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Legal Medicine

Samplex

Atty. Floresto P. Arizala, Jr. M.D.


San Beda College
College of Law

*Not yet proofread



LEGAL MEDICINE SAMPLEX

Part 1. Multiple Choice 8. This case served as an “eye opener” for the need
of DNA in this jurisdiction when it was mentioned
1. Liabilities resulting form post-transfusion
in the “obiter dictum.”
infection shall be reckoned with
A. Jao v. CA
A. Benefit-to-risk ratio
B. Tecson v. COMELEC, FPJ, et. al.
B. Assumption of risk
C. People v. Hubert Webb, et. al.
C. Informed consent doctrine
D. People v. Teehankee
D. Calculated risk doctrine

9. The National Standard is based on the following


2. A form of Malpractice Liability Insurance which
EXCEPT:
covers defense costs
A. Legislative enactments
A. Indemnity insurance
B. Hospital Policies and Procedures
B. Comprehensive
C. Case laws
C. Own damage
D. DOH Memoranda
D. Full coverage

10. Under the doctrine of Strict Liability, the following


3. Which of the following if FALSE in “abandonment”
precepts are observed EXCEPT:
of patient-physician relationship
A. Negligence or carefulness of the
A. Non-payment of hospital bill is not a defense
manufacturer is not an issue.
for abandonment
B. Compensation may be recovered from
B. There is unilateral termination of the
anyone in the distributive chain.
relationship by the physician
C. Warranty or product protection is not an
C. Abandonment shall lie even after the
issue.
relationship has been validly terminated
D. Preventive measures by the manufacturer
D. The injury suffered by the patient is a direct
will not operate as valid defenses.
result of such abandonment

11. Under this doctrine, the physician cannot be


4. In a matter of Informed Consent, the following
blamed where there medical procedure itself
statements are true EXCEPT
involves inherent hazards regardless of care
A. It is a process allowing a patient to have a fill
A. Best Results
view of the planned research.
B. Assumption of Risk
B. A document covering all the procedures may
C. Calculated Risk
be executed.
D. Informed Consent
C. The explanation is always done in lay
language avoiding medical jargons.
12. The application of therapeutic procedure or
D. Parents may validly give their consent to their
supportive devices ordinarily prescribed only to
minor wards.
much more serious conditions is called
A. Quantitative overtreatment
5. Which of the following constitutional issues are of
B. Qualitative overtreatment
least concern in DNA-related cases?
C. Liability prophylaxis
A. Right against self-incrimination
D. Defensive medicine
B. Presumption of innocence
C. Right to privacy
13. Which if the following statements about disposal
D. Due process
of dead bodies is FALSE?
A. In the “Resurrection Men” case, unclaimed
6. Which of the following is NOT a sign of a gunshot
bodies can be objects of theft.
NEAR FIRE?
B. Bodies of those judicially executed, if
A. Tattooing
unclaimed may be awarded to the first
B. Contusion collar
applicant medical institution.
C. Smudging or soot
C. Cremation may be done only to bodies which
D. Burns
are fully identified.
D. The administrator of a dead person has
7. The following cases were decided affirmatively as
superior rights over that of the spouse in the
to the admissibility of DNA in the Philippine courts
matter of body disposal.
EXCEPT:
A. People v. Vallejo
14. A positive answer to this “test” will result in
B. Habeas corpus re: De Villa
prosecution of the physician.
C. People v. Yatar
A. Natural and probable consequence
D. People v. Janson
B. Res ipsa loquitor
C. Admissibility of evidence
D. Reliability test

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15. Piggy Bank injuries are commonly observed in


vehicular accidents involving the 23. Incidence of DNA repetition (mismatch) is the
A. Driver Philippines
B. Back seat occupant A. 1 : 1.4 billion
C. Pedestrian B. 1 : 85,000
D. Front passenger C. 1 : 85 million
D. 1 : 850 million
16. Which of the following statements is FALSE?
A. Failure to counter a drug reaction is also a 24. When two or more “acceptable” schools of
negligent act. thought are available and a physician adopts the
B. Doctrine of “Caveat Emptor” is not a valid ones less taken by others, this Doctrine will be
defense in product liability. available to him in defense?
C. In “wrong baby” cases, parents may recover A. Calculated Risk
damages for unwounded feelings. B. Continuing Negligence
D. The five “rights” in administration of drugs C. Respectable Minority Rule
should always be observed. D. Clinical Innovation

17. Which one means deficiency in action or failure to 25. A medico-legal officer is NOT concerned with
take necessary precautions? which one of the following?
A. Imprudence A. Cause
B. Negligence B. Cure
C. Reckless imprudence C. Time
D. Simple negligence D. Lethality

18. The controlling doctrine in a Surgeon- 26. Which of the following tissue samples is a poor
Anesthesiologist set-up source of DNA?
A. Captain of the Ship A. Blood
B. Pilot-Co-pilot B. Urine
C. Ostensible Agent C. Bone marrow
D. Vicarious Liability D. Hair roots

19. The common denominator for all types of asphyxia 27. A mode of investigation where the suspects are
is separately interrogated.
A. Airways obstruction A. Mutt and Jeff
B. Tissue hypoxia B. Isolation Technique
C. Respiratory abnormality C. Split Pair
D. Low hemoglobin D. Intrigue Technique

20. Which of the following statements is FALSE? 28. Test for peripheral circulation where a ligature is
A. There are already legislations as to the tied around the base of a finer
admissibility of DNA in court. A. Icard’s Test
B. A contusion collar is present in either near or B. Magnus’ Test
distant fire. C. Diaphanous Test
C. In asphyxia by hanging, the ligature mark is D. Winslow’s Test
above the thyroid cartilage.
D. The end effect of defensive medicine is more 29. Form of death brought about by the impacts on of
expenses for the patient. foreign body in the respiratory passage
A. Choking
21. The main difference between asphyxia by hanging B. Mugging
and strangulation C. Yoking
A. Carotid compression D. Burking
B. Site of ligature mark in relation to the thyroid
cartilage 30. This doctrine protects the hospital from allowing
C. Mechanism of death outside experts to challenge the hospital
D. Blood profile standards.
A. Ostensible Agent
22. Which of the following post-mortem changes B. Fellow Servant
occur 3-6 hours after death? C. Practice Parameters and Guidelines
A. Rigor mortis D. Respectable Minority Rule
B. Livor mortis
C. Both
D. Neither

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LEGAL MEDICINE SAMPLEX

31. How far should a gravesite be locked from the 39. Which of the following advance directives
nearest water supply? executed by the “patient” will apply in the event
A. 10 meters that he arrives at a point of irreversible brain
B. 25 meters death?
C. 20 meters A. Do not resuscitate
D. 50 meters B. Durable power of attorney
C. Living will
32. Gastric emptying time for solids D. Health proxies
A. 1 hour
B. 3 hours 40. The “Golden Period” for recovery of sperm in rape
C. 2 hours cases
D. 4 hours A. 12 hours
B. 72 hours
33. In starvation without food but with water, one C. 24 hours
usually dies in D. 48 hours
A. 2 weeks
B. 2 months 41. Which of the following doctrines does NOT require
C. 1 month a medico-legal expert in court?
D. 1 week A. Doctrine fo Proximate Cause
B. Vicarious Liability
34. Which of the following is not included in the C. Res Ipsa Loquitor Doctrine
criteria for “brain death”? D. Doctrine of Contributory Fault
A. Absence of reflexes
B. Flat encephalogram 42. The “Privileged Communication” arises from
C. No peripheral circulation which nature of the Patient-Physician
D. Constricted pupils Relationship?
A. Consensual nature
35. The phenomenon that explains why drowned B. Fiduciary nature
victims are fished out still grasping some weeds C. Non-abandonment
and stones in their hands. D. Active-passive nature
A. Post-mortem suggilation
B. Cadaveric spasm 43. Which of the following rights of patients is
C. Primary flaccidity available even to charity patients?
D. Rigor mortis A. To refuse laboratory examination
B. To religious beliefs
36. In rape, the most common site of hymenal C. To choose physician
laceration is at the area of D. To refuse medical research
A. 12 o’clock
B. 6 o’clock 44. The “Rights of Patients” is originally enshrined in
C. 3 o’clock A. Medical Act of 1959
D. 9 o’clock B. Geneva Medical Convention
C. Lisbon Declaration, Portugal
37. Rape of carnal knowledge with female less than 12 D. Declaration of Human Rights
years old
A. Cradle snatching 45. Test for presence of respiration where a water-
B. Child abuse filled saucer is placed on the chest and observed
C. Seduction of minor for ripples
D. Statutory rape A. Winslow’s Test
B. Diaphanous Test
38. Branch of ballistics that deals with what happens C. Icard’s Test
inside the body of the target. D. Magnus’ Test
A. Internal ballistics
B. External ballistics
C. Terminal ballistics
D. Recovery ballistics

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Complete the statement

46. Before the Doctrine of Contributory Fault is 51. As laid down in the case of
utilized in defense, it should always be first _________________________, a woman in her deep
directly related with the Doctrine of sleep is considered unconscious.

_________________________.
 


 [People v. Conde]
[Proximate Cause]
52. As laid down in the case of State v. Lung, the use of
47. DNA must be accorded evidentiary weight in local _________________________ does not make physical
courts on account of _________________________ access as that resulting from victim’s deprival of
value.
 reason.


 

[Collateral] [Cantharides]

48. The phrase “pro hav vice” and the theory of 53. The _________________________ Rule is utilized as a
“genital disproportion” were introduced in the yardstick by comparing with what other doctors in
case of ________________________.
 the locality would have done if given the same

 patient and situation.

[People v. Iriña] 

[Locality]
49. Respondeat superior, imputed negligence and
command responsibility doctrines are collectivity 54. Under the _________________________ Doctrine,
knowns as_________________________.
 doctors are encouraged to help patients and not to

 hold back simply for fear of litigious reprisals.

[ 

[Good Samaritan]
50. “Full many a gem of purest ray sense, the dark
unfathomed caves the ocean bear, full many a 55. “Let not ambition mock their useful toil, their
_________________________ is born to blush unseen homely joys and destiny obscure, nor grandeur
and lost its sweetness in the dessert air!”
 scorn with a disdainful smile, the short and simple

 annals of the _________________________.”

[flower] 

[Poor]


---- X O X O ----

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LEGAL MEDICINE SAMPLEX

Part 1.
7. Which of the following is NOT an index of “brain
1. Which of the following statements is FALSE?
death”?
A. Under the “Sweetheart Theory,” subsequent
A. Absence of deep reflexes
submission of the victim will not cure the
B. Pupils constricted and unresponsive to light
crime if the initial act was against her will.
stimulus
B. The new Anti-Rape Law opens the avenue for
C. Flat electroencephalogram
charges of rape against breach of promise to
D. Absence of heart and lung activity
marry.
C. Jurisprudence on the use of “cantharides”
8. The main distinction between LEGAL death as
or sex stimulant maintains that such drug
against MEDICAL death
actually renders a victim helpless and
A. Legal death is a precise event while medical
deprived of reason.
death is continuous.
D. Marital rape can now be committed by the
B. Legal coma means that the patient is still
husband even during the subsistence of
alive.
marriage.
C. Medical coma means that the patient is still
alive.
2. Which of the following cases favored acts of
D. Legal death has civil effects while medical
lasciviousness over rape?
death has none.
A. People v. Conde
B. People v. Campuhan
9. The gas commonly employed in execution by gas
C. People v. Aldana
chamber:
D. Silvano v. CA
A. Carbon monoxide
B. Carbon dioxide
3. Finding in a stab wound that makes it possible to
C. Hydrocyanic gas
determine the knife’s length
D. Sulfur gas
A. Hesitation cut
B. Length of the stab wound
10. Mode of euthanasia where victim is deprived of
C. Defense wounds
food and medicine
D. Hilt mark
A. Active euthanasia
B. Orthothanasia
4. A polygraph result has the following effect upon
C. Passive euthanasia
the regular courts
D. Justified euthanasia
A. Admissible-conducive
B. Inadmissible-persuasive
11. Which of the following findings is not consistent
C. “Res gestae” effect
with Suicidal Cut-Throat?
D. Admissible-persuasive
A. Hesitation cuts
B. Empty stomach
5. Which of the following facts respecting changes
C. Suicide note
after death is UNTRUE?
D. Defense wounds
A. Cadaveric spasm may occur simultaneously
with muscle death struggle.
12. Type of asphyxia where killing is done by one guy
B. Diffusion lividity after 12 hours will maintain
sitting on the victim’s chest and another guy
its position even if the body is moved from
covering the nose and the mouth.
one place to another.
A. Overlaying
C. Algor mortis is not exactly a phenomenon in
B. Burking
tropical countries.
C. Smothering
D. Obese cadavers will decompose faster than
D. Choking
skinny ones.

13. Which of the following circumstances is NOT a


6. This deception-detection devise measures the
brand new amendment to rape?
“time” of your response.
A. Force or intimidation
A. Polygraph or lie detector
B. Grave abuse of authority
B. Psychological stress evalua
C. Sexual assault
C. Word association machine
D. Fraudulent machination
D. Cestalt device

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14. Which of the following advance directives 20. This deception-detection devise measures the
executed by the “patient” will apply in the event “time” of your response.
that he arrives at a point of irreversible brain A. Polygraph or lie detector
death? B. Psychological stress evalua
A. Do not resuscitate C. Word association machine
B. Durable power of attorney D. Cestalt device
C. Living will
D. Health proxies 21. Which of the following is NOT an index of “brain
death”?
15. Which of the following statements is FALSE? A. Absence of deep reflexes
A. Under the “Sweetheart Theory,” subsequent B. Pupils constricted and unresponsive to light
submission of the victim will not cure the stimulus
crime if the initial act was against her will. C. Flat electroencephalogram
B. The new Anti-Rape Law opens the avenue for D. Absence of heart and lung activity
charges of rape against breach of promise to
marry. 22. The main distinction between LEGAL death as
C. Jurisprudence on the use of “cantharides” against MEDICAL death
or sex stimulant maintains that such drug A. Legal death is a precise event while medical
actually renders a victim helpless and death is continuous.
deprived of reason. B. Legal coma means that the patient is still
D. Marital rape can now be committed by the alive.
husband even during the subsistence of C. Medical coma means that the patient is still
marriage. alive.
D. Legal death has civil effects while medical
16. Which of the following cases favored acts of death has none.
lasciviousness over rape?
A. People v. Conde 23. The gas commonly employed in execution by gas
B. People v. Campuhan chamber:
C. People v. Aldana A. Carbon monoxide
D. Silvano v. CA B. Carbon dioxide
C. Hydrocyanic gas
17. Finding in a stab wound that makes it possible to D. Sulfur gas
determine the knife’s length
A. Hesitation cut 24. Mode of euthanasia where victim is deprived of
B. Length of the stab wound food and medicine
C. Defense wounds A. Active euthanasia
D. Hilt mark B. Orthothanasia
C. Passive euthanasia
18. A polygraph result has the following effect upon D. Justified euthanasia
the regular courts
A. Admissible-conducive 25. Which of the following findings is not consistent
B. Inadmissible-persuasive with Suicidal Cut-Throat?
C. “Res gestae” effect A. Hesitation cuts
D. Admissible-persuasive B. Empty stomach
C. Suicide note
19. Which of the following facts respecting changes D. Defense wounds
after death is UNTRUE?
A. Cadaveric spasm may occur simultaneously 26. Type of asphyxia where killing is done by one guy
with muscle death struggle. sitting on the victim’s chest and another guy
B. Diffusion lividity after 12 hours will maintain covering the nose and the mouth.
its position even if the body is moved from A. Overlaying
one place to another. B. Burking
C. Algor mortis is not exactly a phenomenon in C. Smothering
tropical countries. D. Choking
D. Obese cadavers will decompose faster than
skinny ones. 27. Which of the following circumstances is NOT a
brand new amendment to rape?
A. Force or intimidation
B. Grave abuse of authority
C. Sexual assault
D. Fraudulent machination

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28. Which of the following advance directives 35. Which of the following is NOT part of the “triad of
executed by the “patient” will apply in the event virginity”?
that he arrives at a point of irreversible brain A. Tight vagina walls
death? B. Intact hymen with small orifice
A. Do not resuscitate C. Prominent rugosities
B. Durable power of attorney D. Tense fourchette
C. Living will
D. Health proxies 36. Type of injury/ies resulting from an elevator fall
A. Contre coup
29. Under the doctrine of Strict Liability, the following B. Coup-contre-coup
precepts are observed EXCEPT: C. Locus minons resistencia
A. Negligence or carefulness of the D. Apparent
manufacturer is not an issue.
B. Compensation may be recovered from 37. In drowning, death is ushered by which of the
anyone in the distributive chain. following?
C. Warranty or product protection is not an A. Period of apnea
issue. B. Emphysema aquosum
D. Preventive measures by the manufacturer C. Respiracion de surprise
will not operate as valid defenses. D. Champiogn d’ocume

30. Whenever a malpractice case s filed utilizing this 38. Most common drug employed as “truth serum.”
Doctrine, it is always supported by the doctrine of A. Sodium pentothal
proximate cause B. Hysocine hydrobromide
A. Continuing negligence C. Pavulon
B. Contributory fault D. Sodium Amytal
C. Res ipsa loquitor
D. Last clear chance 39. Instrument secured form the courts in the
absence of a living will.
31. Under this doctrine, the physician cannot be A. Declaration of legitimacy
blamed where there medical procedure itself B. Decree of presumptive donation
involves inherent hazards regardless of care C. Surrogate power of attorney
A. Best Results D. Administratorship
B. Assumption of Risk
C. Calculated Risk 40. A fetus with an intra-uterine life of less than seven
D. Informed Consent months is deemed NOT borne if it dies within
A. 1 hour
32. When two or more “acceptable” schools of B. 24 hours
thought are available and a physician adopts the C. 12 hours
ones less taken by others, this Doctrine will be D. 18 hours
available to him in defense?
A. Calculated Risk 41. The first sex transplant was performed on
B. Continuing Negligence A. Hans Christian Anderson
C. Respectable Minority Rule B. Christian Jorgensen
D. Clinical Innovation C. Christian Barnard
D. Christian Bautista
33. In this case, the use of tongue upon the genital
constitutes object rape.
A. People v. Blance
B. Silvano v. CA
C. People v. Aldana
D. People v. Jalosjos

34. Mere touching of the labia minora is not enough.


Clearly it must be shown that there was an
“animus” to penetrate. This is enshrined in the
case of
A. People v. Blance
B. Silvano v. CA
C. People v. Aldana
D. People v. Campuhan

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LEGAL MEDICINE SAMPLEX

Forensic Medicine
2008

Part 1. Multiple Choice
7. Which of the following will help in determining the
1. Which of the following if FALSE in “abandonment”
length of a knife?
of patient-physician relationship
A. Trajectory
A. Non-payment of hospital bill is not a defense
B. Hilt mark
for abandonment
C. Relative position
B. There is unilateral termination of the
D. Defense wounds
relationship by the physician
C. Abandonment shall lie even after the
8. The National Standard is based on the following
relationship has been validly terminated
EXCEPT:
D. The injury suffered by the patient is a direct
A. Legislative enactments
result of such abandonment
B. Hospital Policies and Procedures
C. Case laws
2. A form of Malpractice Liability Insurance which
D. DOH Memoranda
covers defense costs
A. Indemnity insurance
9. Under the doctrine of Strict Liability, the following
B. Comprehensive
precepts are observed EXCEPT:
C. Own damage
A. Negligence or carefulness of the
D. Full coverage
manufacturer is not an issue.
B. Compensation may be recovered from
3. In a matter of Informed Consent, the following
anyone in the distributive chain.
statements are true EXCEPT
C. Warranty or product protection is not an
A. It is a process allowing a patient to have a fill
issue.
view of the planned research.
D. Preventive measures by the manufacturer
B. A document covering all the procedures may
will not operate as valid defenses.
be executed.
C. The explanation is always done in lay
10. Under this doctrine, the physician cannot be
language avoiding medical jargons.
blamed where there medical procedure itself
D. Parents may validly give their consent to their
involves inherent hazards regardless of care
minor wards.
A. Best Results
B. Assumption of Risk
4. Which of the following is NOT a sign of a gunshot
C. Calculated Risk
NEAR FIRE?
D. Informed Consent
A. Tattooing
B. Contusion collar
11. The application of therapeutic procedure or
C. Smudging or soot
supportive devices ordinarily prescribed only to
D. Burns
much more serious conditions is called
A. Quantitative overtreatment
5. Which of the following constitutional issues are of
B. Qualitative overtreatment
least concern in DNA-related cases?
C. Liability prophylaxis
A. Right against self-incrimination
D. Defensive medicine
B. Presumption of innocence
C. Right to privacy
12. [none]
D. Due process

13. A positive answer to this “test” will result in


6. Liabilities resulting form post-transfusion
prosecution of the physician.
infection shall be reckoned with
A. Natural and probable consequence
A. Benefit-to-risk ratio
B. Res ipsa loquitor
B. Assumption of risk
C. Admissibility of evidence
C. Informed consent doctrine
D. Reliability test
D. Calculated risk doctrine

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14. Which of the following statements is FALSE?


A. Failure to counter a drug reaction is also a
negligent act.
B. Doctrine of “Caveat Emptor” is not a valid
defense in product liability.
C. In “wrong baby” cases, parents may recover
damages for unwounded feelings.
D. The five “rights” in administration of drugs
should always be observed.

15. Which one means deficiency in action or failure to


take necessary precautions?
A. Imprudence
B. Negligence
C. Reckless imprudence
D. Simple negligence

16. The controlling doctrine in a Surgeon-


Anesthesiologist set-up
A. Captain of the Ship
B. Pilot-Co-pilot
C. Ostensible Agent
D. Vicarious Liability

17. When two or more “acceptable” schools of


thought are available and a physician adopts the
ones less taken by others, this Doctrine will be
available to him in defense?
A. Calculated Risk
B. Continuing Negligence
C. Respectable Minority Rule
D. Clinical Innovation

18. This doctrine protects the hospital from allowing


outside experts to challenge the hospital
standards.
A. Ostensible Agent
B. Fellow Servant
C. Practice Parameters and Guidelines
D. Respectable Minority Rule

19. Which of the following doctrines does NOT require


a medico-legal expert in court?
A. Doctrine of proximate cause
B. Vicarious liability doctrine
C. Res ipsa loquitor doctrine
D. Doctrine of contributory fault

20. The “Privileged Communication” arises from


which nature of the Patient-Physician
Relationship?
A. Consensual nature
B. Fiduciary nature
C. Non-abandonment
D. Active-passive nature

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Legal Medicine
Lyceum – Summer 2006

Part 1. Multiple Choice
7. Which of the following is NOT an index of “brain
1. Which of the following statements is FALSE?
death”?
A. Under the “Sweetheart Theory,” subsequent
A. Absence of deep reflexes
submission of the victim will not cure the
B. Pupils constricted and unresponsive to light
crime if the initial act was against her will.
stimulus
B. The new Anti-Rape Law opens the avenue for
C. Flat electroencephalogram
charges of rape against breach of promise to
D. Absence of heart and lung activity
marry.
C. Jurisprudence on the use of “cantharides”
8. The main distinction between LEGAL death as
or sex stimulant maintains that such drug
against MEDICAL death
actually renders a victim helpless and
A. Legal death is a precise event while medical
deprived of reason.
death is continuous.
D. Marital rape can now be committed by the
B. Legal coma means that the patient is still
husband even during the subsistence of
alive.
marriage.
C. Medical coma means that the patient is still
alive.
2. Which of the following cases favored acts of
D. Legal death has civil effects while medical
lasciviousness over rape?
death has none.
A. People v. Conde
B. People v. Campuhan
9. The gas commonly employed in execution by gas
C. People v. Aldana
chamber:
D. Silvano v. CA
A. Carbon monoxide
B. Carbon dioxide
3. Finding in a stab wound that makes it possible to
C. Hydrocyanic gas
determine the knife’s length
D. Sulfur gas
A. Hesitation cut
B. Length of the stab wound
10. Mode of euthanasia where victim is deprived of
C. Defense wounds
food and medicine
D. Hilt mark
A. Active euthanasia
B. Orthothanasia
4. A polygraph result has the following effect upon
C. Passive euthanasia
the regular courts
D. Justified euthanasia
A. Admissible-conducive
B. Inadmissible-persuasive
11. Which of the following findings is not consistent
C. “res gestae” effect
with Suicidal Cut-Throat?
D. Admissible-persuasive
A. Hesitation cuts
B. Empty stomach
5. Which of the following facts respecting changes
C. Suicide note
after death is UNTRUE?
D. Defense wounds
A. Cadaveric spasm may occur simultaneously
with muscle death struggle.
12. Type of asphyxia where killing is done by one guy
B. Diffusion lividity after 12 hours will maintain
sitting on the victim’s chest and another guy
its position even if the body is moved from
covering the nose and the mouth.
one place to another.
A. Overlaying
C. Algor mortis is not exactly a phenomenon in
B. Burking
tropical countries.
C. Smothering
D. Obese cadavers will decompose faster than
D. Choking
skinny ones.

13. Which of the following circumstances is NOT a


6. This deception-detection devise measures the
brand new amendment to rape?
“time” of your response.
A. Force or intimidation
A. Polygraph or lie detector
B. Grave abuse of authority
B. Psychological stress evalua
C. Sexual assault
C. Word association machine
D. Fraudulent machination
D. Cestalt device

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14. The application of therapeutic procedure or 21. The National Standard is based on the following
supportive devices ordinarily prescribed only to EXCEPT:
much more serious conditions is called A. Legislative enactments
A. Quantitative overtreatment B. Hospital Policies and Procedures
B. Qualitative overtreatment C. Case laws
C. Liability prophylaxis D. DOH Memoranda
D. Defensive medicine
22. Which of the following statements is FALSE?
15. Which of the following statements if FALSE? A. Failure to counter a drug reaction is also a
A. The laws of malpractice do not vary in its negligent act.
applicability to all ages. B. Doctrine of “Caveat Emptor” is not a valid
B. The issue of authority shall only apply to defense in product liability.
pediatric patients. C. In “wrong baby” cases, parents may recover
C. The Malpractice Law shall ultimately redound damages for unwounded feelings.
to less benefits to patients. D. The five “rights” in administration of drugs
D. There is enough law to prosecute erring should always be observed.
physicians.
23. When a physician refuses to perform hazardous
16. Which of the following advance directives procedures, it is a form of
executed by the “patient” will apply in the event A. Overtreatment
that he arrives at a point of irreversible brain B. Qualitative Defense
death? C. Quantitative Defense
A. Do not resuscitate D. Negative Defense
B. Durable power of attorney
C. Living will 24. Which of the following if FALSE in “abandonment”
D. Health proxies of patient-physician relationship
A. Non-payment of hospital bill is not a defense
17. A positive answer to this “test” will result in for abandonment
prosecution of the physician. B. There is unilateral termination of the
A. Natural and probable consequence relationship by the physician
B. Res ipsa loquitor C. Abandonment shall lie even after the
C. Admissibility of evidence relationship has been validly terminated
D. Reliability test D. The injury suffered by the patient is a direct
result of such abandonment
18. In a matter of Informed Consent, the following
statements are true EXCEPT 25. Under the doctrine of Strict Liability, the following
A. It is a process allowing a patient to have a fill precepts are observed EXCEPT:
view of the planned research. A. Negligence or carefulness of the
B. A document covering all the procedures may manufacturer is not an issue.
be executed. B. Compensation may be recovered from
C. The explanation is always done in lay anyone in the distributive chain.
language avoiding medical jargons. C. Warranty or product protection is not an
D. Parents may validly give their consent to issue.
their minor wards. D. Preventive measures by the manufacturer
will not operate as valid defenses.
19. Which one means deficiency in action or failure to
take necessary precautions? 26. Whenever a malpractice case s filed utilizing this
A. Imprudence Doctrine, it is always supported by the doctrine of
B. Negligence proximate cause
C. Reckless imprudence A. Continuing negligence
D. Simple negligence B. Contributory fault
C. Res ipsa loquitor
20. Liabilities resulting form post-transfusion D. Last clear chance
infection shall be reckoned with
A. Benefit-to-risk ratio 27. Under this doctrine, the physician cannot be
B. Assumption of risk blamed where there medical procedure itself
C. Informed consent doctrine involves inherent hazards regardless of care
D. Ewanco Doctrine A. Best Results
B. Assumption of Risk
C. Calculated Risk
D. Informed Consent

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28. When two or more “acceptable” schools of 35. Which of the following is NOT a sign of a gunshot
thought are available and a physician adopts the NEAR FIRE?
ones less taken by others, this Doctrine will be A. Tattooing
available to him in defense? B. Contusion collar
A. Calculated Risk C. Smudging or soot
B. Continuing Negligence D. Burns
C. Respectable Minority Rule
D. Clinical Innovation 36. Incidence of DNA repetition (mismatch) is the
Philippines
29. In this case, the use of tongue upon the genital A. 1 : 1.4 billion
constitutes object rape. B. 1 : 85,000
A. People v. Blance C. 1 : 85 million
B. Silvano v. CA D. 1 : 850 million
C. People v. Aldana
D. People v. Jalosjos 37. Which of the following tissue samples is a poor
source of DNA?
30. Mere touching of the labia minora is not enough. A. Blood
Clearly it must be shown that there was an B. Urine
“animus” to penetrate. This is enshrined in the C. Hair
case of D. Saliva
A. People v. Blance
B. Silvano v. CA 38. Which of the following is NOT part of the “triad of
C. People v. Aldana virginity”?
D. People v. Campuhan A. Tight vagina walls
B. Intact hymen with small orifice
31. “A woman in her deep sleep is unconscious,” says C. Prominent rugosities
who? D. Tense fourchette
A. People v. Conde
B. Silvano v. CA 39. This “thing” comes out of the muzzle of a gun.
C. People v. Aldana A. Flame
D. People v. Campuhan B. Slug
C. Burning powder
32. The controlling doctrine in a Surgeon- D. Unburned powder [?]
Anesthesiologist set-up
A. Captain of the Ship 40. Type of injury/ies resulting from an elevator fall
B. Pilot-Co-pilot A. Contre coup
C. Ostensible Agent B. Coup-contre-coup
D. Vicarious Liability C. Locus minons resistencia
D. Apparent
33. This doctrine protects the hospital from allowing
outside experts to challenge the hospital 41. In drowning, death is ushered by which of the
standards. following?
A. Ostensible Agent A. Period of apnea
B. Fellow Servant B. Emphysema aquosum
C. Practice Parameters and Guidelines C. Respiracion de surprise
D. Respectable Minority Rule D. Champiogn d’ocume

34. The following are true under the Doctrine of “Res 42. Most common drug employed as “truth serum.”
Ipsa Loquitor” EXCEPT A. Sodium pentothal
A. No expert testimony is required because the B. Hysocine hydrobromide
thing itself is the proof. C. Pavulon
B. It is also knowns as the Common Knowledge D. Sodium Amytal
Doctrine.
C. It may be coupled with another doctrine to 43. Instrument secured form the courts in the
insure success in the litigation. absence of a living will.
D. The cause must be within the exclusive A. Declaration of legitimacy
control of the defendant. B. Decree of presumptive donation
C. Surrogate power of attorney
D. Administratorship

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44. A fetus with an intra-uterine life of less than seven


months is deemed NOT borne if it dies within
A. 1 hour
B. 24 hours
C. 12 hours
D. 18 hours

45. (Bonus, if you get it) The first sex transplant was
performed on
A. Hans Christian Anderson
B. Christian Jorgensen
C. Christian Barnard
D. Christian Bautista


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Legal Medicine
San Beda College – 2003

Part 1. Multiple Choice
1. Which of the following is FALSE?
8. The controlling doctrine in a Surgeon-
A. Rape may now be prosecuted
Anesthesiologist set-up
notwithstanding the victim’s withdrawal.
A. Captain of the Ship
B. The State may proceed on its own initiative in
B. Pilot-Co-pilot
prosecuting rape.
C. Ostensible Agent
C. Subsequent submission cures the crime
D. Vicarious Liability
even if the initial act is rape.
D. In the crime of rape, virginity is immaterial.
9. This post-mortem change is not expected during
the first 24 hours.
2. A polygraph result has the following effect upon
A. Cadaveric spasm
the regular courts
B. Rigor mortis
A. Admissible-conducive
C. Secondary flaccidity
B. Inadmissible-persuasive
D. Livor mortis
C. “res gestae” effect
D. Admissible-persuasive
10. Which of the following is NOT a sign of a gunshot
NEAR FIRE?
3. The term “EMERGENCY” is rape means
A. Tattooing
A. The victim is acutely bleeding from the sexual
B. Contusion collar
assault.
C. Smudging or soot
B. The crime has been committed within 72
D. Burns
hours before clinical examination.
C. The woman has been mentally deranged as a
result of the act.
D. The victim is originally demented.

4. In vehicular accidents, the time from the point the


driver sees an impending danger to the point he
steps on the brake pedal is called
A. Reaction time
B. Effectivity time
C. Sked time
D. Time out

5. Which of the following is NOT a characteristic


finding in hanging?
A. Ligature mark is below the thyroid cartilage.
B. The sides of the ligature mark are abraided.
C. The tongue may or may not be protruding.
D. Blackening of the face above the ligature.

6. This finding in stabbing indicates that the blade’s


length may be determined.
A. Defense wounds
B. Length of the wound
C. Hilt mark
D. First maxim

7. The following constitutes a valid termination of the


patient-physician relationship.
A. Patient’s choice
B. Either’s choice
C. Doctor’s choice
D. Lady’s choice

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Legal Medicine
Arellano Law – 2009

Part 1. Multiple Choice
1. The main distinction between LEGAL death as
7. A form of post-mortem change where fatty tissues
against MEDICAL death
are replaced with white grease
A. Legal death is a precise event while medical
A. Mummification
death is continuous.
B. Adipocere Formation
B. Legal coma means that the patient is still
C. Saponification
alive.
D. Chuckization
C. Medical coma means that the patient is still
alive.
8. A form of false virginity where a woman allows all
D. Legal death has civil effects while medical
forms of sexual liberties but refrains from actual
death has none.
penetration.
A. Virgo intacta
2. Which of the following statements is FALSE?
B. Demi-virginity
A. Under the “Sweetheart Theory,” subsequent
C. Pseudo-virginity
submission of the victim will not cure the
D. Ten-bits
crime if the initial act was against her will.
B. The new Anti-Rape Law opens the avenue for
9. Most common drug employed as “truth serum.”
charges of rape against breach of promise to
A. Sodium pentothal
marry.
B. Hysocine hydrobromide
C. Jurisprudence on the use of “cantharides”
C. Pavulon
or sex stimulant maintains that such drug
D. Paquialam ko
actually renders a victim helpless and
deprived of reason.
10. Instrument secured from the courts in the
D. Marital rape can now be committed by the
absence of a LIVING WILL.
husband even during the subsistence of
A. Declaration of Legitimacy
marriage.
B. Decree of Presumptive Donation
C. Surrogate Attorney
3. Possible distance of the gun when wound finding
D. Administratorship
showed tattooing only.
A. Less than 6 inches
11. Which of the following is NOT part of the “triad of
B. Over 12 inches
virginity”?
C. 6-12 inches
A. Tight vagina walls
D. More than 24 inches
B. Intact hymen with small orifice
C. Prominent rugosities
4. A WORD ASSOCIATION TEST has the following
D. Tense fourchette
effect upon the regular courts:
A. Admissible-conclusive
12. Which of the following is NOT a sign of a gunshot
B. Inadmissible-persuasive
NEAR FIRE?
C. “Res gestae” effect
A. Tattooing
D. Admissible-persuasive
B. Contusion collar
C. Smudging or soot
5. Type of injury/ies resulting from an elevator fall
D. Burns
A. Contre coup
B. Coup-contre-coup
13. Which of the following facts respecting changes
C. Locus minons resistencia
after death is FALSE?
D. Apparent
A. Cadaveric spasm may occur simultaneously
with muscle death struggle.
6. Which of the following statements is FALSE?
B. Diffusion lividity after 12 hours will maintain
A. There may be one count of rape if committed
its position even if the body is moved from
by the same offended on the same woman on
one place to another.
one occasion.
C. Algor mortis is not exactly a phenomenon in
B. A woman can be charged with rape.
tropical countries.
C. Criminal and civil liabilities are extinguished
D. Obese cadavers will decompose faster than
if the accused dies during the trial proper.
skinny ones.
D. Flat chested women may be subjected to
Winslow’s Test (he he)

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14. Finding in a stab wound that makes it possible to 22. V-shaped structure below the vagina serving as
determine the knife’s length the union of the labia minora’s which feels tense
A. Hesitation cut on virgins and appears U-shaped on
B. Length of the stab wound “experienced.”
C. Defense wounds A. Vestibule
D. Hilt mark B. Rugosities
C. Fourchette
15. Which of the following is NOT an index of “brain D. Labia majora
death”?
A. Absence of deep reflexes 23. Penchant fro biting nails
B. Pupils constricted and unresponsive to light A. Bruxism
stimulus B. Quoquo-mania
C. Flat electroencephalogram C. Onychophagia
D. Absence of heart and lung activity D. Pica

16. This exemplar is not a very good sample for DNA 24. A form of scientific interrogation where one of
profiling. investigator portrays a good guys and the other a
A. Heart bad guy.
B. Urine A. Mutt and Jeff
C. Brain B. Troilus and Cresilde
D. Skeleton C. Split pair technique
D. Sohrab and Rustom
17. Crime committed if a wooden penis is rammed into
someone’s throat. 25. Which substance is known to lower the “Mask of
A. Classic rape Sanity”?
B. Physical injuries A. Beer
C. Statutory rape B. Hyosine Hydrobromide
D. Sexual assault C. Sodium amytal
D. Honey bee
18. Moving maggots in a human carcass are usually
observed after 26. Which of the following statements if FALSE?
A. 24 hours A. The laws of malpractice do not vary in its
B. 36 hours applicability to all ages.
C. 48 hours B. The issue of authority shall only apply to
D. 72 hours pediatric patients.
C. The Malpractice Law shall ultimately redound
19. Lacerations involving more than half the full to less benefits to patients.
thickness of the hymen D. There is enough law to prosecute erring
A. Complete laceration physicians.
B. Deep laceration
C. Compound laceration 27. The National Standard is based on the following
D. Superficial laceration EXCEPT:
A. Legislative enactments
20. Which of the following circumstances is NOT a B. Hospital Policies and Procedures
brand new amendment to rape? C. Case laws
A. Force, threat or intimidation D. DOH Memoranda
B. Statutory if victim is demented
C. Grave abuse of discretion 28. A positive answer to this “test” will result in
D. Fraudulent machination prosecution of the physician.
A. Natural and probable consequence
21. Sexual perversion where one draws gratification B. Res ipsa loquitor
from private belongings of another C. Admissibility of evidence
A. Fetish D. Fortuitous event
B. Transvestism
C. Voyeurism 29. When a physician refuses to perform hazardous
D. Felatio procedures, it is a form of
A. Overtreatment
B. Qualitative Defense
C. Quantitative Defense
D. Negative Defense

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30. A form of Malpractice Liability Insurance which 36. Which of the following advance directives
covers defense costs executed by the “patient” will apply in the event
A. Indemnity insurance that he arrives at a point of irreversible brain
B. Comprehensive death?
C. Own damage A. Do not resuscitate
D. Full coverage B. Durable power of attorney
C. Living will
31. Which of the following if FALSE in “abandonment” D. Health proxies
of patient-physician relationship
A. Non-payment of hospital bill is not a defense 37. Whenever a malpractice case s filed utilizing this
for abandonment Doctrine, it is always supported by the doctrine of
B. There is unilateral termination of the proximate cause
relationship by the physician A. Continuing negligence
C. Abandonment shall lie even after the B. Contributory fault
relationship has been validly terminated C. Res ipsa loquitor
D. The injury suffered by the patient is a direct D. Last clear chance
result of such abandonment
38. Which of the following hallmarks the onset of
32. Liabilities resulting form post-transfusion drowning?
infection shall be reckoned with A. Tete de negri
A. Benefit-to-risk ratio B. Champignon d’ocume
B. Assumption of risk C. Tracheal compression
C. Informed consent doctrine D. Respiration de surprise
D. Ewanco Doctrine
39. Under this doctrine, the physician cannot be
33. Under the doctrine of Strict Liability, the following blamed where there medical procedure itself
precepts are observed EXCEPT: involves inherent hazards regardless of care
A. Negligence or carefulness of the A. Best Results
manufacturer is not an issue. B. Assumption of Risk
B. Compensation may be recovered from C. Calculated Risk
anyone in the distributive chain. D. Informed Consent
C. Warranty or product protection is not an
issue. 40. When two or more “acceptable” schools of
D. Preventive measures by the manufacturer thought are available and a physician adopts the
will not operate as valid defenses. ones less taken by others, this Doctrine will be
available to him in defense?
34. Which of the following statements is FALSE? A. Calculated Risk
A. Failure to counter a drug reaction is also a B. Continuing Negligence
negligent act. C. Respectable Minority Rule
B. Doctrine of “Caveat Emptor” is not a valid D. Clinical Innovation
defense in product liability.
C. In “wrong baby” cases, parents may recover 41. To whom should a body executed judicially be
damages for unwounded feelings. awarded in the absence of relatives?
D. The five “rights” in administration of drugs A. Scientific institution
should always be observed. B. First to apply
C. Medical institution
35. In a matter of Informed Consent, the following D. First to pay
statements are true EXCEPT
A. It is a process allowing a patient to have a fill 42. Which of the following statements is FALSE?
view of the planned research. A. There are penalties for those who refuse to
B. A document covering all the procedures may give way to ambulances.
be executed. B. A physician cannot be compelled to practice
C. The explanation is always done in lay the healing art.
language avoiding medical jargons. C. Premature termination of PPR constitutes
D. Parents may validly give their consent to their abandonment.
minor wards. D. Pacquiao won by a knockout over Hatton.

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43. Whomsoever had a chance to rectify a wrong shall 47. The “Res Ipsa Loquitor” shall not apply to which of
be held liable under this Doctrine. the following cases?
A. Last Clear Chance A. Calculated Risk Doctrine
B. Good Samaritan B. Honest Errors of Judgment
C. Contributory Fault C. Bad Result Doctrine
D. Foreseeability D. Mistakes in the Diagnosis

44. The controlling doctrine in a Surgeon- Complete the lines.


Anesthesiologist set-up
A. Captain of the Ship 48. Full many a flower born to _______________ unseen,
B. Pilot-Co-pilot and lost its sweetness in the dessert air

C. Ostensible Agent 

D. Vicarious Liability [Blush]

45. This doctrine protects the hospital from allowing 49. And all that beauty, all that wealth ever gave,
outside experts to challenge the hospital awaits alike the inevitable hour, the paths of glory
standards. lead but to the _______________.

A. Ostensible Agent 

B. Fellow Servant [Grave]
C. Practice Parameters
D. Respectable Minority Rule 50. The wounds are lovely, dark and _______________, but
I have promises to keep, and miles to go before I
46. Type of asphyxia where killing is done by one guy sleep.

sitting on the victim’s chest and another guy 

covering the nose and the mouth. [Deep]
A. Overlaying
B. Burking
C. Smothering
D. Choking

Part 2. Match Column A with Column B.


COLUMN A COLUMN B

M 1. People v. Campuhan A. 1-4 hours

F 2. Abortion B. Tongue of genitalia in rape

B 3. Silvano v. CA C. Character of victim is immaterial if rape is through force

N 4. Emergency in rape D. Inability to look straight

G 5. Algor mortis E. DNA expert witness accorded

E 6. People v. Yatar F. Fetal death before age of viability

O 7. People v. Aldana G. Cooling of the body after death

P 8. Word Association Test H. On probative value of DNA

S 9. People v. Tjing I. Sleeping woman is unconscious

A 10. Gastric emptying time J. On cantharides

R 11. People v. Ballaran K. At least 30 carnal bouts

I 12. People v. Conde L. Male attribute into the mouth

C 13. People v. Blance M. “Animus” to penetrate

D 14. Most common sign of lying N. 72 hours

J 15. State v. Lung O. Guidelines for prosecuting rape

K 16. Flattening of rugosities P. Inadmissible-persuasive

L 17. Sexual assault Q. Blood typing conclusive to disprove paternity

Q 18. Jao v. CA R. One crime or rape by one man on one occasion upon one woman

H 19. People v. Webb, et. al. S. DNA needed cited in its obiter dictum

T 20. People v. Teehankee T. Inspired the purchase of DNA machine in this country
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Consolidated Essay Questions


1. POGI was dead drunk and fell to the ground flat on his face sustaining multiple lacerations and abrasions in the
process and was thus rushed to a hospital where he was immediately managed. He was admitted under the
service of DR. TINGAP. By the next morning, through the bandages in this face, POGI saw the doctor and said,
“Ayoko sa’yo, Doc. Sama ng mukha mo. I’m dismissing you as my physician.”


To this the Doctor countered, “Hintayin mong matanggal ang benda mo, tarandato kang lasenggo pa! Pangit ka
rin naman! Ayoko rin sa’yo.”


Discuss separately the validity of the termination of such Patient-Physician Relationship from the point of
view of the PATIENT and from that of the PHYSICIAN.

2. Joan, at 17, was rushed to the hospital for emergency removal of her appendix. The surgeon, DR. LESBI,
accidentally left a small sponge in the peritorial cavity and could not retrieve it thorugh the small incision. He
just finished the operation. The recovery of Joan was smooth.


Four years later, Joan was again to be placed under the knife for Caesarian Section. The obstetrician, DR. KUPAD,
saw the sponge but did nothing about it. He went about with his own business. Three days later, Joan died of
severe septicema (blood infection) courtesy of the sponge.

A. Who, if any, should be held liable for the death of the patient? Support your answer/s with Liability
Doctrines.
B. In the above-mentioned case, Dr. Lesbi was prosecuted utilizing the doctrines of Proximate Cause and
Res Ipsa Loquitor. Was the procedure proper?

3. Tina Pay bought a box of Arcalion in preparation for the Bar Exams. On her third dose of the capsule, she
suddenly experienced shortness of breath and generalized numbness. She was rushed to a nearby hospital and
was admitted. Consequently, she missed the bar. [Last sentence, not found in other questionnaire.]


Now, she is filing an action against United Lavatories Drug for damages. Among her evidence is the absence of a
drug brochure. The Drug Company meanwhile contests that they should file a case against Mercurio Distributor
from where the medicine was purchased. Mercurio, on the other hand, defends itself under the principle of
“caveat emptor.” 


Discuss the merits of the case.

4. Mr. X, blood type “O” married Mrs. Y, blood type “AB,” and their union brought forth an offspring with blood type
“AB.” The baby carries the father’s eyes, hair, dimples and complexion. 


Would there be a valid basis for Mr. X to file charges of infidelity against Mrs. Y? Answer with scientific
reasons.

5. Mr. Dipatule (Blood Type “B”) married Ms. Kirinalandifa (Blood Type “A”). She gave birth to a child Type “O”. The
baby had a gestational age of less than seven months.

A. Is there a valid reason for the husband to suspect infidelity of the wife?
B. If the child dies withing 24 hours, is there a need to issue a birth certificate?
C. Will Dr. Arizala be required to conduct an autopsy on the child?
D. Will your answer to question “A” be the same if the father is Type “O” and the mother is Type “AB” by
the child looks like the mother?

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6. A dead young woman was found at around 6:00 AM in a subdivision brutally ravished with stab wound on the
chest. No defense wounds were noted. She was found to be almost in complete rigor with livor mortis at her left
side. On autopsy, she died from stab wound of the chest, obvious ba? Rape was confirmed and the semenology
turned positive. Her stomach was empty. On investigation, a waiter at Gerry’s Grill Blue Wave testified having
seen her at 8:00 PM having crispy pata dinner with Atty. Arizala. She drank four (4) bottles of light beer.

A. Estimate the time of her death.


B. Do we have a suspect? Is so, will it be Atty. Arizala?
C. Could the rape have been committed four (4) days ago?

7. The Rosales couple went to Capital Center for normal delivery of their child. Somehow, on account of the late
arrival of the OBSTETRICIAN, the patient died of excessive bleeding. Thereafter, the husband filed charges of
negligence against the following:
1. The OBSTETRICIAN for the late arrival
2. The HEMATOLOGIST for late transfusion of blood
3. The HOSPITAL for being vicariously liable for the acts of its employees

Discuss briefly the liabilities and merits of the defenses, if any, of the three (3) entities.

8. TRUE OR FALSE. Discuss with reasons.



A physician holding himself out as having special knowledge and skill in a particular medical discipline is bound
to discharge his duty to a patient employing him as such specialist, and NOT merely the average skill possessed
by general practitioners.

9. A pathologist in UP-PGH wrongly read a frozen section biopsy as “malignant” resulting in the amputation of a
leg. On second opinion, another pathologist stated that the case was benign and the surgery was improper.
Charges were filed against the erring pathologist and included the hospital under the principle of Imputed
Liability.


The pathologist defends himself under the “Honest Errors of Judgment” and the hospital defends itself claiming
that the pathologist is not under its employ. Decide with reasons.

10. Bonus (5 points). Give me a joke!

Coroners pass away but they will be remembered.


We honor them for every brick of justice they lay,
For every puzzle they solve;
And for every child they comfort.
We thank them for what to us has been re-given…
This little thing called “Truth!”
– Atty. Floresto P. Arizala, Jr. M.D.

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