must have knowledge and skill in medicine B. he must utilize a skill with ordinary care and diligence C. he must always comply with the wishes of the patient in as much as he is the master of his own body D. he must exercise the best judgment
[C]
[D]
[D]
[A]
[C]
70 7
Physician-Patient Relationship [A] D. fiduciary [A]
Regarding the nature and requisites of the physician-patient relationship, which of the NOT Correct? it is A. a guarantee of cure B. contractual C. consensual
The following duties and obligation are imposed on patients by the physician-patient relationship, EXCEPT: A. The patient may seek another physicians opinion without telling him/her doctor. B. Even if the management is painful, the patient should cooperate and follow the instructions, orders and suggestions of the physician. C. The patient must give an honest medical history of his illness. D. The patient must give an honest feedback to his/her physician anent the effect of the treatment so that the latter may do what is appropriate. The time honored relationship between a physician and his patient is A. strictly business B. personal C. fiduciary D. amicable relationship In the course of the physician-patient relationship, the physician cannot be held liable for any A. He applied his knowledge and skill with care and diligence in the diagnosis and treatment B. when the principle (doctrine) of res ipsa loquitur is applicable C. when the patient contributed in the causation of the injury D. when the management procedure applied is inherently risky Which of the following is NOT required of a patient in a physician-patient relationship? A. provide an honest history of illness B. inform the physician about what he experiences during the course of treatment C. ask for clarification if he does not understand instructions of what is happening to him D. submit to any procedure suggested by the physician A patient has the right to discharge the physician treating him at any time. However, the physician can withdraw from the physician-patient relationship only if A. the patient intends to file a suit against him in court B. there are other physicians in the locality who can treat the patient C. the physician lacks the facilities for treatment of the patient D. the patient consents to his withdrawal and is given ample time to secure the services of another physician Regarding termination of the physician-patient relationship, which is valid? A. when the patient agrees to the withdrawal of a physician, the latter has already fulfilled his obligation B. all the three C. if the patient called for another physician for a specific purpose, it can be inferred that the attending physician was discharged by the patient D. unless there is an agreement to the contrary, in clinical consultation, the physicianpatient relationship terminates One of the conditions when the physician-patient relationship is terminated is when the patient ha recovered from the condition for which he was receiving treatment. Which is/are CORRECT? A. is determined by the attending physicians complete and thorough evaluation B. recovery need not be complete and must be construed to be in such a way that the condition of the patient will not require medical services C. premature termination of services still necessary constitutes abandonment D. all of the three The physician patient relationship is terminated in the following circumstances, EXCEPT: A. discharge of the physician by the patient C. death of the patient B. recovery of the patient D abandonment by attending physician The elements of abandonment of patients include the following, EXCEPT: A. Physician-patient relationship terminated by patient. B. Patients continuing need of physicians care. C. Abandonment has caused injury sustained. D. Physician-patient relationship existed The following are some of the ways of terminating physician-patient relationship, EXCEPT: A. discharge of the physician by the patient D. premature termination of medical B. incapacity of the physician service when it is still necessary C. recovery of patient from illness
[C]
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Physician-Patient Relationship [B] 18 Which method of terminating a physician-relationship is NOT acceptable? A. the patient discharges the physician B. the physician abruptly withdraws C. the patient obtains the services of another physician D. patient and physician mutually agree to terminate the relationship
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[D]
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The physician is given the full authority to determine the diagnostic and treatment procedures to be adopted. Which statement is NOT correct? A. the physician has the right and duty to determine the duration of treatment and proper course of action in the management of the patient B. the patient places himself in the command and control of the physician who has superior knowledge C. it is the physicians right and duty to determine the frequency of visits in treating a patient D. if the patient refuses to give consent, the doctrine of superior knowledge allows the physician to proceed with the procedure he considers essential to save the patients life The basis of the physicians duty to secure the consent of the patient is/are A. neither C. reducing relationship between the patient B. patients right to self determination D. both are applicable In the doctrine of Superior Knowledge, this applies to the following, EXCEPT: A. In the physician-patient relationship, the physician has a superior knowledge over his patient B. The patient just follows the instruction or orders of the doctor. C. The patient virtually places himself in the control of the doctor. D. none of the above Consent of the patient to diagnostic and treatment procedures may be implied. Which is CORRECT? A. all of the three B. when he does not express his objections to an operation which he knows is about to be performed on him. C. is implied from the fact that he goes to a physician to present his medical problem and submits himself to whatever is indicated D. given without words spoken but may only be deduced from the conduct of the patient Among the following diagnostic procedures on treatment modalities, which one requires an enlightened consent of the patient? A. intramuscular injection of medicine B. electroencephalography C. plain x-ray of the abdomen of a 2 months pregnant patient D. computed tornography in a head trauma patient When a patient stubbornly refuses to submit ti a treatment procedure vital for his improvement, the attending physician should A. force the patient to accept the procedure B. put the patient to sleep and apply the procedure C. politely withdraw from the physician-patient relationship D. accede to the patient and await untoward consequences A physician may apply a procedure on his patient over and ab ove the latters objection if A. it is best for the patient C. it is ordered by the court B. its a safe procedure D. it is requested by the family An Rh negative patient delivered an erythroblastotic infant. Exchange blood transfusion was ordered but the mother refused because it is against her religious belief. The physician was able to carry on the treatment of the baby. How? A. by asking the religious leader of the parents to exclude them from the responsibility B. by obtaining a court order to save the baby over the objection of the parents. C. by declaring that the baby is not yet a member of the parents religion hence not to obliged to follow the religious belief. D. by secretly performing exchange blood transfusion Which statement about blanket consent is/are correct? A. is not considered illegal if performed within the normal dictates of surgery. B. all of the three C. does not relieve the physician of liability arising from negligence. D. may expose the patient to unlimited surgery.
[B]
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Medical Jurisprudence Rights of Physicians 1
Rights of Physicians 72
Which of the following stament is VALID? A. A duty licensed physician is obliged to practice medicine. B. A physician is free to choose which patients he will serve. C. A physician may abandon a case when it is no longer within his clinical expertise. D. In case of emergency, a physician may refuse treatment if the case does not fall. Physician has every right to choose his patients, EXCEPT: A. emergency and there is no available hospital C. neither of the choices are correct B. where there is no available doctor D. emergency A physician has the right to limit his practice. Which statement is correct? A. may conscientiously object to performing therapeutic abortion because of his religion B. may refuse to attend to a patient in a distant place C. all of these D. may refuse to attend to a patient and may refer the case to a hospital because he does not know the proper management of that particular case. Which of the following statements is NOT valid? A. medical practitioner may refuse to make house calls and concentrate his practice only in his clinic or hospital B. Except in cases of emergency , a physician is not obliged to serve every patient who solicits his services C. Once a physician-patient relationship has been established, a physician is obliged to attend to his patient in the latters home even if the patient has moved to a town 20 kilometers from the city where the physician practices. D. A medical practitioner has the right to limit his practice to certain days of the week and certain hours of the day Regarding the right of the physician to limit his practice, which is correct? A. has the right to receive patients in his clinic only in certain days of the week and certain hours of the day B. it is not applicable when a contractual agreement with the patient was made for a continuing care C. all of the three D. this right cannot be applied when the patient requires continuous service The physician has the right to the following limitations in the practice, EXCEPT: A. limitation of practice only on a field of specialty B. limitation of practice in his private clinic or hospital C. limitation of practice according to the dictates of his conscience D. limitation of practice in times of peace only and may defy conscription in time of war and disobey a court order A physicians practice of his profession maybe limited by the dicta te of his conscience and that he may be right to refuse to do which one of the following? A. tubal ligation B. insertion IUD C. vasectomy D.all of the above
[B]
[D]
[C]
[C]
[C]
[D]
[D]
Malpractice liability may arise in the emergency of a hospital if patient is not [B] attended to. Which of the following instance is NOT valid? A. A patient was left unattended on the examining table of the ER. He fell and broke his arm. The hospital is liable for negligence. B. A patient who was seen only after 45 min the ER was told by an intern to go to another hospital after his stab wound in the abdomen was dressed. The intern who believed there was no emergency was made liable for the patients death. C. The complaint of patient who was suffering from a severe abdominal pain and vomiting worsened after he was denied admission to the emergency room because he could not a deposit. The hospital was found liable D. Failure to examine a patient because of the belief that he is drunk and not suffering from any disease or injury may be ground for liability. Which of the following are the duties of a physician to the community? A. to warn public against dangerous false practices of charlatan and quacks B. all of the three C. should never act as a dummy of any illegal practitioner quack or charlatan D. to assist in the administration of justice on medico legal cases when called upon by judicial authorities [B]
Medical Jurisprudence [B] 10
Rights of Physicians
73
The following are the duties of a physician to the community. Which is NOT correct? A. enlighten public on danger of communicable disease and measures for their prevention and care especially during epidemics B. during an epidemic, he may refuse to attend to the needs of the sufferers if will be risky for his life. C. should cooperate in the enforcement of sanitary laws and regulations D. every case of communicable disease under his care should be properly reported to authorities concerned A physician in a rural setting came to a doctors clinic complaining of severe epigastric pains. The doctors advised the patient to go the nearest hospital for ultrasound, laboratory and x-ray tests. The hospital was 2 hours away and the patient arrived DOA. Choose the correct doctors action: A. The doctor realizing the financial status of the patient, decline to take the case and alibied by saying that he has previous commitments. B. The doctor having many patients in his anteroom, some of them serious left the clinic and accompanied the patients to the hospital. C. The doctor on realizing the gravity of the patients condition explained the situate to the family. His equipment is limited and being an internist cannot perform the necessary surgery. The doctor then recommended a surgeon. D. The doctor asked the patient to wait until he finished his appointments and then accompanied the latter to the hospital. Regarding duties of physicians to their patients, which of the following statement is NOT valid? A. the medical practitioner shall not charge exorbitant fee B. a physician shall serve the interest of his patients with greatest solicitude, giving them always his best talent and skill. C. a physician is free to choose whom he shall serve so he may refuse calls even in case of emergencies. D. In serious cases, difficult to diagnose and treat, the attending physician should seek the assistance of his colleagues in consultation. In cases of emergencies, which of the following statements is NOT valid? A. Refusal of a physician to attend to a patient in danger of death will not be grounds for the revocation or suspension of the registration certificate if there is risk to the physicians life B. In the absence of a qualified physician, any person may attend to an emergency if he think he is competent to help a sick or injured person. C. Medical students who have completed the first four years of the medical course may be given a limited or special authorization by the Secretary of Health to render medical during an epidemic. D. A physician is free to choose whom he will serve and may not have to respond to any request for assistance even in an emergency. Which is NOT a physicians duty? A. to notify patient and relatives of the seriousness of the patients illness B. to hold in secret confidential information obtained from the patient during treatment C. to charge moderate professional fees D. to serve every patient who comes for treatment. Except in an emergency, a physician may refuse to treat a person seeking his services. A. if the patient refuses to pay in advance C. if he dislikes the person B. if other physician are available D. arbitrarily, for reasons of his own What is the penalty for a person who shall fail to render assistance to another who is dying. When he can render such assistance without detriment to himself, unless such mission shall constitute a more serious offense? A. arresto mayor C. arrestomenor B. fine of not less than P1,000 and not more than P3,000 D. prision mayor With regards to the right to compe nsation for the physicians services, which is NOT so? A. if the medical fee involved exceeds five hundred pesos, it must be in writing even if the contract is a private one B. payment for services rendered to an unconscious patient must be on the theory of an implied contract C. a physician is not entitled for compensation if the patient is not satisfied with the result D. the right to demand compensation for services is based on the physician-patient relationship
[C]
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74 18
Rights of Physicians [D]
A patient in the emergency room needs surgery but he cannot afford the expenses. A. refer the patient to another hospital B. treat the patient and let a collection agency do the collecting C. if there is a bed available, let him have it D. if there is no bed available, treat the emergency and refer the patient to a government hospital as soon as it is safe The physician may not recover professional fee in the following instance, EXCEPT one: A. When there has been an expressed contract to cure and the physician failed to accomplish the agreement. B. When the physicians services were done in a patient confined in private charity hospital where medical services were expressedlyfree. C. When an employer promised to take the responsibility of paying for the medical services rendered an employee. D. When the hospital in which a patient was confined is a government charity institution. if a patient died in a private hospital or became legally incapacitated, the claim for the medical fee shall be made from persons in the following order. Identify the party that is NOT always responsible: A. the brothers and sisters C. the descendants and ascendants of nearest degree B. the spouse D. the company from which the patient was retired already Which of the following is/are correct with regards to recovery of professional fees through judicial methods? A. all of the three B. an unlicensed practitioner will be denied recovery even in the absence of statute expressedly stating so C. a physician who has just passed the medical board examination may receive professional fee for services rendered before receipt of the license provided the delay was not his fault D. In case of emergency in a place where a qualified physician is not available, an unlicensed practitioner has the right to fair and just payment for services. A government physician was allowed private practice after regular office hours. He did an emergency on a rich patient at midnight. Upon recovery, the patient refused payment. The doctor was awarded compensation based on. A. the right of the physician to compensation C. the fact that the medical service B. the patient cured was done after office hours D. the patient can afford A physician is paid P50,000 a month for working in the office of his employer physician. While the latter is on vacation, the employee performed surgery on an office patient. Which statement is NOT valid? A. The patient should pay only the office fee. B. The employer physician and the employed physician should split the professional fee. C. The office of the employer physician should bill the patient. D. The employee physician should not bill the patient. A surgeon performed an operation on a patient. After the patient is cured, he refused to pay the doctor. The following facts are useful in a court action for the recovery of the medical fees. EXCEPT: A. the patient is financially incapable of paying the fee B. the practicing physician is a qualified surgeon C. he has rendered personally the professional services requested D. the professional fee is appropriate One of these is NOT a right incidental to the privilege to practice medicine: A. right of way, when responding to emergencies B. right to compensation C. right to certain public office or private office D. right to member to medical society Regarding medical fees, the following statements are correct , EXCEPT that: A. physician-patient contractual relationships may be expressed of implied B. a physician has the right to charge for his professional services C. payments for services rendered to an unconscious patient must be on implied contract D. a physician who started treating a patient for fee may start charging for his services over the objections of the patient
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[C]
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[D]
Medical Jurisprudence [D] 27
75
Which of the following is NOT valid? A. A physician should never examine or treat a hospitalized patient of another physician without the latters knowledge and consent except in cases of emergency B. A physician called upon to attend a upon a patient of another physician in an emergency should attend only to the patients immediate needs. C. The physicians services ceases when the emergency is over the condition found and treatment administered. D. He is entitled to a fee and therefore may not have to inform the physician in charge when he charges the patient Hospitals and physicians are obliged to extend medical assistance in emergency cases. Failure to do so will subject the offender. To the following penalties, EXCEPT: A. a penalty of arresto mayor shall be imposed on the offender and closure of the private hospital B. imprisonment of one month and one day to one year and one day and a fine of P300 to P1000 without prejudice to the provision of RA2382 in case of physicians. C. in government hospitals the penalty imposed on the person guilty shall be without prejudice to the proper administrative action D. private hospitals, in addition to the imposition of the penalty on the offender, the license to operate shall be suspended of revoked whenever justified The right of physicians to demand compensation for the services he has rendered to his patient emanates from A. the provision of the Medical Act of 1959 B the Code of Ethics of the medical profession D. the physician patient C. the local customs in the community contractual relationship The following are rights inherent in the privilege to practice medicine, EXCEPT: A. right to for compensation on all cases B right to determine the appropriate management procedure C, right to choose patients D. right to limit his practice of the profession Which factor should not influence the amount of medical fee a doctor may charge? A. higher for major than minor surgery B. higher if more. Visits, number of prescription made and length of time of treatment C. specialist receive higher than a general practitioner D. result/outcome of medical service determines value medical fee In the charging of professional fees, the following factors are considered, EXCEPT: A. the nationality of the patient C. the type of hospital, primary or tertiary B. the need for specialized care D. location of the hospital, large city, small town The following are factors. Influencing the amount of medical fee: A. importance and responsibility of the case C. specialty of the physician B. nature and character of service rendered D. labor, time and trouble involved The medical profession is not a business and service is its primary concern so physicians should not charge excessive fees. Which of the following should be considered in determining the amount of the fee? A. financial status of the patient D. professional standing and skill and average B. all of the three fees charged by physicians of standing and locality C. nature of case and time consumed Which is NOT a requisite in any contractual relationship? A. there must be a written agreement between the parties B. there must be a consent of the contracting parties C. there must be a cause or consideration D. there must be an object which is the subject matter of the contract A patient signed a contract with an HMO for medical coverage. She underwent surgery and claimed for medical coverage. The HMO refused because the patient used a physician not affiliated with HMO. Choose the best statement: A. When a patient subscribes to an HMO for health care, the HMO has a right to make an exclusive list of attending physicians that will address the patients. B. The physician may sue the patient for non-payment of services rendered should the HMO will not shoulder the patients claim. C. The patient should claim for her right choose her physician D. The patient should sue the HMO for not recognizing her claim for medical coverage.
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76 [D] 37
Professional fee measured by the space of time and not by the quality or quantity of medical services rendered is known as A. dichotomous fee B. simple contractual fee C. Contingent fee D. retainers fee A physician specialist may require the services of a general practitioner who may solicit patients for the former. The specialist may then share portion of the fee with general practitioner. This kind of medical fee is called A. contingent B. dichotomous C. retainers D. simple contractual Which of the following medical fees is considered as unethical? A. dichotomous fees B. contingent C. retainers fee
[B]
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[A]
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D. contractual fees
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Which one of the following always unethical as to kind of professional fees collected by physician? A. contingent fee B. simple fee C. retainers fee D. none of the above The most commonly employed professional medical fee in the Philippines: A. mutual agreement B. contingent fee C. retainers fee
[B]
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D. straight fee or pakyaw
[C]
42
The kind of professional fee which is unethical because the amount wagers with unforeseeable contingencies is known as A. contingent fee B. dichotomous fee C. straight fee D. retainers fee Straight fee (pakyaw system or package deal agreement) wherein the patient tenders a certain amount of the physician and the physician will answer for all expenses ( operation or delivery room fee, medicine, laboratory, hospital bills, etc.) is considered unethical because A. it is not appropriate for a professional to obligate himself of other non-medical responsibilities B. the medical fee wagers with unforeseeable contingencies and therefore is not fixed C. it arrogate to the physician all the functions in the medical management D. none of the above if the patient died and the spouse is incapacitated, the claim for medical fee shall be made from the A. sisters C. ascendants of the nearest degree B. brothers D. descendants of the nearest degree A physician treated in an emergency an unconscious patient who later on died. Which of the following statement is valid? A. The physician is not entitled to a fee because it was an emergency. B. The physician is not entitled to a fee because the patient being unconscious did not perfect a contract with the physician C. The physician is not entitle to a fee because the patient died. D. The physician is entitled to a fee. If a physician is going to file suit in court for the recovery of his medical fee from his patient, he must be able to prove the following, EXCEPT: A. He is a duly qualified medical practitioner. B. He has performed some sort of services to the patient. C. The amount of medical fee he is demanding is reasonable. D. That the defendant in the case is always the patient. Which statement is VALID? A. When a physician attends a woman in labor in the absence of another who had been engaged to attend, he is entitled to a professional fee. B. When a patient is referred by a physician to another, the referring physician is entitle to a commission from the latter C. When a physician refers a patient to a radiologist, he may receive a commission from the latter D. A physician may administer a secret remedy The physician has no legal right to demand compensation for the medical services he has rendered to the patient , EXCEPT: A. when there is an agreement between physician and patient that the physician service is gratuitous based on the principle that medical service, once it started gratuitous, must remain irrevocably gratuitous B. medical services rendered by government employed physicians. C. physicians employed by charitable institutions for the purpose of serving the poor. D. when there is no agreement whether the medical service is gratuitous or with compensation
[B]
43
[D]
44
[D]
45
[D]
46
[A]
47
[D]
48
Rights of Patients [D] 49
77
The following are instances when the physician cannot recover a professional fee. Which is NOT correct? A. There is an agreement that the services are gratuitous B. services rendered in government charity hospitals. C. professional services rendered by a physician in a private charitable institution D. when there has been an agreement contract to cure and the physician failed to comply An attending physician refers a patient to a specialist and he is given a share in the consultants fee. This is referred to as A. contingent fee B. contractual fee C. fee splitting D. kickback A physician ask another to assist him in the management of a patient with the consent of the patient. Which statement is VALID? A. The assistant physician is not entitled to a professional fee B. The patient is liable for the fee of the assistant. C. The attending physician is liable for the fee of the assistant. D. Patient and attending physician should share in compensating the assistant. Rights of Patients
[C]
50
[B]
51
[B]
Which of the following is/are the legal right/s of a patient? A. a patient has a legal right to informed participation of all decisions involving her health care program B. all of the three C. a patient has a right not to be transferred to another facility unless the need for such transfer has been understood by her, agreed to the transfer and the other facility has accepted the patient for transfer. D. the patient has a legal right to prompt attention especially in an emergency situation The following are some of the nights of patients , EXCEPT: A. The right to refuse payments to medical emergency services. B. The right to give consent to diagnostic and treatment procedures. C. The right to religious belief D. The right of privacy The reason for securing an informed consent from a patient before any application of any operative procedure on him is A. because any person of sound mind has the right to know what operation is to be done on him B. to inform him sufficiently to enable him to make a judgment if he decides to accept the recommended treatment C. to avoid any misunderstanding between the physician and patient as to the medical fees to be paid by the patient D. all of the above In order that the consent is valid, which of the following must be accomplished with? A. subject matter is legal C. all of the three are valid B. must be voluntary D. must be an informed of enlightened consent Which of the following information is/are necessary to form the basis of a valid consent? The patient must A. understand the nature of his condition and of the proposed treatment B. informed of chances of success of failure of the proposed alternative therapies C. all of the three D. aware of the possible alternative courses of action and the risks of the proposed and alternative course of action Before any operative procedure can be undertaken on a patient, his informed consent must first be obtained A. because every person has the right to determine what can be done to his body B. so that the patient will know what is to be done to him C. to avoid ghost surgery D. to give the surgeon a feeling of confidence After a patient has been briefed by her doctor on a contemplated procedure, the following are her right, EXCEPT: A. she has the right to be informed of the nature of the procedure B. after the proposed treatment, to leave without paying the consultation fee C. she has to be informed of the cost, chances of success and failure of the procedures D. she has the right to accept or refuse the proposed treatment
[A]
[A]
[C]
[C]
[A]
[B]
78 8
Rights of Patience [D]
When a surgeon operates on a patient without consent, this constitutes an assault and even without proof of injury resulting, the plaintiff may recover what type of damage? A. nominal B. moderate C. exemplary D. liquidated A physician may be liable for performing an operation even though the patient consented if A. the parents did not consent C. the husband was not informed B. the operation is illegal D. patient cannot afford the expenses An old woman whose family is poor was hospitalized for a painful cancer of the ovary that has metastasized. She refused further treatment. Who would be liable if she died subsequently? A. the nurses B. the hospital C. the doctors D. no one Which statement/s is NOT valid with regards to the court granting consent for a surgical procedure which the parents refuse to give? A. a child was born with harelip and cleft palate and on account of the ugly appearance surgical treatment was ordered B. to save the life of a child C. may divest the parent of custody of a child and order the head of a welfare institution to give the consent to preserve the health of a child D. immediate operation of a child suffering from glioma. Consent of surgery on a minor may be given by the following, EXCEPT: A. by the grandparents C. by friends even if the above are available B. by the parents D. by the guardian In the case of minors and consent, identify the WRONG statement: A. under special conditions, a minor patient may give consent B. expressed disapproval of a minor patient will not prevail over an existing emergency C. consent may be granted by the court on a minor D. the patients consent on a minor patient is absolute In the order of succession, the following are the persons who may give consent for surgery, EXCEPT: A. the parents if the patient is a minor C. the spouse to whom a patient is divorced B. the grandparents in the absence D. the patient himself of the parents The following are other persons who may give consent in favor of a patient, in their capacity as substitute parental authority, EXCEPT: A. bosom friend C. guardians B. teachers and professors D. heads of childrens homes, orphanages Which of the following is NOT a requirement for informed consent? A. The patient must understand the nature of his condition. B. He must understand the nature of the risks attached to the proposed treatment C. He must be aware of possible alternative courses of action D. He must be aware of the cost of the treatment The following requirements must be complied with before a consent may be considered valid, EXCEPT: A. it must be given by the patient voluntarily C. the subject matter must be legal B. the terms of the agreement must always D. it must be an informed or enlightened be reduced in writing consent A written consent may contain the following conditions, EXCEPT: A. witnesses B. the name of the physician to whom the consent is given C. the natures, extent , limitations and advantages of the procedure explicitly expressed in clear language D. the professional fee of the doctor Which is NOT correct with regards to the contents of a written consent? A. nature and extent of procedure including condition or limitations must be clear B. a consent authorizing any member of the surgical staff of a hospital may be considered sufficient C. name of physician to whom patient gives his consent must be specified even if his identity can be fully established
[B]
10
[D]
11
[A]
12
[C]
13
[D]
14
[C]
15
[A]
16
[D]
17
[B]
18
[D]
19
[C]
Rights of Patients [C] 20
79
When a physician obtains an informed consent to a treatment procedure he must inform the patient of possible effects of the treatment and of dangers. Which is correct? Physician is liable if he does not inform patient of the A. unexpected effects B. untoward effects C. all the three D. side effects After a patient was appraised of her illness and the doctor proposed the appropriate procedure to cure her, when the patient approved the procedure, she gave A. an expressed consent B. written consent C. blanket consent D. implied consent When is patients consent necessary? A. In an emergency, patient need tracheostomy B. In a woman diagnosed with ectopic pregnancy, it turns out to be a case of acute appendicitis and the surgeon decides to remove the appendix. C. during an appendectomy, the surgeon discovers an abnormal ovary and decides to remove it D. The colon was perforated during sigmoidoscopy and the surgeon decides on laparotomy to undertake repair. During an emergency and the patient of relative refuses to give the consent for treatment, which statement is NOT correct? A. physician may file an action in court against a guardian who refuse to give consent to an emergency procedure on a minor to compel him to give the necessary consent B. physician can perform any form of treatment procedure to a patient to save his life in all cases of emergencies C. patient is conscious with full possession of mental faculties refuses blood transfusion due to religious beliefs, & the physician must desist from doing something to save his life D. if during later course of the injury condition of patient deteriorates and becomes unconscious a physician may, in the absence of relative, proceed with management which will benefit patient During the operation, the needle of the suture was lost in the abdomen & was not retrieved. The physician did not inform the patient. The physician violated which right of the patient? A. the right of consent C. the right of treatment B. the right of disclosure D. the right of confidential information Which of the following statements is NOT valid? A. A surgeon may extend the operation to correct any abnormal or diseased condition in the of the original incision if in the exercise of sound professional judgment such extension of an operation is necessary. B. A patient that had been consulting for her inability to conceive consented to a simple appendectomy. Without the husbands consent, the surgeon was justified to remove the uterus and adnexa to prevent future disease. C. A patient with frequent miscarriages submitted to an operation to fix her uterus. The surgeon cannot be held liable for removal of her sealed fallopian tubes and ovaries full of pus D. A patient who consents to the performance of a criminal abortion will make her and the physician liable to the illegal act. Although it is not a legal requirement, consent of the husband must be obtained to any operative procedure to be applied on the wife to preserve , harmony, tranquility in conjugal home in the following. EXCEPT: A. When the operative procedure is risky to the life of the wife. B. When the operation will lead to destruction of the product of conception. C. When the wife is of the nervous and apprehensive type. D. When the operation will impair the organ of reproduction On opening the abdomen of the patient with acute severe pain, the surgeon found a rupturedappendix. When would he NOT have been liable? A. if he recommended earlier surgery but there was no anesthesiologist available B. in all the choices C. if he recommended surgery but all operating rooms were occupied and there is no time to transfer the patient D. if he had recommended earlier surgery but the patient requested to wait longer Which statement is valid? A. A patient under 21 years of age who needs an operation can give his consent. B. When a wife needs an operation, the consent of the husband is necessary. C. Under no circumstances may a brother or sister give consent to an operation of a sibling D. When a wife needs an operation involving the sex organs, it is desirable to get the husbands consent
[A]
21
[C]
22
[B]
23
[B]
24
[B]
25
[C]
26
[B]
27
[D]
28
80 29
Rights of Patients [B]
The patient has the right to give consent to diagnostic or treatment procedures he needs to undertake. Which of the following statements is NOT valid? A. A specialist who performs a procedure with due care & diligence is not exempt from any liability even if no injury was sustained if he fails to inform and get the patients consent. B. After the physician patient relationship is established the patient is authorized to institute immediately the diagnostic or treatment procedure which he thinks best for the patient. C. The patient is the final arbiter nd is given the right to choose alternative procedures which he thinks will serve his best interest. D. all of the above The condition that has to be satisfied before an emergency operation can be performed by a surgeon without consent are A. the patient must be unconscious or otherwise unable to give consent B. the situation must be such as it would make it actually or apparently necessary to act before there is an opportunity to obtain consent. C. the surgeon in the exercise of his best judgment believe that the patient will die unless the operation is performed D. all of the above A physician may perform a diagnostic or therapeutic procedure without the consent of the patient or of his relatives A. when the physician believes the procedure D. in an acute emergency when there is necessary is no time to discuss the situation B. when the patient is merely being stubborn in order to seek consent C. when the patient is unconscious A physician may apply a procedure even if it is against the wishes of the patient if A. the procedure is known to be safe C. the procedure is required by law B. the procedure is necessary for the D. there is implied consent by the good of the patient patients spouse Although information gathered by physician from his patient is considered confidential and A. pattern of such information if disclosed will blacken the character of his patient B. when public interest demand disclosure of such information C. when such information was in connection with the physician-patient relationship D. when the patient has never waived the privileged nature of such information In the course of the physician-patient relationship, confidentiality of information is applicable in which instance? A. when the patient allowed a third party to be present while being examined B. when disclosure of information will serve public health and safety C. information obtained by a physician in the course of physician-patient relationship which could damage the patients reputation. D. when such disclosure is necessary to serve the best interest of justice All the following are general guidelines for observing the principle of confidentiality, EXCEPT: A. limiting access to patient information D. not lying to patients B. avoiding idle conversation about patients C. using false names and altering data when teaching A privileged communication between patient and physician must be guarded to protect the patients A. right to give consent C. right to religious belief B. right to privacy D. right to refuse treatment A patient confided a very personal matter to the physician when he was about to die. After death of patient, the family pleaded to the doctor to reveal the confidential story related to him by the deceased. The physician declined because of the patients right, Which right? A. the right of disclosure C. the right of privacy B. the right of confidentiality D. the right to give consent A medical practitioner should guard as sacred trust anything confidential or private in nature that may be communicated to him by the patient, EXCEPT: A. when the patient is a charity C. in the interest of justice, public health B. when the family inquires or public safety D. when the patient dies
30
[D]
31
[C]
32
[C]
33
[B]
34
[C]
35
[C]
36
[B]
37
[B]
38
[C]
Rights of Patients [B] 39
81
Privileged communication can be claimed by the following in confidence from a patient, EXCEPT: A. Confidential information obtained by one of the physicians practicing medicine in partnership with another physician B. What a nurse sees and learns in her contact with the patient or as to communications made to her by patients. C. Attendants who were present and assisting the physician when the communications made to her by patients. D. Interns who get the medical history of a patient. Which of the following is/are the scope/s of privileged communication? A. hospital records C. oral testimony by the physician in court B. affidavits, certificates and reports by physicians D. all of the three Which of the following does NOT apply as a requisite of the privileged information between the physician and his patient? A. non-disclosure of facts refers to those that will ruin or degrade the patients reputation. B. non-disclosure of medical facts can only be demanded of a qualified physician C. this privilege can only be claimed in criminal proceedings D. the information was gathered in the course of physician-patient relationship Which is not privileged communication? A. information given to a priest during confession B. confidential letter written by a public official during his term of office C. autopsy findings by a physician who was not the attending physician of the deceased D. information obtained by a physician in the course of a physician-patient relationship which could damage the patients reputation The requisites of the privileged information between the physician and his patient are the following, EXCEPT: A. The confidential information if disclosed will tend to blacken the character of the patient. B. The privilege is claimed in a criminal case. C. The person against whom the privilege is claimed is a qualified physician. D. The physician acquired the information necessary for him to act while attending the patient in a professional capacity Communications made by a physician which is NOT actionable even if the physician acted in bad faith is what type of privileged communication? A. conditional B. absolute C. unconditional D. qualified Which of the following statement is NOT correct regarding the release of information to the newspaper reporter? A. rule of privileged communication is not applicable to criminal cases so release of information can be made even without the patients consent B. photographs should not be taken of unconscious patients C. release of information for public consumption is the primary duty and responsibility of the head of the hospital or a designated press relation officer D. in cases of poisoning, being a restrictive information, medical information may be attending the patient in a professional capacity A patient had treatment for AIDS. His doctor identified him in a scientific publication about AIDS that he published without soliciting the patients permission. What patients right was violated? A. right to treatment B. right to privacy C. right to confidential information D. right of information After adequate examination and laboratory tests, physician finds his patient is positive for AIDS infection. The information obtained is , NOT privileged communication because A. A physician has the right to reveal any information he may acquire in the physician patient relationship B. The physician is not accredited to examine for AIDS C. The information need not blacken the physicians reputation D. For the sake of public safety and interest, the physician is obliged to report the case to the Local Health Officer. The right of a patient of privacy can be violated in the following conditions, EXEPT: A. death D. collecting agency providing information B for the purpose of protecting the society due to failure of patient pay the C. by order of the court medical obligation after notices
[D]
40
[B]
41
[C]
42
[D]
43
[B]
44
[A]
45
[B]
46
[D]
47
[D]
48
82 49
Rights of Patients [D]
A patient was admitted in a tertiary hospital. In the tests performed, it showed that the patient has HIV infection. Which statement is NOT valid? A. the patient has the option to continue confinement and treatment in the same hospital may ask to be transferred to a DOH hospital exclusive for HIV patients B. if the patient did not know that he had AIDS prior to hospitalization, he has no liability to the hospital C. the hospital has the responsibility to keep the patient and treat him D. the hospital personnel who had personal contact with the patient in the performance to their respective functions may not be informed to protect the privacy of the patient After extensive examination and work-up, the patient was discovered to be suffering from a serious case of sexually transmitted disease. Knowing the privileged action of the physician? A. manage the patient first and when cured, report the case to the proper authorities B. manage the patient and at the same time report the case to the proper authorities C. manage the patient and investigate previous intimate contact for examination and treatment D. treat and manage the patient A physician during a Workmans Compensation claim negotiation of his private patient filed a written report. Without the patients knowledge and consent, that he had venereal disease. The physician is not liable A. because he had justifiable motive C. for slander B. for breach of professional ethics D. for libel A patient has incurred AIDS and his work is on contact with patients in hospital. Choose what is the best and ethical thing which his physician is bound to do. A. to make arrangement so the risk of infecting the patients is eliminated B. to expose the patients disease to the public C. to advise the patient to seek treatment and counsel at the DOH center for the treatment of AIDS D. to treat the patient clandestinely Secrecy of information in a physician-patient relationship when demanded by law is called A. ethical information C. privileged communication B. professional information D. confidential information
50
[B]
51
[A]
52
[C]
53
[C]
54
Privilege communication refers to [A] A. confidential information related C. accessibility of the physician over other patients to the patients health D. the privilege of the patient to communicate B. secret about the physicians fee with the doctor anytime The privilege communication between physician and patient guarantees a patients right to A. privacy B. self-determination C. informed consent D. second opinion Which of the following statements is NOT valid? A. waiver is made by the guardian of a minor patient B. successor in interest may waive for a deceased patient C. The privileged communication between physician & patient does not apply after death. D. Privileged communication is granted by law to patient which he may waive. Privileged communication is a right granted by law in favor of the patient who may waive such privilege. Which statement is NOT correct? A. waiver is made by the guardian of a minor patient B. successor in interest may waive for a deceased patient C. waiver must always be an expressed written waiver D. once waived it can no longer be claimed Which is NOT a privileged communication? A. information obtained by the physician in the course of the physician-patient relationship which if known to others will damage the patients reputation. B. Information obtained by a patient from a person making a confession. C. Confidential letters written by a public official during his term of office. D. Autopsy findings recorded by a physician performing the autopsy on a deceased who prior to death was not his patient. [A]
55
56
[C]
57
[C]
58
[B]
Liabilities of Physicians [C] 59
When is information obtained by a physician NOT a privileged communication? A. When the patient cannot pay the professional fee. B. When the patient sues the physician for malpractice. C. When the patient is examined by the physician, on order of a court for the purpose of obtaining evidence. D. When the patient subsequently dies. The patients right to die or refuse necessary treatment is legally base on A. right of self-determination Any person of legal age and sound mind has the right to determine what must be done on his body. B. principle of morality That if a physician cannot alleviate or cure the condition o the patient, he must at least mitigate his agony and sufferings. C. God created man and it is only God not his person can extinguish life D. none of the above The right to self-determination maybe denied a patient when A. the procedure us to preserve his life C. he has suicidal tendencies B. suits by the patient against the physician D. all of the above Information obtained by a physician from his patient in the course of treating the latter is no longer privileged in A. instances when the patient/fails to C. the event the patient dies later pays the physician D. all of the above B. suits by the patient against the physician Living Will refers to written instructions given by a patient to relatives and attending physicians for them to A. keep her alive with all available resources C. use her organs for transplant B. discontinue all life support systems if even D. cremate her body upon death should she survice she would be a vegetable The right of a patient to be left alone and not exposed to public view or unwarranted publicity is called A. right of disclosure of information C. right of confidential information B. right of privacy D. right of self-determination An old patient with terminal cancer but still mentally competent refused any further treatment and later on died. Which statement is VALID? A. The physician may be held liable for acceding to the patients refusal of treatment. B. The hospital may be held liable for the patients death C. Both physician and hospital may be held liable. D. Neither physician nor hospital may be held liable A patient may refuse a medical procedure EXCEPT when A. The procedure is necessary for his survival C. it is completely safe B. It is standard operation procedure D. it is required by law The following are the basic principles recommended by the World Medical Association that may be used as guidelines in the performance of clinical research provided it is in accordance with the law of the country. Which is NOT correct? A. must be justified morally and scientifically B. may be conducted by interns C. the importance of the objective of the clinical research should be proportion with the inherent risk to the subject D. when the personality of the subject is liable to be altered by the expected drugs, doctor should exercise special caution In research on human subjects, the following categories may be involved, EXCEPT: A. normal health subjects B. people living in highly controlled situations like soldiers, prisoners, students C. sick adults, children and the terminally ill D. even those who refuse to give their consent Liabilities of Physicians
[A]
60
[D]
61
[B]
62
[D]
63
[B]
64
[D]
65
[D]
66
[B]
67
[D]
68
[D]
Breach of legal duty of a physician may be due to A. ignorance C. negligence B. departure from accepted practice D. all of the above
84 2
Medical Jurisprudence Breach of legal duty of quacydelicti refers to which of the following? A. breach of contract B. tort C. neither of the these are correct
Liabilities of Physicians [B] D. both of these [B]
Which of the following provision/s of law is/are valid? A. whoever by negligent act causes damage to another is obliged to pay for the damage done B. all of the three are valid C. any person who by simple negligence shall commit a grave felony shall suffer the penalty of arresto mayor, medium and maximum periods D. gross negligence resulting in death of patient shall be sufficient grounds for Which of the following statements is NOT valid? A. A physician is guilty of gross negligence when he shows entire disregard for and indifference to the safety and welfare of others B. Mere negligence does not amount to misconduct, whereas and accumulation of negligent C. Gross negligence, ignorance and incompetence of a physician are sufficient grounds for suspension or revocation of the registration certificate. D. A physician is incompetent if he is unable or unfit to apply the proper procedure on a particular case With regards to Breach of Legal Duty, which is correct? A. primary basis of cause of action is negligence of physician responsible for the injury B. negligence of physician responsible for injury, in the absence of a preexisting C. contractual relation between the parties called quasi-delict D. a physician who fails to give sufficient, adequate and comprehensive instructions to the patient and which resulted to injury may be held liable
[D]
[C]
With regards to Breach of Legal Duty, Which is correct? [A] A. failure of the physician to give prophylactic medicine to prevent a foreseeable consequence whenever they are available does not make him liable for the consequence of his error by omission B. failure of the physician to treat a patient who cannot pray the medical bill may not constitute abandonment if an alternative treatment is made available C. after the physician-patient relationship has been established a physician cannot withdraw if his services are still required just because the patient has not paid the past bill D. a physician who fails to give sufficient, adequate and comprehensive instructions to the patient and which resulted to injury may be held liable An action for damages against a physician, which statement is NOT valid? [B] A. administrative liability B. civil liability C. criminal liability D. all of the three An elderly man, incapacitated by a stroke, had a fall but his physician did not take an x-ray. Routine x-ray made two weeks later, upon the insistence of the family, showed fracture, The court held the physician liable because A. he was guilty of reckless imprudence C. he made an error of judgment B. he was negligent D. all of the three The following may file a complaint against a physician, EXCEPT: A. a deranged patient from the National C. the alleged victim Mental Hospital D. any firm or corporation through its B. any person representative Civil damage against a physician may be based on A. breach of legal duty B. breach of contract [D]
[A]
10
[D] C. neither of the two D. all of the two [D]
11
Who can file an administrative complaint against an erring physician? A. duty authorized representative of a firm C. any natural person B. Board of Medicine D. all of the three A patient with an incurable ailment requested his attending physician to procure a drug with which he could end his life. The physician complied, the patient took the drug and died. The physician is A. not liable C. liable for homicide B. liable for giving assistance to suicide D. liable for murder The medical specialty having the highest risk of professional liability litigation is A. orthopedic surgery B. neurosurgery C. general surgery D. radiology
12
[B]
13
[B]
Liabilities of Physicians [A] 14
85
Any of the following shall be grounds for reprimanding a physician or for suspending or revoking a certificate of registration as physician, EXCEPT: A. refusal to attend to a patient in danger of death because of risk to his life B. performance of or aiding in any criminal abortion C. gross negligence, ignorance or incompetence in the practice of his or her profession resulting in an injury to or death of the patient D. knowingly issuing any false medical certificate The following are provisions of Penal Law wherein a physician may be held criminally liable. Which provision specifically mentions the physician as the wrong-doer? A. defamation C. violation of the Dangerous Drug Act B. criminal negligence and imprudence D. refusal to render treatment in emergency cases Knowingly issuing a false medical certificate is A. criminal act C. a ground for suspension of a license B. a ground for revocation of a license D. all of the above A physician issued a medical certificate testifying that his patient underwent a major surgical procedure when in fact it was only a minor procedure. He is guilty of A. misrepresentation B. embezzlement C. extortion D. estafa A physician who in connection with the practice of medicine issued a false medical certificate is subject to a penalty such as A. a fine not to exceed 1,000 pesos C. prison mayor B. reclusion temporal D. prison correctional in its medium periods Any person who shall knowingly make false statements in the birth certificate form and submitted to the civil registrar shall be meted a penalty of A. imprisonment of not less than one month or more the six months B. fine or not less than P100.00 or more than P500.00 C. both imprisonment of 1-6 months and fine of one to five hundred pesos, at the discretion of the court D. both imprisonment of 1-6 months and fine of P100.00 P500.00 Birth or death certificates, after submission to the Civil Registrars office may be changed A. after a notarized statement of the person seeking a change B. after a formal written request to the Civil Registrar Office C. after a petition in court in special proceedings granting it D. it may be not changed at all A physician who with knowledge, falsely certifies a person to a mental institution maybe liable for A. assault B. negligence C. malicious persecution D. false arrest & false imprisonment A physicians standard of care is defined by the following statements, EXCEPT: A. Ordinary care and diligence o observed by other physicians in his community. B. The degree of care, attention, diligence and vigilance exercised by other physicians under similar circumstances. C. Special skill of a specialist if the physician represents himself as such. D. The care & skills exhibited by physicians in accredited medical centers of the U.S.A Under P.D. 169 a physician is obliged, under the penalty of law , to inform the nearest Philippine Constabulary Unit the name and address of his patient, nature of injury and disposition of his patient whom he has treated if such patient suffered from A. serious physical injuries as defined and penalized by Article 262 and 263 of the Revised Penal Code B. serious and less serious injuries as defined and penalized by Article 262 up to Article 265 of the Revised Penal Code C. deformity that will possibly develop as a consequence of physical injury inflicted D. the patient suffered serious, less serious, and slight physical injuries A physician who deliberately failed to report the name and other personal circumstances of his patient suffering from physical injuries to the nearest Philippine Constabulary unit and charged for violating Presidential Decree 169 may put up a defense that A. the law is in violation of the confidential relationship between physician and a patient. B. he is exempted from criminal liability because he is under the impulse of an uncontrollable fear for an equal or greater injury C. a physician wants to have a peaceful life and not involved in any litigation D. none of the above
[D]
15
[D]
16
[A]
17
[A]
18
[C]
19
[C]
20
[D]
21
[D]
22
[B]
23
[B]
24
86 25
Liabilities of Physicians [A]
if a physician who signs a death certificate, suspects violence or a crime associated with the death, he should immediately notify A. the National Bureau of Investigation (NBI) C. the local medical society B. the local health officer D. the municipal trial judge When there is evidence that injuries in a patient resulted when a physician departed from the accepted standard of medical practice, the physician can be held liable for A. malpractice B. illegal practice C. unethical practice D. no liability The testimony of an expert witness is NOT needed to prove a negligent act when which doctrine is applicable? A. res ipsaloquitor B. borrowed servant C. ostensible agent D. captain of the ship In a civil suit for negligence, the testimony of another physician is necessary to show whether the physician did not apply the standard care demanded of a physician, EXCEPT: A. when the charge against a physician is violation of the right of privacy of the patient B. when such negligence is due to lack of skill C. when the patient did not die but merely suffered physical injuries. D. when the principle of res ipsaloquitoriss applicable
26
[A]
27
[A]
28
[D]
29
When is the testimony of another physician necessary in an action for medical malpractice [D] against a physician? When A. all of the three C. action for breach of contract B. doctrine of res ipsaloquitor is applicable D. physician departed from accepted practice Which is NOT correct? A. the consideration may be remunatory or an act of benevolence of the physician B. the physicians liability for negligence is lessened if the patient does not pay for the services C. the patient should pay for the medical services unless by law is presumed to be gratuitous D. the cause or consideration is the reason for a physician to render medical service to a patient [B]
30
31
With regards to responsibilities and liabilities, which statement is NOT valid? [A] A. When a patient is under the care and treatment of two or more physicians wherein the act one is done with the knowledge of the others, the liability is solely on the negligent physician. B. When an injury is sustained by a patient on account of the negligence of the employed attending physician and nurse, the liability will be shared by the attending physician and the hospital. C. Injuries sustained by the patient on account of the professional negligence of the attending physician is the sole responsibility of the attend physician. D. When injuries are sustained by the patient on account of the physical defects of the premises of the hospital, the hospital must be solely liable. When two physicians treat a patient jointly and agree on the treatment course, A. the one who was negligent is liable for damages arising from an injury B. they are each liable for 50% of any damages C. they are each liable for the total amount of any damages D. neither is liable for damages A man who was hit by a car was taken to the ER of a hospital at 10 PM complaining of numbness of the right thigh with an abrasion on his forehead. The ER nurse called by telephone the physician on call who told her to admit the man and that he would see him in the morning. The patient who was placed in the hall outside the nurse station died in shock a few hours after admission. Who is liable? A. all of the three B. nurse C. physician D. hospital Two patients occupying adjoining beds in hospital died within a 10-minute interval. Diseased A had authorization to have an autopsy performed but the nurse inter changed the tags so that deceased B, without authorization for autopsy, was autopsied. Who is liable for unauthorized autopsy? A. pathologist B. attending physician C. hospital administrator D. nurse Which statement is valid? A. The influence of negligence cannot be conclusively made merely because the result of treatment is unfavorable B. A physician is required to have the highest degree of skill possible in his profession. C. A physician can be held liable for negligence if his judgment proves erroneous. D. A physician may go ahead and carry out an obviously necessary procedure without first taking the patients history [B]
32
33
[C]
34
[D]
35
87 46
Liabilities of Physician [A]
Instances when a physician may NOT be held liable for abandonment: A. failure to visit the patient sufficiently after believing that the patient needed no further treatment B. failure to provide follow-up attention C. refusal to attend a case for which he has assumed responsibility D. failure ti arrange for a substitute during the attending physician s absence Exemplary damages are imposed, by way of example, for the public good. Which is NOT correct? A. it can be recovered as a matter of right B. in criminal offenses it is part of the criminal liability and may be imposed when the crime was committed with one or more aggravating circumstances C. are monetary compensation over and above compensatory damages awarded as punishment because of wanton or reckless nature of the wrong committed D. may be granted in quasi-delect if the defendant acted with gross negligence In the following instance, a physician may be confronted with a condition of emergency Which instance is NOT correct? A. A 9-year old boy sustained in a fracture of the elbow. He was anesthetized with chloroform by a surgeon and death ensued within 5 minutes. The surgeon was not held liable. B. A patient consented for appendectomy. The surgeon was liable for removal of her diseased/nonfunctional fallopian tubes without the consent of the patient C. During gastroscopy, the patients esophagus was perforated. Thoracotomy to repair damage was done. The physician was not held liable D. During an operation for tubal pregnancy, it turns out to be a case of acute appendicitis. The surgeon was not liable for removing the diseased appendix even without consent of patient A physician cannot be held liable for the ill effect of his management procedure if A. He can show that he applied his knowledge and skill with diligence and care. B. The doctrine of res ipsa loquitur is applicable. C. The patient contributed to the ill-effects D. The procedure is by its nature risky. A general surgeon was engaged to remove the myoma of a patient in the province who is 20 years old and still childless. When he found that the fallopian tubes of the patient were severely damaged, he removed the uterus and the tubes instead. Pick the correct statement: A. The surgeon must have stuck to the original contract to remove the myoma and leave the uterus. B. The surgeon was right in removing the diseased organs myomatous uterus and damage tubes. C. Since the patient is young and childless and asleep during surgery, the surgeon should have removed the myoma and left the uterus and tubes intact. An intacr uterus will still be useful in IVF. D. Even if the surgeon left the uterus intact after myomectomy, no pregnancy will result once the tubes are damaged A patient was brought to the doctor because of the presence of a mass in the abdomen. Because there was pain, the surgeon did a laparotomy. The physician was sued for malpractice because the patients mass turned out to be a pregnant uterus. The court r uled in favor of the patient because A. The surgeon was found negligent because he did not ask about the menstrual history of the young married woman and no pregnancy test was done. B. The surgeon failed to recognize a pregnant uterus when he did a pelvic examination C. the surgeon made a hasty decision D. the surgeon failed to seek an obstetricians opinion In the course of a D and C due to incomplete abortion blood transfusion was done. The patient subsequently developed hepatitis and sued the physician. Exoneration of the physician was due to A. The physician was not the owner of the blood bank. B. The blood was checked by the laboratory and blood bank C. The physician explained to the patient the small risk of post transfusion hepatitis to which the patient agreed D. The hospital was the one responsible not the physician A surgeon cannot be held liable for the negligent or wrongful acts of the A. assisting surgeon B. sponge nurse C. instrument nurse D. anesthesiologist
47
[A]
48
[A]
49
[A]
50
[C]
51
[C]
60
[C]
61
[D]
Liabilities of Physicians [D] 62
A patient underwent a night oophorectomy in a well equipped hospital. She was given antibiotic coverage for 3 days postoperatively. The patient developed peritonitis anyway and died. Pick the right statement: A. The hospital was liable because the infection developed in its operating facilities. B. The doctor was liable because he did not foresee that tetanus infection will develop postoperatively. C. The pharmacist who delivered the antibiotic prescribed cannot prevent postoperative infection D. The doctor was not liable because he prescribed an antibiotic after surgery Regarding the duties of physicians to their colleagues and to the profession , which statement is NOT valid? A. A physician may administer a special remedy as long as it has been tested to be harmless. B. Physicians should labor together in harmony, each giving freely to others whatever advantage he may have contributed. C. A physician should willingly render gratuitous services to a colleague, to his wife and minor children. D. In difficult and serious cases or in those which are outside the competence of the attending physician, he should always suggest and ask consultation. The following are some of the duties of physicians to their colleagues and to the profession, EXCEPT: A. A physician may administer a secret remedy as long as it has been proven harmless. B. It is degrading to professional character for physicians to establish an unjust competition among physicians in the community by unwarranted lowering of fees. C. A physician should carefully refrain from making unfair and unwarranted criticisms of other physicians and constructive criticisms should be given privately and direct to the physician involved. D.it is unprofessional for a physician to pay or to offer to pay commission for the purpose of gaining patients. There are several modes of approach to alleviate or cure a condition in the management of a patient. Which statement is NOT valid? A. A physician cannot be held liable for an injury as long as a respectable minority in the medical profession concurs with the method he used and due care was observed by him. B. A physician who has adopted a method of treatment with or without scientific basis but customarily prevailing in the community is immune from any liability if untoward effects occur C. A physician whose method is either unknown to or disapproved by his peers or no one agrees with his management can be made liable for negligence D. if a physician applied a method of treatment from several generally accepted method, he cannot be held liable if he failed to produce good results. After laparotomy by a private surgeon, a piece of gauze was left in the abdominal cavity of the patient. Who can be held liable? A. no one B. the surgical nurse C. the surgeon D. the hospital A patient was re-operated by Surgeon B because of sign/symptoms of peritonitis 10 days after patient discharge from confinement. Surgeon B found a piece of gauze intra peritoneally. The first Surgeon A may be liable for negligence on the doctrine of A. res ipsa loquitur B. ghost surgery C. volunti non fit injuria D. respondent superior A physician who gives an overdose of a drug may be charged for A. immorality B. dishonorable conduct C. gross negligence
[A]
63
[A]
64
[B]
65
[C]
66
[A]
67
[D]
68
D. incompetence
[A]
69
Which is/are the effects of overtreatment? A. all of the three C. cause unnecessary financial losses to patient B. patient may suffer physical D. treatment of symptoms which are the result and emotional harm of overtreatment A Physician diagnosed and treated a patient as suffering from syphilis. Doing a simulated laboratory examination. He reported the results of the test as positive when in fact it was negative. His acts are ground for revocation of his registration certificate and classified as A. Unprofessional conduct C. personal disqualification B. unethical conduct D. criminal act Which among the following is NOT a part of the Hippocratic Oath? A. My colleagues will be my brothers. B. I will cure sometimes, alleviate often and comfort always. C. I will practice medicine with conscience & dignity. D. I will hold in confidence all that my patients confide in me.
[C]
70
[B]
71
89 72
Liabilities of Physicians [D]
Parts of the Hippocratic Oath are the following statements, EXCEPT: A. I solemnly pledge to consecrate my life to the service of humanity. B. I will give respect and gratitude to my deserving teachers. C. I will maintain the utmost respect for human life from the its inception D. none of the above The most important factor which determines the success or failure of a practitioner in a place is A. academic preparation of the physician C. impression created by the people B. previous experiences and training of D. all of the above the physician The study of ethics is generally divided into all of the following areas, EXCEPT: A. Descriptive ethics in which comparative and cross-cultural analysis are done B. normative ethics, in which there is an inquiry into actions and their worth C. metaethics, in which ethics itself is studied to determine questions about moral concepts D. evaluation, in which the bet answers are determine Factors that can be expected to continue the importance of medical ethics include the following, EXCEPT: A. rise of new technologies C. new moral discoveries B. the demand of the public D. physician concern Which of the following statements is most clearly about nonmoral values? A. He was wrong to lie C. Anyone who cursed God is bad. B. My doctor is a good man D. Her stethoscope was a good buy. The Code of Ethics of the medical profession as promulgated by the Philippine Medical Association provides guideline, EXCEPT: A. duties of physicians to their patients C. duties of the physicians to the community B. civil liabilities of physicians imposed by D. obligation and duties of physicians to their law in the practice of the healing art colleagues and to the profession Which of the following constitutes unethical act? A. announcing the availability of his services at such time, place and schedule in the media B. lecturing in scientific meetings C. advertising of a balikbayan specialist the advantage of his expertise over the indigeneous practitioners in the media D. using very expensive equipment in his practice A balikbayan physician puts upa sign board at his clinic. Which is unethical? A. Diseases of Women & Children C. consultation hours 9-11 am. B. Trained at Mayo Clinic D. consultation by appointment only The following are the duties of a physician to his colleagues. Which is correct? A. specialists opinion maybe told to the patient for his information B. a physician treating patient which appear to be out of his proper line of practice should refer the case to those who specialize in that class of ailment C. the specialist should in turn reply writing to the physician-in-charge, giving his opinion of the case and recommended treatment D. physician gives the patient a letter of introduction with the history, diagnosis, treatment and all details that may be of service to the specialist he refers the patient to. A physician should willingly render gratuitous service to the following, EXCEPT: A. to the father and mother of a C. to parents of a colleague who are not colleague if they are dependents dependents B. to a colleagues wife D. to colleague in the profession A physician should not prescribe any treatment to a hospital patient under the following conditions, EXCEPT: A. when the patient has his own physician C. when the patients physician is available B. the attending physician has not D. in case of emergency and the attending withdrawn from the case yet physician is not available A physician who violates the provision of the Code of Ethics as promulgated by the Philippine Medical Association may be held liable for A. reprimand C. any of the above B. suspension or revocation of his D. criminal prosecution certificate of registration
63
[C]
64
[D]
65
[B]
66
[D]
67
[B]
68
[C]
69
[B]
70
[A]
71
[C]
72
[D]
73
[C]
Unethical practices of physicians may be complained to A. to the Secretary of Health C. the Regional Trial Court B. to the Chief of Police D. the PMA committee on ethics & medical practice Which of the following is ground for reprimand of a physician, suspension or revocation of the certificate of registration by the Professional Regulations Commission? A. high mortality rate among his patients B. announcing his return from abroad and resumption of medical practice in the Philippines C. serving as expert medical witness in a suit involving another physician D. violation of any provision of the Code of Ethics One of the grounds for the suspension or revocation of the certificate of registration of a physician on account of a criminal act is A. immoral or dishonorable conduct B. violation of the Code of Ethics C. conviction by court of an offense involving moral turpitude D. false, extravagant or unethical advertisement After two years, the Commission, upon the recommendation of the Board of Medicine, may order the reinstatement of any physician whose certificate of registration has been revoked. Which is correct? If the respondent A. has not committed any illegal. Immoral or dishonest act B. acted in an exemplary manner C. all of the three D. has not been issued a registration certificate after passing the examination because of conviction involving moral turpitude Which of the following is ground for administrative charges against a physician before the Board of Medicine? A. writing a column in a daily newspaper B. upon arrival from abroad, announcing in a newspaper his clinic address and clinic hours C. writing a letter to the editor criticizing the Department of Health D. kicking a surgical nurse because of her slowness Which may be considered ethical? A. In the Yellow Telephone Directory, placing the title Obstetrician after the physicians name B. Advertising the physicians method of treatment by radio and te levision C. Criticizing openly treatment carried out by another physician D. Using an agent to recruit patients The PMA Committee on Ethics and medical practice imposed disciplinary action on a physician. Identify the basis: A. the physician charged higher professional fees B. the physician maintained a flushy office C. the physician originated false statements derogatory to a colleague in order to lure the patients of the other physician D. the physician sued a patient for non-payment of professional services The following acts of a physician are considered as unprofessional conduct, EXCEPT: A. issuing statements or spreading news derogatory to the character of another physician without justifiable motives B. refusal to assist in the administration of justice when called upon by the judicial authorities on medico-legal matters C. fraud in the acquisition of the certificate of registration D. false extravagant and unethical advertisement If the second doctor in a case informed the patient that should he have been operated earlier, he would have recovered faster and would have incurred lesser expenses. Was the doctor guilty or not? Why? A. Yes, the second surgeon was guilty of unethical conduct because he maligned colleague assuming that the first surgeon did what was ethically and medically correct. B. He was guilty,morally and ethically if the basis of his actions were professional jealousy or personal vindictiveness. C. He was not morally guilty, if indeed the first surgeon procrastinated without medical evidence of support in his, decisions and if he did not inform the patient of the deleterious consequences D. all of the above
[D]
75
[C]
76
[C]
77
[D]
78
[A]
79
[C]
80
[C]
81
[D]
82
91 83
Liabilities of Physicians [B] A.
Which is NOT a ground for reprimanding a physician or for suspending or revoking his certificate of registration? issuing a false medical certificate C. immoral conduct B. criticizing the government policy on public health D. insanity During a medical society meeting, a physician called another physician an idiot The offended party could file a complaint with the Board of Medicine charging A. issuing a statement derogatory to the B. libel character and repuration of another C. slander physician without justifiable motive D. immorality Which de1amatry statement would NOT be actionable unless made with malice? A. official communications made by the mayor in the performance of his duty B. made by a counsel in his pleadings which are relevant to the issues C. statements given is prompted by ill-will to injure the reputation of the person defamed D. made by a congressman in discharge of his functions V Which is NOT criminal liability incurred by a physician incidental to the practice of medicine? A. abortion D. liability in the issuance of birth B. violation of the Dangerous Drug Act and death certificates C. defamation The mistress of a married physician sought redress from the Board of Medicine when the physician left her for another woman. Which statement is VALID? A. She can charge the physician for immorality. C. She has no right to complain. B. She can accuse him of adultery. D. She can charge him of abandonment Which is NOT sufficient ground for penalizing a physician? A. issuing a false medical certificate C. addiction to alcohol slandering the reputation of another D. criticizing the policies of the physician. Department of Health A physician caused to be advertised in a newspaper that he had treated and cured a patient suffering from rabies, a claim which was not true. He may be held liable for fraud B. false advertisement C. gross negligence D. dishonorable conduct An unmarried physician was discovered having sex with an unmarried nurse. He may be charged before the Board of Medicine for seduction B. immorality C. adultery D. reckless imprudence A physician criticized in public the treatment rendered by a colleague. The offending physician maybe charged with A. libel B. slander C. unprofessional conduct D. immoral conduct The physician treats patients with an Injectable drug concocted by him, the ingredients known only to himself. He could be charged before the Board of Medicine for A. unethical practice C. violation of the Generic Act B. violation of the Pharmacy act D. dishonorable conduct Dr. Jose Alcantaras wife flied an administrative complaint before the PRC against her husband who was living with a mistress and abandoned her and his three children. His acts are grounds for revocation of his registration certificate and classified as A personal disqualification C. unprofessional conduct B unethical conduct D. criminal act What should be the proper conduct of a physician when a patient is referred to him a colleague? A. all information should be held confidential and released to the referring physician B. can verbally inform his findings through the referring physicians secretary C. he can refuse the referral D. enlighten the patient about the case practicing family physician has a patient with a severe case of cardiovascular What should be the most appropriate thing for him to do? A. refer the patient to and tier family physician who is more experienced B. refer the patient to a more senior consultant C. refer the patient to a physician whose specialty covers the case D. exhaust all means to provide a correct diagnosis for proper management of the case
84
[A]
85
[C]
86
[C]
87
[C]
88
[D] B.
89
[B] A.
90
[B] A.
91
[C]
92
[A]
93
[A]
94
[A]
95
[C]
Medic Jurisprudence
93
On the matter of referral consultation if the consultant does not appear on agreed time, the attending physician, after a reasonable period of waiting, may not do any of the following, EXCEPT: A. deny permission on for consultant to see patient alone B. unilaterally fix another date of consultation.. C. regard consultation as postponed. D. with patients consent, arrange for another consultation. The following are criminal liabilities of a physician incidental to the practice of his profession. Which statement is NOT valid? A. A physician may sell his medical samples since it was given to him for his use B. The imputation that a person has a contagious disease may not be defamatory when it was done with good intention and justifiable motive. C. A physician who falls to take the necessary precautions once they are foreseen is guilty of imprudence. D. Unless expressedly authorized by law, an unlawful prescription of prohibited drugs is considered criminal. The prohibition and imposition of penalty on physicians who sell medical samples gratuitously given to them by drug promoters is embodied in A Medical Act of 1959 as amended C. Revised Penal Code B. revised Administrative Code D. Pharmacy Law The principal aims of the Generics Act is to A. reduce the cost of drugs B. encourage local production of drugs
[A]
97
[D]
98
[C]
99
C. enable the customer to choose the brand most affordable to him D. safeguard the quality of drugs in the market
[C]
100
The main objection of PMA to the Generic Law is that A. The BFAD is not yet capable of determining the absolute safety of generic drugs. B. It makes new drugs comparable with drugs that have long track records. C. It will allow the pharmacy clerk to dispense another drug instead of what the physician prescribed. D. Itwill not lower the prices of drugs as claimed. When a physician prescribed a drug without writing down the generic name, the prescription is considered under theGenerics Act as A. violative prescription C. permissible prescription B. erroneous prescription D. controversial prescription The Generic Act of 1988 provides theta physician prescribing a drug must write down the A. manufacturers name C. generic name B. brand name D. complete chemical name According to the Generic Act Of 1988, a physician required A. to write prescriptions using the generic name. The brand name may beincluded if so desired B. to write prescription using the generic name and strictly prohibiting the inclusion of the brand name . C. to write prescriptions using only the brand name D. to write prescriptions by listing all the brands having the generic active principle. The pharmacist must take possession of prescriptions of all kinds of drugs after delivery of the medicine. Which is NOT correct? A. if a patient insists for a copy, he may give him a duplicate or xerox copy B. the prescription is the property of the hospital who employed the pharmacist C. pharmacist has no right to retain the prescription if no medicine has been delivered D. he has absolute right to retain the prescription as part of his business record A prescription containing the phrase NO SUBSTITUTIQN ALLOWED is considered under the Generic Act as. A. mandatory prescription C. violativeprescnption B. restrictive prescription D. impossible prescription Repeated violation of the Generic Act is penalized by A. reprimand and warring C. complete revocation of license to practice B. suspension of license to practice D. imprisonment medicine and fines
[A]
101
[C]
102
[A]
103
[D]
104
[C]
105
[B]
106
93 107
Legal Doctrines in Malpractice [D]
Under the Generic Act, the physician making a prescription should NOT write A. the generic name in bold letters C. the name and address of the patient B. the brand name D. the phrase No substitution allowed A drug manufacturer may be held able for injury to patient administered a drug if there is failure A display prominently the generic name in the label C. indicate expiry date B. test the drugs property before marketing D. indicate ingredients Legal doctrines in Malpractice
108
[B]
When a person is responsible for the wrongful conduct or negligence of another, what doctrine is applied? A. all of the three B. ostensible agent C. borrowed agent D. captain of the ship Vicarious liability of a physician refers to his accountability for injury to his patient because of A. negligent act committed by his nurse C. defective hospital equipment B. failure of his patient to obey instructions D. misunderstanding between him & his patient During appendectomy, a patient suffered phenol bums on his leg due to the negligence of the nurse. Who may be held liable? A nurse B. hospital C. surgeon D. both surgeon and nurse A resident in the Dept of Ob-Gyne saw a patient in the ER complaining of left-sided abdominal pain. She was given mefenamic acid and sent home only to come back in shock for ruptured ectopic pregnancy. The hospital is liable in this case under the doctrine Of A. vicarious liability C. independent contractor injury B. borrowed servant D. corporate liability The doctrine of vicarious liability involves which of the following person/s as applied to medical malpractice? A. patent who has injured on account D. person who may be held financially liable of the negligent act of someone to the patient for the negligence of the B. person who actually injured the patient person who actually caused the injury C. all of the three Which of the following doctrines does NOT fail under the doctrine of imputed negligence? A. common knowledge C. captain of the ship B. borrowed servant D. ostensible agent In which of the following instance/s &are the doctrine of common knowledge NOT applicable? A. all of the three B. inspite of careful examination the physician made an honest error of Judgment C. when an accepted method of medical treatment involves hazards which produce injuries inspite of care exercised by the physician D. the management procedure resulted badly to the expected Res ipsa loquitur means A. another case is cited B. the location of the case is somewhere else
[A]
[A]
[D]
[A]
[A]
[A]
[A]
[D] C. the truth of the case is in question D. the thing speaks for itself [A]
When the injury sustained by a patient is duo to failure of the physician to perform his duty. This is the doctrine of A. proximate cause B. bad result rule C. calculated risk D. honest error judgment In the doctrine of res ipsa loquitur, choose the correct statement A. The patient may not have to prove the causative act. B. The community or the court must be convinced medically that the act committed is due to negligence. C. The negligent act directly caused the injury kind needs no proof. D. Medical testimony is needed to prove the physicians negligence. In the application of the doctrine of res ipsa loquitur, which is NOT valid? A. res ipsa loquitur is primarily derived from the doctrine of common knowledge and are being used interchangeably B. the doctrine is commonly applied in surgery when the incision is used and some foreign body is left unintentionally and allowed to remain in the patients body C. expert medical testimony is necessary to prove that a physician has clone a negligent act D. res ipsa loquitur means that the nature of the wrongful act or injury is suggestive of negligence
10
[C]
11
[C]
Legal Doctrines in Malpractice [B] 12
In a private hospital, the resident physician, like the nurses are employees of the hospital and any wrongful act committed by them in the course of their employment within the scope of the granted to them, the hospital must be held liable. This is based on the doctrine of A. res ipsa loquitur C. assumption of risk B. vicarious liability D. proximate cause The doctrine of res ipsa loquitur and common knowledge doctrine are used interchangeably. Technically, the main difference between the two are the following, EXCEPT: A. in res psa loquitur there is an obvious need for evidence as to both the standard of care and the specific act B. in common knowledge the patient must prove the causative act C. in res ipsa loquitur there is no need of an expert witness D. in common knowledge there is need for an expert medical testimony to establish standard care Ordinarily a nurse is art employee of a hospital and any wrongful act committed by her within the scope of the authority granted to her, the hospital must be held liable. However, if a private surgeon enters the operating room of a hospital to perform surgery to his patient, any wrongful act committed by the operating room nurse, the private surgeon must be held liable under the doctrine of A. res ipsa loquitur C. assumption of risk B. vicarious liability D. proximate cause An internist ordered a resident to perform a lumbar tap on his patient The resident assigned became busy in the operating room. The chef nurse did the procedure herself. Which of the following statements is NOT valid? A. if untoward incidents will arise in the procedure, the surgeon is liable B. the only party liable is the nurse who did the procedure on her own volition C. since the nurse is an employee of the hospital, any liability of the nurse will be passed on to the employer D. the resident is not liable since he was legitimately busy at the time Under the present laws, one of the following is NOT an employee of the hospital: A. staff nurse B. pharmacist of the hospital C. student nurse D. nurse aide The following doctrines/theories are applied to immunity for acts of its employees in voluntary non-profit or charitable hospitals, EXCEPT: A. A patient who enters a private charity hospital waives his right to claim damages. B. Private hospitals or charity rendering service to indigent patients without remuneration must be given the same immunity as government hospitals. C. A pay ward patent in the private charitable hospital can claim damages from the hospital. D. The contribution held in trust of the governing body are specifically for the reception, care and treatment of charity patients and there is no fund available for payment of damages. A person brought action against a physician for injuries caused by the physicians employed nurse during the course of treatment Recovery against the physician was sought under the doctrine of A. res psa loquitur C. fellow servant B. borrowed servant D. captain-of-the-ship A hospital may be held liable for a negligent act of a hospital resident physician under the doctrine of A. res ipsa loquitur C. command responsibility B borrowed servant D. doctrine of assumption of risk A hospital may be held liable for a negligent act of a hospital resident physician under the doctrine of A. Imputed negligence B. Res ipsa loquitur C. Fellow servant D. assumption of risk At the time of cholecystectomy, a broken needle was left in the abdomen. A suit of malpractice may be instituted based on the doctrine of A. assumption of risk C. res ipsa loquitur B. foreseeability D. contributory negligence Liability of a resident physician while helping a private surgeon in the performance of an operation makes the private surgeon liable under what doctrine? A. superior knowledge C. ostensible agent B. common fault D. borrowed servant
[D]
13
[B]
14
[B]
15
[C]
16
[C]
17
[D]
18
[C]
19
[C]
20
[C]
21
[D]
22
96 23
Legal Doctrines in Malpractice [C]
In a Cesarean section case, a sponge was left in the abdomen. A suit for malpractice was instituted based on the doctrine of A. assumption of risk B. borrowed servant C. res ipsa loquitur D. ostensible agent In the course of radiation therapy, the patient suffered from severe burning of the skin of the irritated area. The radiotherapist was held liable under the doctrine of A. assumption of risk B. borrowed servant C: res ipsa loquitur D. ostensible agent A 45-year old female ld breast surgery for CA of the breast with metastasis. She consented in writing to undergo trial of a new chemotherapeutic modality, The patient continued to deteriorate and sued the physician. The physician was absolved under the doctrine of A. assumption of risk C. common knowledge B. continuing negligence D. contributory negligence A private obstetrician was held liable for the fracture of the patients rib caused by pressing of her abdomen by a nurse during child birth in a hospital under the doctrine of A. ostensible agent B. contributory negligence C. foreseeability D. borrowed servant While Incising an abscess on the cheek of a patient, the surgeon accidentally cut the pinna of the nearby ear. The surgeon can be Iiab4e under the doctrine of A. res ipsa loquitur B. calculated risk C. forseeability D. comparative negligence A pathologist, connected and associated with a hospital on salary contract, reported after tissue biopsy theta patient had cancer when in fact he did not. The patient underwent hysterectomy as a result of the misdiagnosis. The hospital was held liable by the court under the doctrine of A. borrowed servant B. captain of the ship C. fellow servant D. ostensible agent A physician incised an abscess on a patient and placed gauze drain to facilitate drainage at its purulent contents. The incision failed to heal on account of presence of cotton fibers coming from the gauze drain. The physician may be held liable under the doctrine of A. foreseeability C. assumption of risk B. continuing negligence D. contributory negligence A patient had a swollen left eye and was treated for a year by an ophthalmologist without improvement A second eye doctor was consulted who discovered a tiny glass foreign body in the angle of the palpebral fissure, The first physician was held liable because A .he did not exercise meticulous investi C of the doctrine of continuing neg1igence gation of the cause of the eye sore D. he failed to administer the effective B. he failed to discover the ailment treatment The doctrine which wilt bar a patient from recovering damages because he assents to the risks of injury: A doctrine of continuing negligence C. contributory negligence B. doctrine of assumption of risk D. doctrine of sole responsibility A singer was informed of the possibility of vocal cords paralysis if she has a thyroidectomy. She decided to have surgery done anyway and developed hoarseness. The surgeon was sued but won the courts favor. Choose the best reason why: A. there was no negligence on the part of the surgeon B. preoperative information the patient was comprehensive C. the doctrine of assumption of risk applies D. the complication was inevitable A restless and maniacal patient was confined in a private room of a hospital with windows without lock or iron grills upon order of the attending psychiatrist He did not request the members of the family or the nurse to have a close watch of the patient The next day the patient was found dead on the ground after jumping from the windows The psychiatrist may be held liable under the doctrine of A res ipsa loquitur B. assumption of risk C. forseeability D. borrowed servant A 22-year old single, 8 weeks AOG came for consult for vaginal bleeding, arid the obstetrician gave her treatment for threatened abortion. The patient, instead, took. an abortifacient causing her to bleed more. D & C was done, blood transfusion given. The parents sued but the obstetrician was exonerated on the doctrine of A. contributory negligence C. calculated risk B. continuing negligence D. common knowledge
24
[B]
25
[A]
26
[D]
27
[A]
28
[D]
29
[B]
30
[C]
31
32
[C]
33
[C]
33
[A]
Medical Malpractice [A] 35
97
The doctrine of proximate cause requires A. a direct physician connection between the wrongful act of the patient and the injury suffered by the patient B. neither natural continuous sequence of events. C. solely the failure on the part of the physician to exercise the necessary skill An eye operation complicated by infection resulted in ross of vision because the ophthalmologist failed to take adequate precautions for asepsis. He was found guilty according to the doctrine of A. proximate cause B. assumption of risk C. foreseeability D. vicarious liability When an accepted method of medical treatment involved hazards which may produce injurious results despite care exercised by the physician, the physician may not be held liable should an injury occur under which doctrine? A. res ipsa loquitur C. doctrine of common fault B. calculated risk D. doctrine of for foreseeability Doctrine that bans the patient from filing charges against their doctor, when the patient held critical information from the doctor that resulted in error on the part of the patient: A. doctrine of continuing negligence C. doctrine of assumption of risk B. doctrine of contributory negligence D. doctrine of res ipsa loquitor A patient had an open wound and the doctor gave him a prescription for tetanus antitoxin arid toxoid, then told him to return immediately for the injection The patient did riot come back and: a week later, had a full blow tetanus anc died. The doctrine that is applicable to this is called A contributory negligence C. vicarious liability B. assumption of risk D. borrowed servant A patient delivered to a nine pound baby after 20 hours of labor. One day after delivery, the went home against advise and developed postpartum hemorrhage. The patient lost her suit for damages against the physician because A. .the patient survived B. the baby was delivered without injury C. because of the Doctrine of Contributory Negligence by the patient. She went home against advise. D. the physician gave the right advise The Doctrine of Contributory Negligence is also known as A. Doctrine of foreseeability C. Doctrine of Continuing Negligence B. Doctrine of Common Fault D. Doctrine of Superior Knowledge During esophagoscopy, a patient made a violent move without warning resulting in death of the patient due to the puncture of the esophagus. This is what type of contributory negligence? A. contemporaneous C. antecedent B. subsequent D. common fault The following statements are true under the doctrine of avoidable circumstances, EXCEPT: A. patient cannot recover damages for the aggravated injury of which he is responsible B. proving that the injured party could have prevented the damages rest on the defendant C. damages cannot be reduced if injured party refuses to undergo a serious operation D. the attending physician is totally liable Medical Malpractice
[C]
36
[B]
37
[B]
38
[A]
39
[C]
40
[B]
41
[D]
42
[D]
43
[D]
The failure of the physician to perform his duty which developed upon him in his professional relationship with the patient and such failure resulted to injury to the patient A. criminal malpractice C. doctrine of respondent superior B. proximate cause D. medical malpractice Medical malpractice primarily consists of four Ds, EXCEPT: A. dereliction B. duty C. denial D. damage Unless otherwise specified, the term malpractice ordinarily refers to what type of wrongful act of a physician? A. all of the three B. cMl C. criminal D. administrative
[C]
[A]
98 4
Medical Malpractice [A]
A physician is liable for malpractice when he has failed to perform his duty to his patient in the following instances, EXCEPT: A. Refers a case which requires a procedure beyond his competence. B. Fails to exercise due care and attempts to exercise the skin he knows he does not possess C. Fall short of the standard of practice and the patient suffered injury. D. VioIates the privacy of his patient In the substantial factor test to determine the causal link between negligence and injury. Which is not correct. A. if the negligent conduct was a substantial factor to cause harm, causation is established B. all of the three are correct C. there must be a reasonable probability that the injury was due to the physician negligence D. the mere possibility that the physicians negligence can cause injury to the patient is ground for damage A physician may be liable for malpractice if . A. his patient dies B. the patients condition worsens C. the patient does not get well D. there is evidence that the physician departed from the accepted standard of medical practice
[D]
[D]
Medical malpractice is an offense which falls under the jurisdiction of the A. Philippine Medical Association C. Board of Medical Education B. Association of Philippine Medical Colleges D. Board of MedIcine Compensatory damages are applied to medical malpractice resulting in death. Indemnity is based on the minimum value of life and other reasons as the following, EXCEPT: A. amount of damages for death should not be less than the minimum value of human life inspite of presence of some mitigating circumstance B. a recent not an heir may demand support for a period not to exceed 10 years C. loss of earning capacity of the deceased, unless before death did not earn due to permanent physical disability not caused by defendant D. moral damages for mental anguish can be demanded by spouse The following instances fails under compensatory damages as a result of a medical malpractice, EXCEPT: A. death C. besmirched reputation/social humiliation B. diminished or loss of earning capacity D. nerve injury with its complications What kind of moral damages result in disfigurement, mental aberration and physical dependence? A fright and moral shock C. mental anguish B. besmirched reputation and social humiliation D. physical suffering To make a physician liable for civil medical malpractice, it must be established in court A. that the physician has a duty to his patient which he failed to do B. that the patient suffered injury on account of his failure to perform his duty C. that the failure of the physician to perform his duty is the proximate cause of injury sustained by the patient D. all of the above The following factors, among others, may be responsible for the increasing frequency of complaints against physicians, EXCEPT: A. failure of present day physician to apply most modern method of life-saving devices that can give good results because of their high incidence of untoward results B. to the breakdown in communication and rapport between the physician and his patient C. some physicians in their desire to earn undertake sophisticated procedures in diagnosis and treatment in spite of their limited training D. can be attributed to the unwise comments or criticism with regards to treatments given to patients by other physicians The contributing factor for the increasing number of malpractice cases against the doctors are A disappearance of family physician B. loose talk by doctors and disappearance of family physician C. neither of these are correct D. talks by doctors
[D]
[B]
[B]
10
[B]
11
[D]
12
[A]
13
[B]
Medical Malpractice [D] 14
A post operative renal patient bled, blood transfusion was discovered to be the wrong type. who is liable for the mistake? A the superstng pathoogit C. :ao atory tucrnca,n 0. the attendwg phycan L Ow hc:C dnetcr Injuries or death in Blood transfusion occur due to errors or complication. Which of the following instances s NOT correct? A. An intern was called by a nurse to go blood transfusion to a wrong patient During the patient suffered chills, fever, headache and became mentally ill thereafter the intern is held liable B. A lab technician employed by the hospital after though screening made an error in labeling the blood type of blood transfused resulting in the death of the patient. The lab technician may be held liable C. A restless patient in shock received blood but about 200cc went into the surrounding tissue as the needle. went out of vein. The hospital was held liable for the negligent act of the ward nurse D. Failure to transfuse a patient when there s extreme indication that blood should be administered may be a causse of liability. A wrong type of blood was transfuse to a patient who developed post-partum hemorrhage and subsequently died, Who may be held liable? A. the hospital C. the hospital pathologist who directly B. the hospital laboratory technician who supervises the technician made a mistake in examining the blood D. the attending obstetrician The defendant surgeon saw a nurse shortly after the operation satisfactorily administering blood transfusion to the patient The nurse, however left the patient in the care of an attendant The needle came dislodged and the extravasation of blood injured the patients arm A. attendant B. all of the three C. nurse D. doctor To be free of a charge of negligent transfusion of contaminated blood A. the blood should not have been stored more than 30 days B. the blood should be stored at room temperature. C. a stained smear of the blood should be examined prior to use D. none of the above A Jehova witness patient develop fetal distress in labor and a Caesarian section delivery was done. Surgery was complicated with bleeding that blood transfusion was advised to save her life but to which she refused. The patient died but the obstetrician was exonerated by the court. Choose the best reason why: A. He did the right treatment. C. He gave the right acuse to the patient. B. The doctor respected the religious D. The doctor was very qualified belief of the patient. If a newborn child contacts opithalmus neonatum because of the physicians failure to drop silver nitrate into the childs eyes at birth, the physician may A. be liable for criminal malpractice C. be liable for criminal and civil malpractice B. be liable for civil malpractice D. not be liable at all Before giving a penicillin injection, a physician inquired about a history of hypersensitivity to drugs and carried out a skin test for sensitivity to penicillin. Both history and skin test were negative. After penicillin injection, the patient developed adverse reactions and died. The physician is A. liable for murder B. liable for malpractice C. liable for homicide D. not liable A patient was in severe pain and requests for an analgesic. The doctor prescribed a good one but the patient developed severe reaction and died. Is the doctor liable? A. The doctor s not responsible because the drug is supposed to be safe and effective. B. No one is responsible. C. The doctor is not guilty because the patient had an unexpected reaction called idiosyncrasy to the-drug. D. The manufacturer is the one responsible. A physician may be held liable the untoward or unexpected effects in the administration of a drug, EXCEPT: A it physician fails to note history of allergy D. if physician fails to stop treatment B. if the physician fails to test for skin reaction when drug reaction has been C. treatment was made in good faith observed
[A]
15
[C]
16
[C]
17
[C]
18
[B]
19
[C]
20
[D]
21
[C]
22
[C]
23
100 21
Rights & Liabilities of Hospitals
Medical Jurisprudence [C]
When there is evidence that injuries in a patent resulted from failure of a physician to exercise the required degree of care, skill and diligence. the physician can be held liable for A. unethical practice B. professional negligence C. incompetence D. illegal practice A desk fan fell on the big toe f a housemaid. X-ray showed a slight linear crack of the bone of the toe. The attending physician amputated the big toe. The employer of the maid could change the physician before the Board of Medicine for A. mutilation B. incompetence C. dishonorable conduct D. unethical practice During an operation on a patent by a private surgeon, the resident physician assisting him committed an error which resulted in injury tc the patent Who is liable for damages? A. resident physician B. attending physician C. hospital D. no one Which of the following is classified as quantitative overtreatment? A. all of the three B. indiscriminately prescribing medicines having similar effects C. application of cast without any Justifiable reason D. performing cesarean section to a normal uncomplicated pregnancy Damages agreed upon by the parties to a contract, to be paid rn case of breach thereof is what type? A. nominal B. temperate C. liquidated D. corrective Defensive medicine means any act or omission of a physician primarily to avoid malpractice liability, In which instance may a physician NOT be liable? A. orders additional & diagnostic treatment normally considered unnecessary B. hospitalization for a minor procedure as serious complications may occur if done in a clinic C. avoids performance of a hazardous procedure which essential for the patient to recover D. undertaking a hazardous procedure with no medical justification Cause of action for damages for injury sustained may be based on a breach of contract. Which is correct? A. the issue is the negligence of the doctor B. rule of damages is the same as that of a malpractice case C. the expert testimony of a physician is not necessary D. a doctor who makes a contract to effect a cure and uses the highest possible professional skill is not liable if he fails The obstetrician of a pregnant woman faded to attend her at her delivery because he was out of town at the time of childbirth, He could be A. liable for gross negligence. C. charged with dishonorable conduct B. liable for breach of contract D. not liable. The cause of action for damage for injury sustained may be based on a breach of contract Which is incorrect? A. rule of damage is the same as that of malpractice B. the expert testimony of a physician is not necessary C. the issue is negligence of the doctor D. a doctor who makes a contract rejects a cure arid uses Breach of contract can be established with the presence of the following conditions, EXCEPT: A. the contract is not contrary to public policy C. negligence on the part of the physician B. failure to comply with contracts provisions D. presence of a contract with physician warranty An obstetrician had to go out of town for a speaking engagement and duly informed his patients about this, with a qualified obstetrician taking over. A 25-year old G3P2 (2-0-0-2), previous NSD, 40 weeks AOG, went into labor and had complications. The original obstetrician is A. not liable for anything C. liable for breach of contract B. liable for gross negligence D. liable gross dishonorable conduct Right & liabilities of Hospitals
22
[B]
23
24
[A]
25
[C]
26
[B]
27
[C]
26
[B]
98
[B]
99
[C]
55
[A]
A hospital is defined as an institution A. for the reception, care and treatment of those who need medical and surgical attention. B. for the admission and care of those who are not sick but require attention. C. out-patient department not maintained by regularly established hospitals. D. all of the above
[D]
Medical Jurisprudence [D] 2
The primary duties of a hospital are the fooling, EXCEPT A. to furnish adequate and safe equipment B. to exercise reasonable care in the selection of the members of the hospital staff C. to furnish a safe and wemaintained building and grounds D. has the duty of active vigilance against injury to the licensee entering the hospital The following are justifiable grounds for refusing admission of patients in a hospital, EXCEPT A. no available room for that particular type of illness, like a psychiatric ward. B. medico-legal cases like car accident C. all accommodation are filled D. the patients illness is contagious and poses a risk to other patients A hospital may be held liable for injury sustained by an in-patient because of failure of the hospital to A. provide sufficient number of nurses to C. provide sufficient beds to accommodate patients maintain adequate patent services B. accept enough interns for patient care D. maintain staff training program Which of the following is/are correct regarding liable of hospitals for the wrongful acts of their employees? A. non-profit government hospital with a pay ward will be held liable for the wrongful acts of its employees B. proprietary class of government hospital is riot liable for the wrongful acts of its employees C. all three are correct D. government hospitals established to perform governmental functions cannot be sued for damages A hospital may be vicariously liable for the acts of which of the following nurses found in a training hospital? A. OR nurse assisting a private C. ward staff nurse B. Surgeon D. special duty nurse A hospital may be vicariously liable for the acts of the medical star. Which statement is correct? A. attending physician is not legally responsible for the negligent acts of the specialist he calls in to against him in the management of the patient B attending physician and consultant are liable if both took part in the diagnosis and actual treatment of the patient C. hospital is liable for the negligent acts of a resident physician committed during his duty and within the scope of authority granted him D. all of the above A patient lost the function of his right leg alter the physician assisted by i resident phycian was not successful in his attempt to remove a pin fragment from the patients right hip because his procedure was not in accordance with sound orthopedic practice. Who is liable? A. hospital C. hospital arid resident B. physician and hospital D. physician Which of the following may give rise to corporate liabilities of hospitals? A. patients finger was injured when it was caught in a metal while a nurse lowered his bed B. a patient receiving substandard care provided by an independent physician who treated the patient in the hospital emergency room C. a visitor fell over a box full of weeds and debris and suffered a fracture dislocation of his right elbow D. all of the above In order that a hospital is liable for an employees negligence, the following requirements must be satisfied, EXCEPT: A. the services of the employee are to be rendered in accordance with orders of the employer B. the employee was not chosen by the employer C. the employee must be qualified for the job D. the wrongful act of the employee mas ue to the functions entrusted to him by the employer Which among the following is NOT a primary obligation of a hospital? A. to exercise reasonable care in the selection of the members of the hospital staff B. to provide adequate and safe equipment for diagnosis arid treatment C. to provide a safe and well-maintained physical plant and grounds D. to ensure maximum security for the hospital in-patient
[B]
[A]
[D]
[C]
[D]
[B]
[D]
[B]
10
[D]
11
102 12
Medical Jurisprudence [B]
Which statement is VALID? A. Any physician may bring his patient to a private hospital and treat the patient therein. B. A private hospital has the right to choose which phycars may practice medicine in that hospital. C. Hospital residents under training may treat thr owr private patients and charge profesaonal fees. D. Hospital interns are 1egaly accountable for thelr mistakes while rendering modcai cara,
13
In judiciaI hospitalization of insane, a petition for such commitment of a person to a hospital may be fed with the Regional Trial Court of the province where the person
allegedly insane. A. Chief of Police of the town where C. municipal or city mayor where the insane
[B]
the insane resides B. Director of Health 14
resides D. local social welfare agent [A]
Jose Reyes Memorial Hospital is an example of A. government hospital established to perform government function B. government hospital established to perform proprietary function
C. private charitable hospital D. private endowment hospital
15
Which rule or principle is applied by courts to determine whether or not a hospital is vicariously liable for the negligent act of the resident physician? A professional or medical duties C. administrative or ministerial duties B. control over employee D. all of the above Which of the following statements is NOT valid? A. A private hospital has the right to select which licensed physician may use the hospital facilities for the treatment of their patients. B. A private hospital may require that a licensed physician lust become a member of the legal medical society before he can use the hospital facilities C. A government hospital may riot curtail the right of a licensed physician to use the hospital facilities for treatment of his patient. D. Both government and private hospitals have the right to promulgate rules and regulations regarding use of hospital faciities. With regards to the right of the physician to avail of hospital services, which statement is NOT reasonable? A. both private and public hospitals have the right to promulgate rules and regulations as to the use of hospital facilities B. a physician must be a member of a local medical society as a requirement to have certain hospital privileges C. a hospital may forbid the performance at a major operation without the presence of a staff member of designated classification D. managing authorities of a private hospital has the right/discretion to exclude licensed physicians from the use of the hospital Regarding self-regulation of a private hospital, which statement is correct? The Governing Board: A. all of the three B. has broad powers to refuse to admit a physician to its medical staff C. may exclude a physician who had been previously admitted to the medical staff in a private hospital D. must give cause for dismissal and conduct hearings of the charges against a physician, otherwise a physician may use the facilities provided he follows a reasonable mules and regulations An invitee is one of the persons coming within the premises of a hospital. Which is NOT correct? A. a patient entering premises where he has been warned not to enter is an invitee B. hospital is required to make the premises safe for invitees C. a hospital is liable it ran invitee sustained an injury due to improper upkeep of grounds D. a private nurse hired by a patient is an invites One of the persons coming within the premises of the hospital is a licensee. A licensee
is one a customer, a servant or a trespasser and has no contractual relation with the hospital but allowed to be within the premises for his own personal convenience. The best example of a licensee is A. food vendors B. visitors of patients C. blood donors 0. private duly nurse
16
[B]
17
[B]
18
[A]
19
[A]
20
[A]
103
[D] 21 A person permitted expressly or mph .ity to come vitrici the premises of the hospitaI for his convenience is cailed A. busmess visitor B. icorrse C trespassee D. invitee 22 A private medical practitioner wflo treats a patient in a hosprtal S not cor dered to be under the unsdiction anc control cf the hospital insofar as his activities are cOncerned and, therefore, any wrongful act he commits which causes injury ro the pahent. ho hirnsetf must be held ilable. He is considered egay as an A. invitee B. consuitarit C. independent co!itraotor [D] 23 Who is NOT considered an invites of a hospital? A. private nurse hired by an inpadent C volunteer nurseaide B. atteneing physician D. vi5tor or patient [1 24 Who is considered an invites of a hospital? A. food vendor B. patents watcher C. attending phycian D. food vend.Dr 25 Who s considered as business visitors of a hospital? A. food vendor B. patients watcher C. patients visitor D. attending phyiician 26 A private nurse hired by a hospital patient a allowed to enter the hospital premises as a A, trespasser B. invrtee C hcensee D. bounwed servant 27 Who is considered a licensee of a hospital? A hospital canteen cncescionaire 3. staff nurse C patient visitor D. biood donor 28 A person wrio is within the compound of a hospital and is neither a customer or an employee his presence is merely tolerated by the management of the hospital is called A trespasser B. invites C, licensee D. observer 29 A patient in the charity ward refused to leave the hospital nsplte of the fact fuittiere hosptazaton :s no longer needed. The hospital administrator maj A order for his physical ejectmentfiom the hospital. El. request a peace officer to bring him out of hte hospital compound C. request a social welfare instilution to get the patent for coiinernent in any institution fcr charity D. request the court to issue an order for his immediate arrest and confinement in jail. 30 A medical director of a hopital wanted to discharge a Cesarean section case 3 days postoperatively to economize on expenses. The attenciing physician refused to discharge the patient on the grOunds that the risks are high. Who is ethically correct and why? A the medical director has the option to device ways to make the hospital surve, SO he is ethical B. the law forbids the hoopitat to discharge a patient against hr will C. it depends whether a patent is private or charity D. in the treatment of confined patient, the prime consideration is the medical care and recovery. Business considerations come only second. 31 A medical director of a hospital prohibits the hospital staff from treating emergency cases who cannot pay. Where may an administrative complaint be filed against hrn? A. Regional Trial Court C. Professional Regulations Commission B. Philippine Medical Society D. Philippine Hospital Association 32 A patient can be legally detained by a hospital agaut his will if A. The patient cannot pay thee hospital bill in full. B. There s probable danger to the patients life if he is allowed to cave. C. There is need for an autopsy should the patient die. D The patient has a highly communicable disease, 33 A patient maybe detained legally by a hospital in the following conditions, EXCEPT: A. when the patient is insane D. when the patient is a B. when the patient can not pay the bill prisoner of the state C. when the patent is in the hospital pr court order 34 Which is NOT a liability of a hospital? A fadure to provide safe and wtl-maintained C. fadwe to select carefudy the physicians physical plant and grounds allowed topractice inthe hospital failure to furnish safe arid ratable equipment D. failure to protect patients from a,saasins
104 Erwijencios in Medical Pracrie Mcai Jurixknce 35 Which of the follovAng statements iS NC) I ,ad? [A] A. Patents no onger requhng confinement may zonunue ins jerice n the rIOsrtaI ever; though they can not pay theW hit)s B Nurses employed by the hcsptal are the responsbety of The sprta as er as their dignatod functions are. C A hospital rriay choose physicians who may practice therein D Residents in training hospitals may not admit their own pnate patients in the hOspital where they are being trained. 36 A patient who was comatose and under mechanical ife rpiportinq system Bronout (B]
detuped and the machine stopped. The patent dred. Chcooe the aet answer as to vho who was reponsie: A. The persen wno ordered the brown out C. The person who caused the hown out. 9 The hosprtal who had the equipment. D. oroe majeuro, no one was rosponaibie, 37 A patient wno was on strict bed rest was beinj restrained by en orderly from getting out [8] of bed. Because the patent was bigger & stronger, he overpowered the ordody but fell on the ficor & died. The hospital was sued. Give the best reason why the court smissel the case A. the patent was a psychiatric case C. the incident was accidental B. the patient took his own risk when he D. the patient died of coconary oueon disobeyed the doctors order not of the a1 32 A patent had a biopsy of the cervix and the hospital pathologist made a diagnesis of [C] cancer of the cervix. A Wentheims operation was done and findings revealed no cancer of the cervix. The hospital was sued for the error in diagnosic ind was made to indemnify the patient based on A. error of the department of pathology C. doctrine of ostensible agent B. mental and physical anguish of D. expenses of the patent whh the catent white in the hospital shouid not have been 3 A gynecologist performed a total abdominal hysterectomy on a patient with myoma of the [B] uterus. Before closing the abdomen, he discovered that the patient had cancer of the cecum so he refers The oatent to a general surgeon to perform the other operatien. Three days postop, the patent had to be reopened and a piece of gauze was found. Who A. the nperating room nurse afld the hospital C. the gynecologist B all of the bove . D. the secono surgeon The cnicai records of a patent before and after discharge is owned by [A] A. hospital B, patient C. attending physician D the state or govennn;ecit Regarding hospital medical records, which of the following statements is NOT true? A. the physician has the legal right to determine who shall and who shad not sea the.medical record B. personi with legitimate interest in the medical records the patient himself, may be provided with an abstract C the medical staff, residents may freely consult medical records for research purposes D. when specifically authorized by the patient, xerox copies of the record may be given -: Which statement is valid? [A A. A patients clinical record is privileged communication. B. A hospital may release a patients dinical record without his consent, 0. Every citizen has the right of access to a patents clinical rec ord. D. A patients clinical record kept by a hopita1 belongs to the attending physician. -: All are instances when the contertts of the medical record may be disclosed, EXCEPT: [A] . requested by the patent or someone C. law required such disclosure as in a birth acting on his behalf in writing certificate 9. upon -rder of a court C), after approval of the attending physocan A former hospital in-patient requested access to hta dllnical records but was [9] refused by the hospital administrator. He can file in court for an order of
A. certiorari B. mandamus C. legal claim D. injunction Emergenck..s in MwJIcaI Pitice in an emergency situation when the patent is unconsious, which [B] characteristic psychological pattemls of physician-patent relation exists? A. all of the three C. mutial partcipation relation B. actMty-passivity relatiQn 0. guIdance-cooperation relation
ModJcaI JLirprudwics 1 Ii Practke IL.5 1BI 2 A physcan s free to choose he prt whcn L ve. ne may eftse calls or other medft.dt SCihu for edOfl 3t5kctoy to hS ccscence. 1wever, n obliged to respond to any reqLest for sstanc i n emergncg. Bu a phys.icari may st refuse to eUetd to rnergency ca ses when A. the patent is his fc.mEdable rhal in politks, iov r buries B. attending to such emergency c rnicht pose as a threat to the lfe of the phyioan C. the phcian thinks thxt the patient has ho capacity to pay D the phican is busy analyzing an important scenthic [D] 3 In an emergency, members of the famy called derent phycains. Who hal1 at as phcar-in-charge? A. exptnenced and competent, C. 1 ho phcaii most busted by the feniy. B. The physicancustomanIy atten& D The physicianwho arrived first in enrer ing the family in case of sickness . to he famirys calI [0] 4 Which of the foowing statements a NOT vad A. In case of emergencyf a resdent physician may treat the hospital patient of a consuttant without the latters knowledge a nd consent. B. A physician who is called upon toattend a patient of another physician because of an emergency should atten d only to the immediate needs of me patient. C. in anemergncy case riot within the specialty or expertise of a physician, the physician should at least administer first ski before referring the patient to a more qualifisc physician. 0. When in an emergency several physicians were ca.o at the samiiriie by the fami, the most competent physicians among those who come shall be considered t phycian-in-charge.. [D) S A physician should never examine or treat a ho tafized patent of another physician without the Iatte?s knowledge and consent, EXCEPT A. The atient expressedly asked him to do so n Lhi absence of the attending phytrician. B. He is a relative pf the patient C. He will riot c arge the patent a professional fee D. In case of emergency, the atondng physician a not eadiy awIabie. [C] 8 Which statement is NOT validO A. A physician is free to choose whom he will serve B. A patient oan discharge his attending pnysican any time. C. In ase of an emergency, the a:tending sicran should gflt away roer the the paaent to a more quabted physician, if the case does oct fail unoer his expertise D. A physician may charge another physician a piofesional fee if the ohysio.an patient is not practicing medicine but enaged solely n business. A. the physi&an shouldetue to handle the case. B. the physician should treat the casCas if hewere a specialist in the reevant field. C. the physician shoud right away refer the case to a soecialist 0. they phys4cijin should at least administer first aid before referring the patient tn a spetheilat. [DI 7 in emergency operabons, the following are instances when an informed consent need NOT be obtained from the patent Which statement is NOT correct?
A. the surgeon irithe exercise of his best judgment believed that the injured person wiB be seriousty impaired in health untes an operation is performed B. the situation must be such as it vdooid make it ictualty and apparenity necessary to act before there is an opportunity to obtain consent C. it is recommended that the surgeon must hold coraultation with one or more physicians to obtain their opinion 0. The injured person need not he unconscfoijs [C 8 In emergencies in medical practice, which of the fciltowing cases is NOT valid? A surgeon performing ceserean operation discovered a fibroid uterine tumor. He may not be neld liable for tying the fallopian tubes since a succeeding pregnancy miglit sirpose patient to additional hazards. . . , . B. pat3ent Consented to an operation. An instrument broke arid leftin the body of patient through. no fault of the physician. Physician justifled in eictending operation to remove instrunent thout patienift ccnent C f the three are NOT valId . . . ., , .. 0. a reede that could not be located after 20 minutes f search in en abdominsi operation w removed after xay showed it in the pelvic cavity. Physician was riot liable for operation without consent fr eopentng.
10$ D.Iegaton of Physicians Duty - Meduical Jwithwc-e 9 Regarding consent for treatment piocedure to a patient during emergencies, which is [0] correct? A. an emergency does not always infer that the phcian can perform any treatment B. physician is morally obliged to convince the patient telling him of the iitabie to a patient consequences of his refusal C. when a conscious patient in full pcasasson of his mental faculties refuses treatment, the physician must desist from doing something to save the life of the patient D. allofthethree Deiegaflon of Physicians Duty Ghost surgery s commrtted when [A] A the physician who performed the operation on a patient is riot the physician whom the patient consented to do the operation. B. when an operatiri is said to have been performed when in truth and in fact nothing was done to the patient C. when the physician considered the operation as an emergency although it is only an elective operation. D. when the physician performed an operation beyond what has been consented to bythe patient 2 A surgeon allowing another surgeon operate after telling the patient that he is [B] the one who will operate is a fraud that is unishable by k redusion temporal C. forfeiture of the professional fee 8. revocation of the license to practic 0. a fine 3 In ghost surgery, the operating surgeon may be held liable for operation without (0] an informed consent and because of his assauttive act may also be able: A for immoral conduct C. for unprofessional conduct C. for unethical conduct D. criminally for physical injury 4 A physician is an internist and his patient requires surgery. He refers the latter to a [A] surgeon. Ethically he is entitled to A. a medical report from he surgeon who operated B. the right to charge the patient for all services arid then pay the surgeon himself C. perform the operation himself under the name of a surgeon friend D. a percentage of the professional fee involved
5 In ghost surgery, the liability fats on [Al A both the contracting physician and the surgeon C. contracting physician B, hospital 0. nurseondutyinO.R. 8 A surgeon who makes a series of operations in a place and leaves the post- [B] operative care to another physician whom he trusts is called A. kangaroo practice in surgery C. hospital based practice B. rodeo circuiting practice D. none of the above 7 An internist treated a patient for bacterial colitis but later referred to patient [El] to a surgeon who performed an appendectomy inepite of the request of the patient that the internist perform the surgery himself. The internist is A guilty of breach of legal duty C. guilty of abandonment B. not liable for his failure to operate D. guilty of breach of contract 8 Which of the following statements is NOT valid? [D] A Simple hypodermic injections may be delegated by a physician to a nurse. B. A nurse-anesthetist may be ordered to apply anesthesia on a patent in the course of an operative procedure. C. A patient may refuse to have a physiciaWs service delegated to someone else. D. A ward nurse may be ordered to do a lumbar puncture in the absence of a physician. 9 Wrth regards to orders of physicians ven over the telephone, vtnch statement is VAIJD? (C] A A nurse may Implement e phyidans order given by telephone even if she entertalne doubts as to its appropriateness because the physician so ordered. B A doctor may order a prohibited drug over the telephone In the case is an emergency. C. The practice of physicians of giving telephone orders should be discouraged and be allowed only in cases of emergency. D. A physidian may prescribe or order the pharmacy ti receive a prescription for patient over the telephone.
Medical Jspudnce DeIegaion of Ptiycan Duty 107 [Dl 10 An old patient was confined in a private ospitai and employed a special duty nurse becausehe was cautioned by his attenctirig physician not to leave his bed unassisted, One night, the special nurse went o eat supper without gettin g a reieer so that the patient attempted to procure the bedpan artd in so doing slipped on the foor and sustained a ftacture. Who is liable for th njtry? A. physician B. patient . C. hosptal D. special nurse [D] 11 Delegation of duties by a physician is NOT valid under whch of the fcowing situations? A. when proper instructions are given in ielaton to the job B. when delegated to someone competentfor the job C.. wIth the approval of the patient or relatives D.. when the physician-patient contract signified personal services to the patient P1 12 A surgeon had an agreement with a patient to perform a surgery but played only a minor role in the operaton as surgery was done by another surgeon. He may be held liable for A: kangaroo practice . . C. criminaliy liable for physical injury B. negligence D. breach df contract [B] 13. A forty-year old patient wrtl vaginal bleeding went to an olstetrician, D & C was performed after laboratory tests inciuding blood sugar was requested. A day after the operation, the results of blood sugar was high so the obstetrician referred the patent to an internist The obstetiician left for another province inspite of the patients refusal for her to leave The patent died of acidoss and ketizsis, The obstetncian is guilty of A. not guty B. brech.of legal duty . C. abandonment D. breach of contract [Al 14 Which of the fodowing statements is NOT valid? . generally the attending physician is legally responsible for the act of the specialist he
calls in to assist hin in the manageme(itof the patient B. the attending physician should exercise due care in the selection of consultants otherwise he may be held liable for the wrongful act of the consultant despite the fact that the latter actedas an independent contractor. C it is the ethical duty of the attending physician to solicit the services of another ph.ysician when he encounters difcutty in diagnosing or treating a case. D. the attending physician may be made joiny liabl with the consultant if he partici pated with the consultant in rnakihg the diagnosis, and, actual treatment of a patient [CI 15 In difficult and serious cases the attending physician should always request and ask consultations. Which a statement is NOT correct? A the attending physcian should select a physician with special training and experience in a particular tine , . . . B. only expenenc piysicians, senior to the attending physician in a particular line of medicine, should be selected C. consultant may take further charge of a case referred to him even wit hout the consent of the attending physician . D. in an emrgncy ridthe attending physician is not available, the consultant should attend to the case Unti the arrtval of the former (CI 16 Regarding non-referral Of a patent toa specialist, which stateme nt is NOT correct? A. only senior, experienced physicians with special training should be selected by the attending physician as consultants B. should be referred to physician B if physician A knows that the case is beyond his ability, krjowedge and ca pacity,to treat. C. if patient nt resposve to treatment, it infers legal duty of attencing physician to refer patent to another . . 0. if patienra condition can be property solved by the attCndin physician, he is not obliged to refer the case to a specialist :A] 17 , In serious cases difficult to treat, a physician must (choose the best answer) A. inform the patieit and family and seek C. ca for a cdnuttation with colieagues the assistance of colleagues in consulta tion D. refer to another physician 8. withdraw from the cae D] 18 Wher an attending hysiian .becmes l and cannot attend to his patient, which of the following statements is NOT appicabW? A He may allow the patient to chose anther physician as his substitute. B. He may recommend a competent substitute to taKe his place. C. He is obliged to give notice of his inability. 0. A substitute desired by the patient relieves the attending physician of any liability for the acof the substitutephysici an.
108 Transp(antatlon FscUIIfy Coirf,I Uedkal Judspdce 19 Physcan A performed a closed reduction on the fractured femur of hs patient [CI and aesigned physician B to piece traction on the pabenrs leg which dId not heal properly as the weight of the traction was inwlQent Physic.an A vtsited the patient for four days before he went of a vacation. Who can be held ab1e? A physician B C. both phys4cian A and B. physician A D. the hospital 19 Which of the follolng statements is NOT valid? A physician can vatidly delegate his duty tCI to other persons provided the following requirements are satisfied.
A. The person to whom such duty is delegated must be competent to perform audi duty. B. A physc4an who delegates some of hs duties to las patient must see to it that the proper, adequate and sufficient instrjctons are gWen to the person toperform such duties. C. The patient need not consent to such delegation of duty. . Such duty of the physician can velidy be delegated edn wiU depend on the circumstances of the case, nature of duty to whom the duty is to be delivered. 20 When a patient is referred to a consultant, the foowng is NOT vad: A if an emergency occurs and the attending physician is not available, the consultant shall attend to the case until the arral of the former. B. course of treatment outhned during consultation may be changed anytime by the attending physician being in-charge C. attending physician shouki give consultant d the necessary information relating to the case. D. when a consultation is over, the physician designated In-charge shaN care and treat the patient 21 A physician refers a patient to a specialist and receives a share in the fee ped by the patientto the specialist This is known as A simple contractual fee B. referral fee C. contingent fee D. fee apittirig 22 An attending physician asked his employed physician assistant to see his [C] patient while he was on another case, Which of the foowing statements is VALlEY? A. The assistant is not entitied to compensation. B, The patent is obged to pay for the professional fee of the assistant C. The attending physician is responsible for the assistants compensation. D. Patient and physician share in the assistant compensation. Human Transplantation & Fertility Control The following are the basic principles in human transplantation, EXCEPT: [C] A. human body tiles to reject transplanted tissues soon aer transplantation. B. human body regards transplanted tissues as foretgn bodies. C. the lesser the genetic difference between donor and recip4ent the more rapid and vigorous the rejection reaction 0. the probability of success depends on the type of tissue or organ and rapidity of its removal after cessation of circulation of the donor 2 Transplantation of tissue from one part of the body to another part of the body of [DJ the same person, ke skin grafting from an unburned area to the burned area of the same indMdual is caNed A xenograft B. aliograft C. isograft D. autograft 3 Which of the following organs may be transplanted even several hours after [A] removal from the donor as rejection is wtually non-existent? A. bone B. heart C. lIver 0. kidney 4 Based on the relation between the donor and recipient, under what classification [0] does &logreft belong? A. Tissues from one part of the body to another part of the body of the same person. B. Transplantation between genetically kientical persons. C. Transplantation between different species. 0. Transplantation between genetically non-identical member of the same species, 5 The following are requrramanta for a valId authorization to detach, after death, [C] human organs for medical, surgical and scientific pwpcmes, EXCEPT: A specdyorganorpwtofbodytobedetached
8. written authorization specif1ng pemori or institution granted pemtisaion C. a. copy of the suthodzstlon must be furnished the pco*tci fiscal 0. must be signed by the grantor and two disinterested persons
Medical Junspnidnce Thwspiarrtation Fertility Cornrol W9 (C] 8 Donation of orgari/lisues for tran planttion which will be removed from the dead body is provided by R.A. 1056. Which statement is vad? A. Any adult grantor may validly authorize to detach any time after his deat, any organ or parts of his body to be utrzed for scientific purpose, B. If the grantoris a minor, the authorization may be executed by his guardian with the approval of the court. C, After death of a person, the head of the ho5pital who has custody of the deceased, may qrnt authority to use any portion of the body, after exerting reasonable effqrts to locate the guardian or re1?tes. D The consent of the husband of a married wo.rran must be obtained. [C] 7 Which organ must be transplanted immedity after death to attain possible succera? A. bone B. blood vessels C. kidney 0. cornea [A] 8 Before death, who can grant permission to detach, after death, hurriari parts for sdentic purposes A. a married woman with the consent of the husband B. a miror may grant permission being his own body C. a married womanwithout the consent of the husband D. guardian of an incompetent minor [B] 9 The foflowing persons are permitted to detach organs, or parts of humans for medical, surgical or other scientific use, EXCEPT: A. medical or scientific institutions C. licensed phicians arcl surgeons B. commercial parties 0, knoin scientis [C] 10 One of the incentives ptovided bylawto encourage popleto subjectthemselves to surgical sterilization in order to decrease the rate of growth cf population is A. surgical stenliztion may be done in a hcstals free of charge B. anyone who submits to surgical sterilization is given tax exemption pnecjes C. surgical sterilization expenses are corripensable under Medicare D. person submitting to surgical srthzation will be given priority irt the allocation in the housing program 11 Which of the following instances s NOT a source of liability in surgical sterilization? A. A person voluntarily allowed the performance of tubal ligation because she had seven children all delivered by Cesarean section. Nine months after the ligatiOn she became pregnant and repeat section revealed one intact tube B. all ofthethree C. An 16-years old married maii who was suffering from myasthenia gravis underWent vasectomy because of his medical condition. Later, he said that as a minor he could not give consent for operation D. The wife of Juan filed a complaint against a surgeon who did a vasectomy in his office and riot In the hospital. Juan developed hernorthage and died. [0] 12 An obstetrician performed tubal ligation on a mother thth 3 live children. Subsequecitiy, th woman becfame pregnant a nd nave birth to normal baby. Which of the foowing statements is valid? A The obstetrician, is liable for neigence. C. lhe obstetrician is iable because surcal B. The obstetrician is liable for incom- steriliZation is prohibited by law. peterice 0. The obstetrician cannot be held liable. [B] 13 Which of the following statements is/are correct regarding eugenic sterillzatiori?
A. performed when pregnancy would caue serious hazards to the life and health of the female patient B. performed to preient the conception of children, who may inherit physical ormerital defects C. includes sterilization which are unavoidable in the treatment of the patient. like oophorectomy to prevent spread of breast ancer 0. done for the convenience of the couple without therapeutic justification [0] 14 According to tte opin ri of the Sedretary of Justice, vasectomy and tubal gation although they are intentionally done and results to deprival of a personS reproductive ojgsnis not mutilation bedause A. the organ of reproduction is riot vital to preservation bf the hfe of a person B. the operatoncldes hGt cause deformity or a condition of uginess C. sex potency in the operation is not destroyed but only a condition of sterility develops D. mutilation means clipprng of or Iop4ng off a part but in vasectomy arid tubal ligation the tubes are merely cut and ligated
110 PhysicIan As Witness in Court Afe4Jcal Ji.nce 15 Therapeutic sterizabon indud8s ster*zation which are merely incidental or [C] unavoidable in the treatment of the patient Which instance is NOT so? A. oophorectomy to prevent spread C. when pregnancies would present a serious of breast cancer hazard to the mental health at this patient B. orchidectomy in prostatic cancer D. vasectomies poor to prostatectomy 16 PD 79 provides as one of the objectives of the Population Commission, to make avaiI. able all acceptable methods of contraceptioj to limit pregnancy. Which is NOT acceptable? A. insertion of hiD B. s.ircal seriation C. contraceptive pilis D. abortion 17 A physician cannot guarantee complete success of sterilization by vasectomy or (0] tubal Ugatian because of which of the fotowing reasons? A the cut yes deferens may reanastomose C. presence of accessory yes deferene andbecomepatent 0. afloftheabove 8. potentiality of residual sperm in the seminal vesicle 18 According to RD. 79 (PopulatIon Commission Law), the Philippines adopts alt methods of ID] birth control, EXCEPT: A those that are against the teaching of the C. surgical sterilization Christian churches D. abortion B. those that are not natural and with body manpulatton 19 Which of the following statemen is NOT valId? (0] A Tubal ligation is included in the Philipne population control program. B. Tubal ligation performed in a Catholic hospital is not punishable under law. C. Tubal ligation does not completely guarantee pregnancy prevention. D. Tubal ligation is under the purAew of mutilation as defined in the revised perish code 20 Consent must be obtained before the application of contraceptive procedures. Which is [B] NOT correct? A expressed consent may be oral or written C. may be made expressly or impliedty B. consent of the other pouse is not legally D. must be an informed consent required and procedr.ire may be done even if the spouse refuses 21 Which of the toliowing contraceptive methods is classified as physiological? [DI A. aerosol foam tablet , progesterone releasing IIJD C. morning afte( pill 0. rhythm 22 A type of modified sexual intercourse used asa conti-aceptivmathod consietsof normal [C]
unprotected coitus upto the point of ejaculation when the man exerts pressure on his p rineum so asto cause the spermatozoa to be refiuxed to the bladder. This is A. coitus sexonicue B. coitus de rectum C. coitus reservatus 0. coitus interwptus 23 Modified sexual intercourse as contraceptive method, EXCEPT: [0] A. coitus interrupttts C. coitus rectalls B. douching-after intercourse 0. complete abstinence 24 After having realized the number of chdren a couple wanted, the wife requested verbally [B] the gyeecologist to perform on her a bilateral tubal ligation. Three years after the application of the surgical procedure, the wife became pregnant and gave birth to a normal child. The The gynecologist can be civilly charged for damage for A negligence in the operative procedure 8. breach of contract to sterilize C. gross misconduct or conduct unbecoming of a phyaician 0. criminafly for physical injuries on account of the operative procedure 25 WhichatatementiaVAuD? [8] A Abortion should never be performed under whatever circumstances. 8. Tuba[ligation for pregnency prevention is forbidden by the Catholic church. C. Vasectomy is prohibited rndec Phdlpplne law. D. The World Health Organation has banned the use of Depoprovera. Physician 4. lkdksl Witness and the Court 1 When cahleci upon bythejuddauthorlties, thefolIow4nQare duly boundtd assietin [01 the administration of Justic. on metem which em mcp4egal In character, EXCEPT: A. health workers. ,,,, C. ayneoloai.st B. physician eneipracrice ..:..oftheabove
MdicaI Jurisprudence Physician as k4tness in Court 111 ID) 2 It is the obhgabon of the peo to cornpy with court surnrrions to testify and assist in the administration of justice. Which is correct? A physician A. may be summoned to appear before the trial of a case and testify on mdttem needing technical medical knowledge. B. s not mntne to this obligation. C. may be required to tesUfy on medical matters before admintiabve bodie with quasi-judicial functions D. all of the above [B] 3 The following are formal written reports, EXCEPT: A ncropsy report C. medical examination report B. death certflcate D. none of the above (C) 4 Arraignment is, when A. the accused is being examined for his statement B. the premrnary investgation is conducted C. the accused makes his plea in court D. the cross examination is conducted by the lawyer of the other party [AJ 5 The first stage in the examination of a medil witness in court is the
A. preliminary examination C. cross examination B. direct examwiation ., . . D. physical examination [B) 6 A subpoena requiring a physician to appear in a tnal or hearing is a A. special subpoena C. subpoena duces tecum and testificandum B. subpoena d testificandum 0. subpoena duces tecum [C) 7 A valid subpoena should have the following requirements, EXCEPT: A should state the name of the court B. should state the title of the action or investigation C. should be signed by the secretary of the judge D. should be directed to the person required to attend tA) S A physician who deliberately refuses to obey a subpoena withcut justifiable reason may be held for A. indirect contempt . C. no iabthty in a civil case B. direct contempt 0, no liability because it is not yet under court jurisdiction [C] 9 How can a subpoena be served to a witness hiding ri h house? A. a court order is needed to serve it again B. wait tilLhe gets into the open and then serve the subpoena C. the shenff can break into their hou and sive the subpoena D.serveittothernard. , [D] 10 A physician who fails to com.pty wtth a suibpoena sent by the coi.rt Without any jusWlable reason may be guilty of A, direct contempt of the court Q. civ liabhty for damages B. criminal act by orliission . 0. indirect contemp of the court [A] 11 Asubpoenaissuedbthecourtofitsverynatureis A. an order commanding a person to appear before a court. B. a request for. a pro.n to appear before a. court. C an invitation to a pisn to appear before a cotr1 D. an appreciative dre of the court for the person mentioned to be present in tha juclcial proceeding. , , A] 12 Deliberate failure of a physician to appear in court when summoned is a ground for the suspension or revocation of his certificate of registration according to the irculrisued by the Professional Regulation Commission inasmuch as the act is A unprofessional or unethical conduct . C. serious disregard of the interest of justice. B. willful defiance of the interest of justice. 0. immoral or dishonorable cqduct [A] 13 The following are the rights of a rasp nden phsyician undergoing adminlstTative Investigation, EXCEt: . A. happ .ight to confront or to cross-exarriine wit esses against him B. to nipted from beig a witness against himietf. C. to be represented by counse4 or be heard in person D. to have a speedy and public hearing
14 A court order which requires a physician to produce before tha court the record of a patient [A] treated try him is known as A. subpoena duces tecum C. injunction B. subpoena testificandum C). mandamus 15 A physician may be presented in court as an ordinaiy or as an expert witness. He [A]
is only considered as an ordinary witness A when he is asked to inform the court of what he perceived in the course of the physical examination of the patient B. when he is asked to gtve onions based on a set of facts. C. when he is asked to answer outside of the issue in consideration of the court D. when he is asked questions regarding his personal qualifications as a witnesa 18 The minimum qualitlcat3on of an expert medical witness in court is IAI A a graduate of medicine duty authorized to practice mc<iic.ne in accordance with the laws of the country. B. a duty authotzed practitioner of meditha after a sufficient number of years of practice of the profession. C. a practitioner of the healing art and must be a spalist of any branch of medicine. 0. a practitioner of me&ine and must have been a specialist on the ne he is testifying. 17 The fouowing may qualify as an expect medical witnees, EXCEPT: AJ A a medial intern of an atNiated hospital B. a government physician in a hospital C a surgeon called upon to be an operator on a victim of vehicular accident 0. none of the above 18 When a medical witness is teetiting in court, he is considered an expert witness when tD] A he is asked of the different facts that he perceived in the course of his examination of the patient or dead body. B. he is asked which part of the human body was irivoMxl in the commission of the crime. C. he is asked of his previous experience arid training. D. he is asked to render his opinion on the set of facts presented to him, 19 The physician as an expert witness in a court litigation is obliged to [0] A act as a witness for his friend, the defendant C. act as a witness for the plaintiff B. act as a medical reference for everyone 0. act as a witness for the court 20 A physician who testifies in court on matters perAning to his findings on his patient in the [C] course of their physician-patient relationsNp is considered A amicus curiae C. an ordinary witness B. an officer of the court D. an expert medical witness 21 A physician was called to court to assist in the hearing of a case. His testimony was considered as A autoptic evidence B. expert evidence C. teatimont& evidence 0. associative evidence 22 The following are disqualitlcatlons for persons to become witnesses, EXCEPT: [B] A persons of sound mind EL persons who have been convicted of a cilme C. a husband against the wife or vice versa without consent of each party C). children who appear to the court to be of such tender age and incapable of bsing a witness 23 A medical witness in the witness stand who vehemently refuses to answer questions [A] propounded in court may be dedared guilty of A direct contempt C. criminal act by omission B. conduct unbecoming a medical withnesa 0. indirect contempt
24 For making a mockery and maligning the integrity of the judicial system, former President [A] Estradawibecitedith A direct contempt C. no liability in his case B. indirect contempt 0, none of the above 25 WhIch statement is NOT valid? [Ci A Any person duly licensed to precce medicine may serie as expert medical witness. B. An expect medical witness may ve an opinion even W he never saw the patiect C. The physician must be a specialist to quality as an expect medical witness. 0. A physician need not be a specialist to qualify an expect medical w4tnesa.
Medical Jurspnidence MdkaI Act 113 (8] 26 As a witness, in court, a physician may refuse to answer a question propounded to him if hs answer A. wiU not be relevant to the case at issue C. wifl antagonize the judge B. will be self-incrimatoy D. witl blacken the reputation of a friend [B] 27 The following persons are disquaMie from becoming a witness in court A persons convicted of a crime B. children who appear in court to be incapable of receiving correct impression of the facts C. persons who are erdent beevers of unusual religion 0. persons who are interested with theoutcome of the case [8) 28 The testimony of tti medical witness in court may be impeached under the following instances, EXCET: A. By contedicting testimonses of others of his own class. B. By shoving that the medical witness is interest.d in the outcome of the case. C. By his inconsistent testimony t other times. 0. By proofs that he has been not of good standing and repitaon in other cases. [Al 29 Ordinanly, information gathered by the physician from hss patent is privileged or confidential, however it may not be considered confidential and the ptsysician may disclose such information to others in any of the following situations, EXCEPT: A. such information i in connection with a cMI case 8. when such information has rio connection with the physician-patent relationship C. when the patient waives his right to the privileged or confidential nature of such information D. when public interest health and safely demands its dclcsure (B] 30 A medical witness may be allowed to refresh hi memory by looking at his note in the course of his testimony, however A such note may be confiscated from him upon order of the court. B. such writing must be produced and be inspected by the adverse party. C. referring to the note may be a ground for the impeachment of the medical witness. D. he may be subjected to improper and insulting word from the counsel of the adverse party (DI 31 Which statement is NOT valid regarding court procedures: A. testimony of witnesses shall be given orally in open court and under oath B. ,udge may exclude from the court on any trial, any witness not under exmsnation so he may not hear the testimony of other witnesses C. court may exclude the public from the court room if the evidence produceo will be
offensive to public morals D. defendant cannot request the court to exclude from trial every person except the officers of the court and the attorneys of both sides (C] 32 The court may exclude the public from the courtroom A. when tho accused is testifying and stating his guilt of the crime charged. B. when a witness is going to testify and impute a thrid party to have committed a crime. C. when the evidence to be produced in the trial is offensive to decency or public morals. 0. when the witness is maniacal and a potential danger to sxlety. [C) 33 A physician who performed an autopsy of a victim of gunshot was asked in court ae to the cause of death of the deceased. While answering the question, the physician is A. an ordinary witness C. an expert medical witness B. an ondnary anl also an expert witness D. all of the above Medical Act (A] I Students seeking admission to medical courses must comply with the admission requirements based on Sec. 7, Medical Act, 15959. The certificate of eligibility for entrance is obtained from A. Board of Medicine C. Board of Medical Education B. Head of schoI where he finished his C). Bureau of Higher Education Bachelors degree [C] 2 According to the Medical Act amended, the grounds for reprimand, suspension or revocation of registration certificate.whech are criminal acts are the following, EXCEPT: A Conviction by a cOurt of competent jurisdiction of any criminal offnst moral turpitude. B. Knowingly issuing any false medical certificate. C. Violation of the code of ethics as approved by the Philippme Medical Association. D. Performance of or aiding in any criminal abortion.
114 )Aadicai Ac 2 The following acts are not vtolatiorn3 of the Medical Act of 1959, EXCEPT: k Medical students who have completed the lust four years of medical ccurae who, on their own, renders medical erces during epidemics or national emorgencies. B. Medical Caeges who preachbe additional requirements for admson to a medical school other than those prcribed by the Medical Act of 1959. C The President appointrig to the Board of Medical Examinem a recommandee out&.rle the hat of recommeridees approved by the Philippine Medical Association. D. The Presdent appointing the Chairman of the Board of Medical Examirieie. 3 As provided in Sec. 24 of the Medical Act of 1959, as amended, one of the grounds for reprimand, suspension or revocation of registration certificate is conicon by a court of competent jurIsdkon, of any criminal offense invoMrig moral turpitude. What statement s NOT correct? A. even if the phycian pleaded guilty of the cnrne charged, ii the court has not made th judgment, the license to practice cannot be euspended/revoked B. it is nceesary that the crime committed was in connection with the practice of medicine C. a mere complaint filed cannot be a ground for revocation of license if the court hea not yet made its final adjudication 0, a physician convided of a crime and meted punkhment will not be a bar for the suspension of his right to practice medne
APPEN1X Exept from t1e G.rLc A.. cf 1988 Delnt)onm G*IIC d*s nslnq meana dhenslnj the p ent&by?s c)oia trn among gn1c aq*ver. La. kdaeed ph aeu&a1 pioducts havb the w ,ctveks*d1en, 5fl Jg Ethical drugs - thass &ugs can oy be apeed up a wttbn orter of a vlly r.stersd pialcIan dentiet or cllnarbrL Nrescrlpdcn or a -courllev QTC) chiijs Thea dn,gs may be d perscd a without a wttan order of a vadly4eg,ls*ared phykian, dertis.t or w4rki an duly Ucu*.ed drug o*fet& When &spenalng, OTC drugs w1iout a ctoa pros cron, the pharmacist atuV4 glv the necessary nl rmstion and dlrect3o for wrs -. M pta a%*lons d4pend In th dngatore ba&a or haspllal pharmacy shall be kept In tile for 2 aars and rscordd In a piesat*lon bool jls*.ared by IWAD wt$d shall be opsi for U spacten h and lsug kspactors at arty trne dung, tainoas loce of thsouda. Dangerous drugs rdsr t althar p rhlLltad drugs or reg,ulalsd dnigs which ror$irii a special p.-eecrtion form, ta U*a or which Is monitored hythe ruus Drugs Soan. 1. ProhU*ed drugs Include aptuni and Its acvn,oumrer*s and de ras. prIncl p&y cocaIne, alpha- and bstaucaIne, ckv,lc dnags such, as mesca(Ins, lysergic acid dkthy4ande (L*D), and other substances p duckg almllar dtct; tndisn leTp end its rivatives all prep.vatlona made don ac; all preparation nndr from snyGf the foregoIng; and other drugs, whether natural or synthetic, wali the psogic cfect of a narcotic drug,. 2. Flagulatad ugs Include sisap4ndudng sedatlvss such as secabertltal pnobsibital, barbital, amobarlitsi and other drugs whi ch ntaIn a sxit or detvatlve of a exit of bar ijrjC. acid; an salt, Isomer, of amphdaii1ne, such as b zeddne or Dexadrtie, or ary drug which prcxlucas a pha maco#OIC acdon almf4ar to amphetamine; and hypfxtk hs sucti as m aquaka. or any har compound producing similar p rmacolcgic efcts. UST O PROHI4T!O DftLKS: I1GULATW US Emwii mixture &bUmare Amytad anaila Pentctha1 Codeine sulfate apll.n Inj, enzethe GlacIm4 Pincld1 Demeroi Codevfte Syr. &tsol Mandmx FIsxonat Dolo-edamon Deka Syr. Cakkklna 4ambutsi chyphaJ Exit ParegorIc ndc4ua*In Syr. ClrcuUno Noctec SOcna1 hinovarbi4. amlnonSyr. Dewn$ VNoludM Soseon Morphine. Tusslonex y Dexerhhi* Nubarene Thiopentel V Pa a Ruies on scrIbing: - V I * Qeneric names shall be ud. (Generic name t th of drugs and doe by thek sclerrtIflcally and IntamsilonsUy re gnlaed actlve it edlenia or by theIr omclal name as datanhinad ly the Bwee of Food arid Drugs.) it Is In lufl1 k edIstaly after the fti annbcL V I brand name may be Indicated. It must be wrltte; enclosad In parenthe5te, iltten In full, Im.ed.1y altar the symbol. V V V . Only one drug shall be prescribed on one pretat*k2cl form. V 4. Other requirements of the lalrnecy Law MI p sc44inna murt contain nas of prescriber, offlce address, profesaidnal registration umber prutaselaoal ta receipt (PTR) manber pattents name, age, and sex; arid date of presczlpllon V r protilNI a&reguiated drug,s the pre 4.ber must have an 2 license; the epectal D preacrlp&n fom (yellow) must be used; and a racordlug system folkvwlng DOe redonsVn( be VV V V V Vlol?ie pmacrdon those where the Nflc name is not wrRte or a brand name Is.. ra Vi a. r nori lt aq4a-P - ,
Erroneous preecron b SndN ep tber*c nn.i g a name 1* the ora bi one p secr*lnra1orm.a J ic awanA scio14 IuWU .3l ii: ivvs aiuoo i- i*sV1lena bn 4-t$a Z nl eeao V .htk%
111 4twIhr mpouepeuoe gwtc narn w1ttei *e tat eI nc name dce t ceMmwona to btwd nine; *11 e*isI1C ana lrae3 names are nat - pOSUCt *5 K4 ncona 1or v$oat$ons on pesa1pion rWei, the Cay of 4eetth may recojmend tSe p1e a onI*nsbvs sanctSons by the Psotesa*ons* ReuLatJona CoaMlc1o. The aces not preci1e dflfelnaJ proceectngu provloeat fat V o4aUons c.f the Plnnlcy Law ena me Q atow Owe ct M*tma m Soei Le9GI MdIdw ?op*e.1 AutopUc (mgi) dence eidsnca we known to the etnees tt taste, sl a(thecowt. Testftnonlal evidence: testimony given orally under oath or affirnatton. Expeit evk$ence op4a4on of s sIdM w*tnss 4sdinJ a ruest at eclame, act or Assadw evidenca phy avdenc wNch thia to a ntpect at the rma (L fingerp*lnts, weepon, etc.) Tracing ev*dence: piyska4 edence which may seetat In kcathg the espect (e4. k,cd trail). hflcutk Faclea: Mongolan - atmond eyes, pale comp*e.idon pi %ent cheek bonee taonk*e *lon-4te eppeatance at (tie boa Myxeden* - pale face, edematous !weWfl W*Iks does ndtpdt on POi d (:o ure) is vetaf accwate a p4curoaqu desi4in of the person Identkl..L tactyioecopy at and study at recording geq,dnts as e means of frWlc.elon. PocescWf at41y of 11w 1x,ras found on the papllisr or fdctlon at the skin fat Idemlilcafto p%upoaes. laT tcdlea - part of nucleus at clis-which stain deeply when such cells c.m frnm a woman. Thts Is not ieen hi oatis tm males (used for sex ldeiiUflc.atior. Tests for bJcd: A. btvlcal: beiuJdInG, uk um(SchomtwlWa plothalein (asllcteyer), ialactite green. hen etifomogen Takayama), tiem1n cryt (teina, aceto ernln (Wgenhsar). l. gicaL precipkln. blood gr4lng (A, -O) -. Dltterenoa 13e%ween Male & lniahe ate Heavier Lighter Height grcu Haht lesser
PuI1c arch nano, Puelc arrii wider, ronnder Lesser dIameter Qraater dIameter lilac crest curves higher liLac crest curves ker Nanow greater VLat notch WIde greater sciatic notch . Eady of puti4s nanow Sody of pble wide Owsta.-focsnen egg..sheoed Olqratoi foremen tlar Scrum shod 1. narrow Sscsn long and w4de MastoId larger Mastoid eer Crn*um placed h dzantaUy restson Cranium Aaced horizontally rests on rnsatold ocdflel & nwhi-ry hcwc Is ehortr - - lyIo4d Is longer Foehead higher Superd*k.ry ddges less Zygcmatlc & frontal archie more - . oreheNi less - Spexc*1lary ddfer 1por Lee 3romlnnt rgomntc frontal promk rrches Jaw laiger and widef -. Jaw imalier end nanower OLradov3 of Death: -.-. - - -. - .- I Rigor mortl* - ssts f ho.anefter4wh, fuy d ope4 alter 12 sz. 2. P reortem livldt .. 4ei,eirqs t*oai after da 2. DecomposItion - oflee( hboca, 14-45 bQwstef destt 4. sge of emach food digestion. omaIy *s *fort1iestomaal in evacuate e contents. LSsWuI Wane knows 1ng Ilime and habit. -. 5. increase CSP laCtic acid, NPN and enilno add con ratIon ocewa 15 hcera ftl1w6ngdsath Cranium:

Practice of Medicine Medical Jurisprudence 67

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Practice of Medicine Medical Jurisprudence 67

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Practice of Medicine [A] 16

Practice of Medicine [B]

Physician-Patient Relationship [D] 19

Physician-Patient Relationship [A] D. fiduciary [A]

Medical Jurisprudence Rights of Physicians 1

Medical Jurisprudence [B] 10

Rights of Physicians [D]

Medical Jurisprudence [D] 27

D. straight fee or pakyaw

Rights of Patients [D] 49

Rights of Patience [D]

Rights of Patients [C] 20

Rights of Patients [B]

Rights of Patients [B] 39

Rights of Patients [D]

Liabilities of Physicians [C] 59

Liabilities of Physicians [B] D. both of these [B]

[D] C. neither of the two D. all of the two [D]

Liabilities of Physicians [A] 14

Liabilities of Physicians [A]

Liabilities of Physician [A]

Liabilities of Physicians [D] 62

Liabilities of Physicians [D]

Liabilities of Physicians [D] 74

Liabilities of Physicians [B] A.

Liabilities of Physicians [D] 96

Legal Doctrines in Malpractice [D]

Legal Doctrines in Malpractice [B] 12

Legal Doctrines in Malpractice [C]

Medical Malpractice [A] 35

Medical Malpractice [A]

Medical Malpractice [D] 14

Rights & Liabilities of Hospitals

Medical Jurisprudence [C]

Medical Jurisprudence [D] 2

Rights & Liabilities of Hospitals

Rights & Liabilities of Hospitals

Medical Jurisprudence [B]

the insane resides B. Director of Health 14

resides D. local social welfare agent [A]

Rights & Liabilities of Hospitals

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