26
Identification of the Human Being As A Victim 1 ? Formed during the fourth month 2 C. Cranial Sutures *Bones used to determine sex: pelvis, skull, sternum, humerus, femur 3 D. mandible *See above question 4 B. Spread fingers wide and view through strong light magnus test - place ligature around the base of the finger Icard's test - subcutaneous injection of flourecein Heat application - apply heated material to the skin 5 B. Menstrual blood 6 D. Takayama Test Hermin crystals test/ teichmann's blood crystals - best microchemical test 7 D. Precipitin Acid phosphatase - conclusive to presence of semen Berberio's - to determine spermatic secretion Florence - presumptive evidence of seminal fluid Precipitin or Biological Test of Farnum - whether blood is of human origin or not 8 C. The Adam's apple in female is prominent; while in male is not 9 C. Polymerase Chain Reaction (PCR) Method 10 B. Plastic Latent - not visible after impression but after application of substances Visible - visible without treatment 11 C. Art and Study of recording fingerprints as a means of identification Poroscopy - the study of pores on the papillary of friction ridges of the skin for the purpose of identification Dactyloscopy - art of comparing fingerprints for identification 12 C. Venous 13 B. Menstrual blood 14 D. Negro *Caucasian - prominent sharp nose *Malayan - flat nose with round face *Mongolian - almond eyes and prominent cheek bones 15 C. Speech, Gait and Mannerisms *Characteristics NOT easily changed - speech, gait and mannerisms; hands and feet, color of skin, facial features, facies, handedness, degree of nutrition, physical deformities *easily changed - growth of hair, apparel, frequent place of visit, personal belongings, grade of profession, body ornamentation 16 C. Precipitin *Hermin crystals test/ teichmann's blood crystals - best microchemical test *Benzidine - positive test is not conclusive *Takayama - positive for substance containing hemoglobin 17 C. Benzidine test *Though a Benzidine test, if positive, is not conclusive if the stain is blood or not, it is still the only test among the choices withsuchpurpose. *The other choices (Marquis, van Urk, Zwikker) are tests for the presence of dangerous drugs. *Marquis - opium and amphetamine *Zwikkers-barbiturates *Van Urk – LSD 18 B. Dactyloscopy poroscopy - pores of fingerprints; dactilography - recording fingerprints *Dactyloscopy - identification by comparison 19 ? *The answer may be B Accdg to Solis (Legal Medicine p.51) - "Moles- ordinarily permanent but can be removed by electrolysis, radium, or cabon dioxide snow". Surgery

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Page 1: Legal med answer key

Identification of the Human Being As A Victim

1 ? Formed during the fourth month

2 C. Cranial Sutures *Bones used to determine sex: pelvis, skull, sternum, humerus, femur

3 D. mandible *See above question

4 B. Spread fingers wide and view through strong light magnus test - place ligature around the base of the finger Icard's test - subcutaneous injection of flourecein Heat application - apply heated material to the skin

5 B. Menstrual blood

6 D. Takayama Test Hermin crystals test/ teichmann's blood crystals - best microchemical test

7 D. Precipitin Acid phosphatase - conclusive to presence of semen Berberio's - to determine spermatic secretion Florence - presumptive evidence of seminal fluid Precipitin or Biological Test of Farnum - whether blood is of human origin or not

8 C. The Adam's apple in female is prominent; while in male is not

9 C. Polymerase Chain Reaction (PCR) Method

10 B. Plastic Latent - not visible after impression but after application of substances Visible - visible without treatment

11 C. Art and Study of recording fingerprints as a means of identification

Poroscopy - the study of pores on the papillary of friction ridges of the skin for the purpose of identification Dactyloscopy - art of comparing fingerprints for identification

12 C. Venous

13 B. Menstrual blood

14 D. Negro *Caucasian - prominent sharp nose*Malayan - flat nose with round face*Mongolian - almond eyes and prominent cheek bones

15 C. Speech, Gait and Mannerisms *Characteristics NOT easily changed - speech, gait and mannerisms; hands and feet, color of skin, facial features, facies, handedness, degree of nutrition, physical deformities

*easily changed - growth of hair, apparel, frequent place of visit, personal belongings, grade of profession, body ornamentation

16 C. Precipitin *Hermin crystals test/ teichmann's blood crystals - best microchemical test*Benzidine - positive test is not conclusive*Takayama - positive for substance containing hemoglobin

17 C. Benzidine test *Though a Benzidine test, if positive, is not conclusive if the stain is blood or not, it is still the only test among the choices withsuchpurpose.*The other choices (Marquis, van Urk, Zwikker) are tests for the presence of dangerous drugs. *Marquis - opium and amphetamine*Zwikkers-barbiturates*Van Urk – LSD

18 B. Dactyloscopy poroscopy - pores of fingerprints; dactilography - recording fingerprints*Dactyloscopy - identification by comparison

19 ? *The answer may be BAccdg to Solis (Legal Medicine p.51) - "Moles-ordinarily permanent but can be removed by electrolysis, radium, or cabon dioxide snow". Surgery is not included in the statement.*Correct statements - A, C, D (as stated verbatim in Solis)

20 D. Icard's test Icard's test - a test to determine peripheral circulation ; teichmann's test - Hemin Crystal; Schombein's test - Van Dean Test; Benzidine - all are tests for determination if a stain is blood or not

21 D. Child p. 110 Solis*Adolescent - hair is long, wiry, thickOlder person - color is white or gray, with marked absorption of pigments and degenerative changes

22 D. Years

23 C. By determination of medullary index

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24 A. Length of the head times eight the distance from the base of the skull to the coccyx which is 44% of the height; the distance between the supra-sternal notch and the pubic symphysis which is 1/3 of the height; length of the vertex of the skull to the pubic symphysis times 2 (p. 49 Solis)

25 C. the male body of pubis is wider; the female narrow Opposite

26 C. weight of parties

27 C. Hippocratic Facies Facies Leonine - in leprosy, elephantiases; Myxedemic Facies - edematous swelling/not pitting*Mongolian facies - almond eyes, pale complexion, prominence of cheek bones

28 D. Gunshot wound would leave scars that are irregular in shape, furrowed with edges hardened and uneven (tuberculosis scar)

flogging scar - flogging produces scars that are fine white lines diagonally across the back with depressed small spot at intervals*Scars that are irregular in shape, furrowed with edges hardened and uneven pertain to tuberculosis sinus scarThe correct description for a gunshot wound scar is disc-like, depressed at center and may be adherent to the underlying tissue.The rest of the choices match the correct description.

29 D. Tibia *Bones used to determine sex: pelvis, skull, sternum, humerus, femur

30 A. chromosomal test

31 C. portrait parle *Bertillon system - uses anthropometrics as a means of identificationRogue's gallery or photographic file - photos of wanted or missing persons for comparison with sketches

32 ? confirm identity - anytime; settling succession to an estate - for purpose of opening succession 10 years disappearance*Answer may be B

33 C.Pelvis

34 A. Gettler's Test Winslow's test - mercury movement

35 A. Biological Test of Farnum or precipitin test*Ganguli's method - best way to stain spermatozoa in IndiaBerberio - specific for spermatic fluidPuramen reaction - very reliable and characteristic of seminal fluid

36 C. Homicide must be legal spouse to be charge of parricide

Attesting Death

37 A. Confession admission - as to the fact but not guilt

38 C. Cadaveric spasm or instantaneous rigor*Rigor mortis, death stiffening and cadaveric rigidity all pertain to the same thing

39 C. immediate cause of death *Immediate cause is also known as primary cause of death.Proximate OR secondary cause of death is when an injury or disease was survived for a sufficiently prolonged interval which permitted development of serious sequelae

40 A. Photography (obsolete)

41 B. Autopsy post-mortem examination- external ony

42 A. no change in color of the finger *Magnus test - a ligature is tied around the base of the finger. If there's no change in color -> person is dead

43 B. loss of elasticity of the skin

44 ? *Answer is BPermit to disinter after 5 years of burial - those who died of dangerous communicable diseaseAfter 3 years - those who died of nondangerous communicable diseaseAnytime - if with special permit, as long as person did not die of dangerous communicable disease

45 A. progressive fall of the body temperature or algor mortis

46 A. Liver liver/kidney bone

47 A. 2-5 minutes

48 ? *Answer is AOther examples of anoxic death - Obstruction of airway, paralysis of respiratory center, shunting of blood from right to left side of the heartAnemic anoxic - severe hemorrhage, poisoning (eg CO), low HgbStagnant anoxic - heart failure, shock, arterial/venous obstructionHistotoxic anoxic - cyanide, alcohol

49 B. Early putretactive changes *Post mortem caloricity is the rise of temperature of the body after death due to rapid and early putrefactive changes or some internal changes

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50 D. leanness of the body (middle age, asphyxia, acute pyrexial disease ) - delays*Other factors that delay cooling - sudden death, obesity, clothing, small room, warm surroundings*Other factors that hasten cooling - extreme age, long standing illness, chronic pyrexial disease, unclothed body, being in a large room, water

51 B. Muscular irritability Muscular irritability is also known as primary flaccidity*Order of muscular changes after death:1. Primary flaccidity2. Post-mortem rigidity/cadaveric rigidity/rigor mortis3. Secondary flaccidity

52 B. Liver *Organs which putrefy early - brain, lining of the trachea and larynx, stomach, intestines, spleen, liver, pregnant or puerperal uterusPutrefy late - esophagus, diaphragm, heart, lungs, kidneys, urinary bladder, non gravid uterus, prostate gland

53 B. Shock

54 B. 48 hours sanitation code*Exceptions: if it is still a matter of legal investigation, if embalmed, if permitted by local authorities*If person died of communicable disease - must be buried within 12 hours

55 C. Marbolizatiom

56 C. Intentionally cutting off any reproductive part of the body Article 262 RPC57 B. Adipocere formation

58 ? all of the above*Answer may be C*Accdg to Code of Sanitation, an autopsy shall be performed when:a. Required by special lawsb. Upon order of a competent court, a mayor, a provincial or city fiscal (NOT provincial hospital medical director)c. Upon written request of police (NOT verbal)d. deemed necessary by the solicitor general, provincial or city fiscale. the nearest kin shall request in writing (NOT any relative)

59 C. Cooling of the body

60 C. Post-mortem lividity

61 D. Death occuring in natural manner

*The ff manner of death should be autopsied:- death by violence- accidental death- suicides- sudden death of persons in apparent good health- death unattended by physician- death wherein MD is not able to arrive at a clinical dx as to the cause of death- death occuring in an unnatural manner

62 A. The body has been in water for sometime

*Washerwoman's hands is not diagnostic of death due to drowning, but only proves that the body has been in water for some time

63 C. Cadaveric spasm or instantaneous rigor

64 A. progressive fall of the body temperature

or algor mortis

65 A. the declarant was not the victim *For a dying declaration to be valid, in addition to the other correct choices, the declarant should be the victim with regards to the declaration he/she is making

66 B. Euthanasia

67 D. Negligence

68 A. Anytime

69 C. Diffusion *Kinds of post-mortem lividity:1. Hypostatic - early stage; blood is still fluid within the blood vessels; any change in position of the body leads to the formation of lividity in another place2. Diffusion - later stage; blood has coagulated; change in position will NOT change location of lividity

70 D. Disinterment

71 B. Slower

72 C. Post-mortem lividity or cadaveric lividity liver mortis post-mortem hypostasis

73 D. 4 years

74 B. Juducial Death

75 A. murder *If there is no consent of the patient, physician is guilty of murder

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76 B. murder infanticide - less than three days;

77 A. Rigor mortis death struggle of muscles/ cadaveric rigidity*Cadeveric RIGIDITY - rigor mortis is different fromCadaveric SPASM - instantaneous rigor

78 B. musketry

79 D. 48 hours *If person died of communicable disease - must be buried within 12 hours80 A. 12 hours *See above question

81 C. accidental *Negligent death - due to reckless imprudence, lack of foresight or skill

82 B. Cadaveric spasm *Cadeveric RIGIDITY - rigor mortis is different fromCadaveric SPASM - instantaneous rigor

83 B. Marbolization

84 C. Clostridium welchi *Other choices are bacteria which also participate in tissue destruction during decomposition

85 D. Death occuring in natural manner

*The ff manner of death should be autopsied:- death by violence- accidental death- suicides- sudden death of persons in apparent good health- death unattended by physician- death wherein MD is not able to arrive at a clinical dx as to the cause of death- death occuring in an unnatural manner

86 B. 24 to 48 hours 12-48 - tropics during colds; 12-36- tropics during summer; 48-72 temperate

87 C. Death by strangulation

88 C.There is no inflammation and reparative process in ante-mortem

*Inflammation and reparative process is present in ante-mortem wounds.

89 C. Notation of all abnormal findings *Notation of all abnormal findings is done only in pathologic autopsy. In medico-legal autopsy, emphasis is on the effects of the wrongful act on the body.

90 A. Anytime

91 D. Cadaveric Spasm

92 B. Presence of hesitation cuts or tentative incisions

indication of struggle, other choices-signs of homicidal murder

93 B. Carbon Monoxide Poisoning

94 A. Cranial box

95 D. Lungs 1.brain; 2.spleen; 3.liver; 4. lungs*Organs which putrefy early - brain, lining of the trachea and larynx, stomach, intestines, spleen, liver, pregnant or puerperal uterusPutrefy late - esophagus, diaphragm, heart, lungs, kidneys, urinary bladder, non gravid uterus, prostate gland

96 C. Loss of elasticity of the skin

97 B. Cadaveric spasm

98 C. Heart Getler's test - quantitative determination of the chloride content of blood in the left and right ventricle of the heart.

99 Somatic Death

100 D. Explain sudden death of a person apparently in good health

confirm clinical findings of a research- hospital autopsy/non official autopsy; confirm clinical diagnosis- hospital autopsy/non official autopsy

101 C. Corpus delicti *Corpus delicti - type of physical evidence; objects or substances which may be part of the body of the crims; proves that the crime existed

102 C. Cooling of the body most prominent sign of death

103 B. Soft firm - antemortem characteristics*Other characteristics of post-mortem clot: stripped off in layers, BV remains smooth when removed, (+) distinct layering

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104 A. 4 ? Conflicting data from Solis (Legal Medicine p.154):- A person not heard from for 7 years is presumed dead- A person on board a lost sea vessel or airplane, in the armed forces who has taken part in war, or who has been in danger of death shall be presumed dead for all purposes after 4 years.-A or B may be correct

105 C. Municipal Mayor *Others who can sign the death certificate in the absence of attending MD: municipal health officer, municipal secretary or any councilor

106 C. Death due to dangerous communicable disease

107 B. Violent

108 D. Yellow in myocardial infarction

109 B. Heart early (brain, speen, liver)*Organs which putrefy early - brain, lining of the trachea and larynx, stomach, intestines, spleen, liver, pregnant or puerperal uterusPutrefy late - esophagus, diaphragm, heart, lungs, kidneys, urinary bladder, non gravid uterus, prostate gland

110 A. Stage of secondary flaccidity *Order of muscular changes after death:1. Primary flaccidity2. Post-mortem rigidity/cadaveric rigidity/rigor mortis3. Secondary flaccidity

111 A. Autoptic evidence Or real evidence - evidence perceived by the senses

112 D. Cadaveric Spasm

113 B. Presence of hesitation cuts or tentative incisions

indication of struggle, other choices-signs of homicidal murder

114 ? *Answer may be A-it does not determine the exact time of death, but merely gives an idea as to the time of death-does not affect all parts of the body, only the dependent parts-development of color does not suggest injury, but the color may indicate the cause of death

115 C. heartbeat and pulse absent Answer should be D-Documentation of irreversible coma (NOT reversible) should be done prior to harvesting organs from a cadaver donor

116 A. Hanging *A or CTardieu spots (petechial hemorrhage) can also be found in strangulation by ligature

117 C. Margins are usually everted, unbruised and unabraided

118 C. 12 hours

119 C. Somatic Death

120 A. 1 month or more

121 B. without consideration of price, reward or promise

*Murder - WITH consideration of price, reward or promise

122 D. none of the above RA 6425- importation for distribution of prohibited drugs; Dangerous Drug Act of 1972- manufacture and transport of prohibited drugs

123 D. none of the above Others who can sign the death certificate in the absence of attending MD: municipal mayor, municipal health officer, municipal secretary or any councilor

124 C. somatic death

125 C. meningitis

126 C. mechanical injuries to vital organs

* Answer should be A*Direct fatal effects of wounds: hemorrhage, mechanical injuries to vital organs, shock*Indirect fatal effects: secondary hemorrhage, secondary shock, scarring effect, infection

127 C. murder

128 D. there is no clotting of blood *Post mortem wound - no clotting, venous bleeding, no spouting of blood, edges not deeply stained, wound does not gape unless within 1-2 hrs of death, no inflammation or reparative processOpposite is true for ante-mortem wound

129 A. bullet momentum kinetic energy of bullet

130 A. shock wave *Answer should be BFragmentation or disintegration of the bullet causes more shocking or knockdown power

131 A. tangenial approach of the bullet

132 A. within 24 hours

133 C. color of the skin

134 D. champignon d'ocume emphysema-extended like baloons; edema aquasum- doughy lungs

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135 D. marked congestion of the trachea and bronchi which are filled with foreign bodies

*In drowning:-Chloride content is greater in the Left side of the heart in salt water, greater in the right if in fresh water-washerwoman's hands and feet - does not prove that drowning is the cause of death, but only that the body has been in water for some time- Physical injuries - may be present

136 C. drowning due to blood accumulation in the face

137 B. overlaying

138 C. asphyxia by smothering

139 C. mugging

140 B. mugging

141 D. mugging burking- kneel/sit on the chest while the hands close the nostrils/mouth142 C. strangulation

143 B. congestion of the spinal cord

144 B. Histotoxic anoxic- failure of blood to be saturated O₂; anemic anoxic-decrease capacity of the blood to carry O₂; stagnant anoxic- failure of circulation

145 A. traumatic crush asphyxia shock- stagnant anoxic; carbon monoxide poisoning & cyanide poisoning – histotoxic

146 C. death by lethal injection

147 B. asphyxia by smothering or plastic bag suffocation

148 B. edema aquosum emphysema aquosum - lungs distended like balloons; respiration de surprise - one deep inspiration when mouth/nose covered with fluid

149 ? *Answer is D*Direct fatal effects of wounds: hemorrhage, mechanical injuries to vital organs, shock*Indirect fatal effects: secondary hemorrhage, secondary shock, scarring effect, infection

Evidence of Physical Injury

150 C. less serious and serious physical injuries

151 B. 4-5 days 2-4 days(red/purple); 14-15 days (gradually disappear); 7-10 days (yellow)152 C. gutter fracture

153 A. automatic pistol *Answer should be BRevolver - cylindrical magazine at the rear of the barrel, which can accommodate 5 or 6 cartridgesAutomatic pistol - cartridge in a vertical magazine which holds 6 to 7 cartridges

154 A. primer

155 C. 0.45

156 A. lead, barium, antimony

157 A.stippling or peppering; soot-smudging/smoke blackening*Tattooing = stippling = peppering

158 C. contraction of the elastic tissues of the skin

*Contraction of the elastic tissues make the entrance wound SMALLER than the caliber*Other factor which make entrance wound smaller: fragmentation of the bullet

159 A. burns

160 C. contusion collar tattoing, rifling, smudging - products of combustion

161 C. washerwoman's skin

162 B. gunpowder residue

163 D. tearing force

164 C. tattoing may be present

165 C. paraffin test maybe positive *Paraffin test is negative in an exit wound

166 C. everted edges at the point of entry

167 ? D. All of the above (maybe the best answer)

168 D. locus minoris resistencia locus minoris resistencia- least resistant area; coup-same side of force; contre-coup - opposite side; coup contre-coup - both sides

169 A. locus minoris resistencia

170 C. Serious physical injuries due to scar

171 B. contusion

172 C. loss of memory for events just before the injury

173 A. hacking wound bigger-hacking/incised; break-fracture

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174 ?C. the instrument is not sharp edged ? Serrated edges or zigzag appearance indicate several stabbing acts (series of thrusts and withdrawals)175 B. Ricochet of bullet

176 B. walker's test paraffin test/dermal nitrate test - dorsum of the hand

177 C. slight physical injuries (serious physical injuries & less serious physical injuries)-reportable PD19999999999999o9o69178 C. Primary impact

179 A. Langer's line

180 B. Fifth degree burns 4th degree burns - formation of slough and ulceration; 6th degree burns -charring of the limb involving bone and organs

181 D. serious physical injury

182 C. 1-9 days *Serious physical injuries - >30 daysLess serious - >10 but <30 daysSlight - 1-9 days

183 A. defense

184 C. slight physical injuries

185 C. Primary impact

186 A. Defense

187 B. Secondary impact injuries *Primary impact - pedestrian to motor vehicleSecondary impact - subsequent impact of the pedestrian to the ground

188 A. locus minoris resistencia

189 C. Long range wound

190 D. all of the above

191 A. 9days less serious (9< ); serious (<30)

192 D. sprain *Subluxation - incomplete or partial dislocationStrain - overstretching or rupture of a muscle which may not be associated with a joint

193 B.perforating wound

194 D. penetrating wound superficial wound-layers of the skin; deep wound -perforating, penetrating beyond the layers of the skin195 B. contusion

196 C. color is change from red to bright scarlet

*The correct statement is the color changes from red to reddish brown, NOT bright scarlet

197 B. men can withstand starvation longer than women

opposite*Women can withstand starvation longer because of more adipose

Sexual Crimes

198 B. abduction lewd design

199 C. slightest

200 D.Interlabial sex

201 A.she is a victim of rape statutory rape less than 12 years old*There is rape when there is canal knowledge under the ff circumstances:-use of force or intimidation-woman is deprived of reason or unconscious-woman is less than 12 years old (as in this case)

202 C. the offender is the father or brother of the victim

*Qualified seduction usually applies to intercourse with a virgin over 12 but under 18However, the woman need not be a virgin or may be over 18 if there is blood relationship, making this an incestuous type of qualified seduction.

203 C.Qualified seduction *Girl is a virgin and 16 years old, had sexual intercourse with her teacher (person of authority)

204 C. act of lasciviousness *Acts considered lascivious: embracing, kissing, or fondling a woman's breast; placing man's genitals over a woman's; compelling the woman to take off her clothes; insertion of fingers in the private part of the victim

205 D. act of lasciviousness *See above question

206 A. algolagnia masochism or passive algolagmia, sadism or active algolagnia*Irrumation - fellatioBuggery - another term for sodomyBestiality - sexual gratification through intercourse with animals

207 C. transsexual *As opposed to transvestite - psychic identification with opposite sex; only goes so far as to dress in the apparel of the opposite sexIntersexual - genetic defect; intermingling characteristics of both sexes

208 B. sadism

209 D. Zoophilia or bestiality

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210 B. The patient is feeble minded *There is rape when there is canal knowledge under the ff circumstances:-use of force or intimidation-woman is deprived of reason or unconscious (feeble minded in this case)-woman is less than 12 years old

211 C. When laceration does not go beyond one half the width of the hymen

*Deep laceration - beyond half the width, but NOT reaching the baseComplete - whole width but not beyond the baseCompound/complicated - involves the hymen and surrounding tissues989

212 D. Have a written consent from the subject or from her guardian,if sheis not of age

213 C. Coprolalia

214 D. Criminal assault against the physician

many opinions but letter D maybe the best answer*Accdg to Solis (Legal Medicine p. 604), consent of the wife is necessary to avoid being held liable for an assault.

215 C. Qualified seduction

216 B. Deep *Deep laceration - beyond half the width, but NOT reaching the baseComplete - whole width but not beyond the baseCompound/complicated - involves the hymen and surrounding tissues

217 D. All of the above

218 B. Seek sexual gratification with a child of either sex

bestiality- engage sexual intercourse with an animal; necrophilic- be near the dead body for sexual gratification; narcissism - obtain sexual gratification by gazing at himself at the mirror

219 B. Normal V shape configuration of the fourchette has been lost

220 B. True physical virginity *False physical virginity - hymen is unruptured but admits 2 or more fingersVirgo intacta - no structural changes in her organ to infer previous sexual intercourse

221 D. Impotence *Impotency - physical incapacity of either sex to grant the other legitimate sexual satisfaction

222 B.Having sexual intercourse with a child of either sex

223 D. Rape is a crime against chastity *Under RA 8353, Rape has been reclassified as a Crime against persons, and not anymore as a Crime against chastity.

224 B. Offended party must be female

225 A. Any sign of pregnancy

226 D. Ejaculation *There is rape when there is canal knowledge (even the slightest penetration) under the ff circumstances:-use of force or intimidation-woman is deprived of reason or unconscious-woman is less than 12 years oldEjaculation is not an essential component

227 B. Reclusion perpetua no more death penalty, but before yes (death penalty)

228 B. Middle phase ?

229 A. Moral virginity demi virginity - permits all forms of sexual liberties except rupturing hymen by sexual act; false physical virginity-hymen unruptured but orifice admit 2 or 3 fingers; true physical virginity- hymen intact barely admits tip of finger

230 C. Home by the mother

231 B. Wredin's *Fodere/Hydrostatic test - determine whether respiration took place after birth; lungs are immersed in water and floats if breathing has taken placeBreslau/Flotation test - if organs (Stomach/intestines) float on water, breathing has taken place

232 D. Hydrostatic test *See above question

233 A. HCG test positive

234 D. Prison mayor,a fine of not less than P1000 and temporary special disqualification

235 B. Congestive heart failure *Other grounds: renal conditions, ADVANCED TB, severe anemia, gyne conditions, diabetes, hereditary conditions such as insanity

236 D. Prison correctional at its medium and maximum period

237 D. All of the above

238 B. When squeezed between the finger and thumb they do not crepitate

*(+) crepitations in an expanded lung

239 C. Diaphram reaches the level of 6th or 7th ribs

240 A. At term

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241 B. Infection *Immediate untoward effects of abortion: shock, hemorrhage and anemia, embolism, infection, poisoning, vagal inhibition, perforation of the organs*Delayed - infection, fistula formation, sterilitiy, pelvic adhesion

242 C.Wife conceals the fact the child is that of a man who is not her husband

243 A. Intentional

244 A. 24 hours <7 months or <210 days

245 A. Unintentional abortion

246 B. 3days

247 C. 180days

248 B.Intentional abortion with homicide ?

249 C.inevitable *Missed - maceration or absorption of products of conceptionThreatened - (+) hemorrhage, (-) dilatation of intenal osInevitable - (+) hemorrhage (+) dilatation of internal os (+) rhythmical painIncomplete - not all products of conception has been expelledComplete - whole product has been expelled

250 A. The physician commits abortion without the woman's consent

251 D. All of the above *Immediate untoward effects of abortion: shock, hemorrhage and anemia, embolism, infection, poisoning, vagal inhibition, perforation of the organs*Delayed - infection, fistula formation, sterilitiy, pelvic adhesion

252 D. All of the above

253 C. Sex is to perpetuate one's bestiality

254 C. Elective abortion under the pro-choice paradigm

255 A. Dilatation of cervix by means of instrumentation

256 D. imminent abortion

257 A. caput succedaneum in a child born with head presentation lasts up to the 10th day

*Accdg to Solis (p.581) it lasts up to the 7th day

258 B. No, because she did not have the intention to abort

259 A. HCG test positive

260 B. progesterone

261 D. Hydrostatic test *also known as Fodere test

262 C. being an abortionist

263 D. climacterium praecox

Child Abuse

264 C. Ignorant

265 C. Constant child abuser

266 A. Occasional child abuser *C (intermittent child abuser) is also correct

267 C. Department of Social Welfare and Development

Marital Relations

268 B. Proof of impotence will overthrow presumption of legitimacy

269 D. All of the above *Causes of sexual dissatisfaction after marital union: fear of consequence of repeated abortion, fear of unwanted pregnancy, faulty contraceptive methods, dyspareunia, fear of coitus, emotional frustration due to fertility, ignorance of the reproductive process and genital anatomy, frigidity, no sex desire, anatomic causes, disparity in age, venereal disease, masturbation preferred to coitus, infidelity

270 D. The marriage is valid no ground for nullity*Stroke happened 2 days after contracting marriage, and not at the time of or before marriage.

271 C. Adultery *Adultery - committed by a WOMAN when she has intercourse with a man NOT her husband, and the man KNOWS her to be married

272 A. right of consortium

273 D. All of the above

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274 B. marriage between collateral relatives by blood within the fourth civil degree

up to first cousin*The other choices are also marriages void from the beginning but not incestuous

275 C.void from the start void from the start but the court has to declare. As far as Philippine laws276 B. Man is liable for adultery RPC Art. 333-334

*Adultery because the man is single and has intercourse with a woman he knows to be married*It is concubinage if the man is the one married

277 A. either party was physically capable before marriage

278 C.recent childbirth *Causes of sexual dissatisfaction after marital union: fear of consequence of repeated abortion, fear of unwanted pregnancy, faulty contraceptive methods, dyspareunia, fear of coitus, emotional frustration due to fertility, ignorance of the reproductive process and genital anatomy, frigidity, no sex desire, anatomic causes, disparity in age, venereal disease, masturbation preferred to coitus, infidelity

279 A. immorality both are unmarried

280 D. arresto mayor RPC Art. 351

281 C. elopement of parties the woman concealed a pregnancy of another man, consent of the man was by threat, consent of the woman was taken by fraud)- family code 1988

282 ? too many opinions!* Answer may be D*Accdg to Solis (Legal Medicine p. 604), consent of the wife is necessary to avoid being held liable for an assault.

283 D. Legitimated if both can validly marry at that time

284 C. 3 days

285 B. parricide due to filiation*Even if the baby is just a day old, the crime is still parricide, not infanticide, because the killer is the father of the victim

286 A. adopted children after 1988- (legitimate or illegitimate); before 1988- (natural children, adulterous children, spurious children)

287 C. 300 days *Legitimate if born AFTER 180 days following marriage, or within 300 days after its dissolution

288 A. Presumed legitimate *Correct answer is still B, presumed illegitimate because of ethnic reasons, based on Solis (p.592)

289 B. Proof of impotence will overthrow presumption of legitimacy

290 C. paternity on pregnancy

291 B. Types A,B,AB and O

292 C. when a son kills his illegitimate father kills a common-law wife - homicide or murder; if father/mother/son either legitimate or illegitimate, other descendants/ascendants must be legitimate - parricide

293 D. none of the above

294 D.legitimate *Because child was born after 180 days from the marriage

295 D. legitimated

296 D.manceres children

297 C. the child must be acknowledged by both parents before marriage

*answer should be BIt is true that the child must be acknowledged by both parents before marriage, and not just by the father, making choice B the incorrect statement and therefore the answer

298 B. natural by legal fiction p.597 Solis*Natural children by legal fiction are those born of void marriages, such as in this case

299 ? *Answer is CA person may be impotent but not sterile, or sterile but not impotent, although both may exist at the same time (Solis, p. 620)

300 C. as evidence in defense of an alleged father in a paternity suit

301 B. His imprisonment should be deferred until he recovers

RPC Art 79

302 C. He can claim temporary insanity as a defense

303 A. 0-20 0-20( idiot-<2yo IQ); 20-40(imbecile- 2-7yo IQ); 40-70(feebleminded/moron- 7-12yo IQ; 70-80(borderline deficiency)

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304 C. illusion *Hallucination - no external stimulusObsession - continually occurring thoughts and impulsesDelusion - false or erroneous belief in something which is not a fact

305 B. His execution should be stayed until he recovers

RPC Art. 79

306 C. imbecile 0-20( idiot-<2yo IQ); 20-40(imbecile- 2-7yo IQ); 40-70(feebleminded/moron- 7-12yo IQ; 70-80(borderline deficiency)

307 D. above 140 100-normal/average; 120-140 - very superior intelligence

308 A. profound severe-20-25; moderate- 36-51; mild- 52-67

309 D.paternity of a pregnancy

310 A. director of health Rules of Court 101

311 B.no crime exempting circumstances

312 B. mental illness

313 A. hallucination illusion- with stimulus

314 C. persecution *Correct answer is A, delusion of referencePersecution - one is being persecuted, poisoned, etc.Nihilistic - there is no world, one does not exist, his body is deadSelf-accusation - false belief to have committed a crime or hurt the feelings of others

315 A. hierophobia heliophobia- sun; bibliophobia - books

316 D. sommambulism *semisomnolence or somnolencia - half asleepdelirium - confusion of the mind

317 B. Amyl alcohol

318 B. sulfuric acid

319 B. chronic lead poisoning

320 A.restore depleted glycogen

321 A. 150-300mg% 400mg%- anesthetic level/ complete unconciousness; 100mg%- loss of critical judgement; 20mg%- feeling of well-being (p.695 Solis)

322 C.Constitutional tolerance p.700 Solis*Consumption tolerance - a person who has developed tolerance has less percentage of blood alcohol as compared to another person who is not used to it, when given the same quantity. Faster elimination in habituated drinkers.

323 C.Romberg's test

324 C. Blood alcohol concentration

325 C. prohibited drug

326 A. pearly gates *"Pearly gates" refer to morning glory

327 D. All of the above 2 types (drug addiction & drug habituation)

328 ? *Answer is DAconite - neural depressantCamphor and digitalis - cardiac depressants

329 D. blood

330 D. dypsomania

331 D. chemical method enzymatic method- body fluids

332 C. carbon monoxide p.452 Solis

333 D. ethyl alcohol

334 A. Belladonna

335 C. paracetamol

336 C. marijuana

337 C. ethyl alcohol *Correct answer is A. Methyl alcohol

338 D. heart

339 D. intent in administration

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340 B. consumption tolerance *Correct answer is A. Pathological drunkenness- a small amount is sufficient to make a person drunk on account of an existing pathological conditionPunch drunkenness - not a condition of drunkenness; observed among boxers on account of repeated trauma to the head

The Doctor As An Expert Witness

341 A. license to practice medicine

342 A. duly licensed medical practitioner

minimum requirement in a physician

343 C. the truth serum is still in experimental stage

? (all choices are somehow correct)*Answer may also be B"Statements taken from the subject while under the influence of truth serum are evolutionarily obtained hence they are not admissible in court."

344 A. To inform the court of what he perceived in the course of the physical examination of the patient

345 C. bluff on split-pair technique *Other techniqueS:*Emotional appeal - interrogator creates a mood conducive to confession*Mutt and Jeff technique - 2 interrogators; one (Mutt) is arrogant and relentless and the other (Jeff) is friendly, sympathetic and kind*Stern approach - interrogator utilizes harsh language; questions must be answered clearly

346 C.associative evidence *Corpus delicti - proves that the crime existed (eg body of victim, dagger with blood and prints)*Tracing evidence - used in locating the suspect (eg aircraft or ship manifest)*associative evidence - links suspect to the crime*Deposition - type of documentary evidence; written record given verbally and transcribed

347 A. Remedial Law

348 B. Statutory Law

349 D. He must produce the statement taken and decide by himself the relevant points and its admissibility

"The physician must produce the statement taken and not to judge by himself the relevant points and its admissibility. It is the court which will decide on this matter."

350 C. when the place of residence is 30km or less from the court issuing the subpoena

increased to 100km*Physician need NOT comply if place of residence is >50 km (or 100 km accdg to Dr. Abet) from the court issuing the subpoena

351 C.That the privilege is claimed in a criminal case not in any civil proceedings

• Privileged communication can only be claimed in CIVIL cases but NOT in any criminal proceedings

352 B. Statement of fact which does not directly involve an acknowledgement of guilt

*Confession - with acknowledgment of guilt

353 D. Corpus delicti physical evidence: corpus delicti, associative,tracing; kinds of evidence: direct- proves fact in dispute without any aid of influence; circumstancial - maybe infered, probable consequences*Corpus delicti- objects or substances which may be a part of the body of the crime (eg. dagger with blood stains or fingerprints of suspect - verbatim in Solis Legal Med p. 16)

354 D. Direct

355 B. Dying declaration

356 A. There is prior stipulation by parties concerned that the test result will be considered admissible

p.27 Solis

357 A. Ordinary witness ordinary witness-personal knowledge; expert witness-deduction/inference358 B. Indirect contemptof court *Direct contempt - misbehavior in the presence of or near a court or judge

359 B. He will be arrested to compel his appearance

drug case- criminal case mandatory

360 B. Subpoena duces tecum records; choice C - to testify only

361 B. Expert witness

362 A. 100 kilometers in civil cases; choice D. in criminal cases

363 C. He must testify in the interest of justice,public safety and welfare as this involves a criminal matter

in the interest of justice

364 B. Evidence Rules of Court; see rule 128

365 A. The author cannot be presented as a witness to be

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subjected to cross examination366 C. Vicarious liability training, non training, employed; no qualification, thus, residents (moonlighters) are deemed ostensible agents of the

hospital, thus vicarious367 B. Mandatory PD 169

368 D. Director,Bureau of Licensing and Regulation,DOH

BME is no longer existent College of Medicine is now under CHED…see Sec. 3 Medical Act 1959*Correct answer is still B if we're going to base it on Solis

369 ? *Answer is ACOR is also not required of the ff in addition to choice A:-MDs from other countries called in consultation only in specific and definite cases (NOT all cases in any hospital)-Foreign MDs employed as exchange professorsin special branches of medicine or surgery-Medical students who have completed the first 4 years of med school may be given limited authorization by Sec of Health during epidemics or national emergencies

370 A. Police power to regulate; B. to take properties;

371 A. He is a duly-registered physician

B. Should be natural born citizen ; C. 10 years

372 C. Board of medicine Board of Medical Examiners Sec 1, MA 1959

373 B. Found guilty by the board of medicine of immoral or dishonorable conduct

A. must be conviction, not just in trial; C. must be declared of unsound mind, not appears to be only

374 C. Revised penal code Art. 365

375 D. Professional Regulation Commission

A. Civil/Criminal; B. Criminal; C. for hospitals

376 C. 2years sec. 27, MA 1959

377 C.Medical Jurisprudence

378 C. Administrative Oath A. symbolic; C. actual oath

379 C. Professional Regulatory Commission

A. medical school; D. medical school, no longer existent

380 A. Commission on Higher Education

CHED-now; BME-before; dilemma question book of Solis; answer now is letter A.

381 A. Age 19 years must be 21 years old

382 C. He is illegally practicing medicine in the country

383 ?

384 A. Must be licensed by the PRC

385 B. Provides that within the operating room the surgeon is the "Captain of the Ship"

386 A. A right for compensation on all cases

incidental only*Inherent rights - to choose patients (except in emergency); to limit practice, determine appropriate management and procedures; avail of hospital services*Incidental rights - right of way; exemption of execution of instruments and library; hold certain public or private offices; compensation; membership in medical societies

387 B. Includes all aspects of health law

A. different subject; D. forensic legal

388 C. Illegally practicing medicine sec. 10 for C, MA 1959*Affixing MD after one's name is considered practice of medicine, hence one who does it without being a graduate of medicine is illegally practicing medicine

389 A. Retainer fee

390 A. Law

391 A. To choose patients choices B,C,D - incidental*Inherent rights - to choose patients (except in emergency); to limit practice, determine appropriate management and procedures; avail of hospital services*Incidental rights - right of way; exemption of execution of instruments and library; hold certain public or private offices; compensation; membership in medical societies

392 A. The physician has superior knowledge over his patient

393 A. Action for collection filed by the physician against the patient

extrajudicial or judicial means to recover

394 A. If a person acted pursuance of his religious belief and the act is in accordance with the tenets of his church,it is deemed to be part of his religious freedom

constitutional right of religion

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395 A. Those who have complied with the prerequisites to the practice of the medicine in accordance with Sec.8 of the Medical Act of 1959

C. only during epidemic catastrophe

396 A. Bilateral tubal ligation non emergency; choices B,C,D are emergency cases, doctors may not be able to invoke right of Religion

397 B. Hospitalization of patient for a minor ailment

*Other choices are examples of quantitative overtreatment*Other examples of qualitative overtreatment: performing CS for an uncomplicated pregnancy; application of cast without justifiable reason

398 ? *Answer is B

399 C. Assumption of risk

400 ? *Answer may be B, because the beautician prescribes remedies, which is considered practice of medicine401 D. illegally practicing medicine A. In malpractice, offender is a duly registered MD

402 C. Naturopathist naprapathist- by manipulation on the assumption that all ailments are due to something wrong with the ligaments;neuropathist- regulating blood supply thru nerve mechanism above the affected area; masseuse- by hand or mechanical means

403 A. Contingent fee unethical; choice B- unethical; choice C&D-ethical*Contingent fee - fee depends upon the success or failure of the treatment. It's not explicitly stated in Solis whether this type of fee is ethical or not.

404 A. "Asumpsit on quanthum merit" based on services rendered reasonable

405 B. Doctrine of assumption of risk

406 D. Any duly licensed physician in private clinics

(medical officers of law enforcement agencies, health officers of local health departments, medical staff members of accredited hospitals)-all are authorized

407 A. reciprocity provisions of the medical law of the Philippines

408 C.illegally practicing medicine

409 B. Academically entitled to use MD

graduation confers the MD rank

410 B. their countries allow Filipinos to practice there

reciprocity

411 C. physicians from other countries doing medical missions in our country

wrong question - foreigners can have limited practice if they get an endorsement from the Board of Medicine; reciprocity vs endorsement

412 C. she should ask to be transferred to a facility consistent with her beliefs

this is a limitation provided by LAW

413 A. Fee splitting referred fee is a type of fee splitting

414 B. She is illegally practicing medicine

theoretically!

415 D. illegally practicing medicine

416 A. Not considered an act constituting practice of medicine

sec. 11 MA1959 Exemptions to sec. 10*Administering a household remedy is not considered a practice of medicine

417 ? *Answer is C

418 A. Illegal practice of medicine against him

419 ? *Answer may be A, since Man is prescribing a remedy (the special cancer diet).420 B. woman is guilty of inflicting

physical injuries421 A. Physical Examination

conducted for insurance purposes with prescription

no doctor's-patient relation -physician appointed by trial courts to examine and accused, autopsy examinations, in casual consultations during conferences*There's a relationship because MD gave a prescription

422 D. Attending physician refers the patient to another doctor

?

423 D. Therapeutic abortion services crime punishable

424 D. treatment will be gratuitous MD-Patient relationship does not imply any promise of the ff:- that treatment will be successful- that treatment will benefit the patient- that treatment will produce certain result- that treatment will not harm the patient- that MD will not commit errors in an honest way

425 C. mutual trust (or fiduciary; mutual consent-consensual) - nature of MD-Px relationship

426 A. active-passive mutual participation - OPD set up; guidance-cooperation - admitted px is coherent*Active-passive since patient is unconscious

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427 B. has average knowledge and skills

428 C. the period specified in the contract has expired

*Termination of physician patient relationship:1. Recovery of patient2. Withdrawal of MD provided that patient consented and given ample time to look for another MD3. Discharge of the MD by the patient4. Death of patient5. Death or incapacity of MD6. Fulfilment of obligations stipulated in the contract7. In cases of emergency, when the attending MD/ MD of choice of patient is available; or when there is cessation of the condition of emergency8. Expiration of the period, if the contract of the medical service is for a specific period9. Mutual agreement between the MD and patient that the MD-patient relationship is terminated

429 C. cases of emergency you cannot choose also in the remote areas where you are the only doctor but letter C is the better answer430 A.withdrawal of physician

without patient consentaccording to Solis consent & time and notice; my opinion is that consent should not be required, only ample time and notice.

431 C.absence of physician-patient relationship

432 D.he will testify but the lawyer cannot testify based on client relation*Privileged communication cannot be claimed in criminal cases

433 D.physician abandons the patient *Patient should give consent and be given ample time to look for another MD

434 B.one night a patient called a physician for consultation.the physician told the patient to take aspirin that and see him the following day.

435 A.Dr.P must posses the degree of skill knowledge possesd by a surgeon since he claim to be one.

436 D. Abandonment

437 C.privileged communication statutory privileged communication

438 D.premature termination of medical service when it is necessary.

*Termination of physician patient relationship:1. Recovery of patient2. Withdrawal of MD provided that patient consented and given ample time to look for another MD3. Discharge of the MD by the patient4. Death of patient5. Death or incapacity of MD6. Fulfilment of obligations stipulated in the contract7. In cases of emergency, when the attending MD/ MD of choice of patient is available; or when there is cessation of the condition of emergency8. Expiration of the period, if the contract of the medical service is for a specific period9. Mutual agreement between the MD and patient that the MD-patient relationship is terminated

439 A.mother who bring her child to the pediatrician for well-baby check -up.

*NO physician-patient relationship in the ff:• Pre-employment PE• PE for the purpose of determining eligibility for insurance• When MD is appointed by a trial court to examine the accused and to report whether the accused was insane• Surgeon performing an autopsy and the body of a dead person• Casual questions asked in an unordinary place (eg: reunions

440 D.professional privilege communication

441 ? choices A,B,C are all true, choice D is false

442 B.the information is not voluntary since he is under the influence of a drug

may be the better answer

443 A.hearsay evidence Not considered a dying declaration, because the declarant in this case was not the victim (it was his wife)444 B. dying declaration

445 B. muscular tension

446 D. none of the above

447 A. acceptable in court when made by a victim of crime

448 A. privacy

449 A. respect his choice

450 A. inform him or his condition now

to confidential information; disclosure of information

451 A. man

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452 ? when disclosure of information will serve public only*Answer is A• MD should guard with sacred trust anything that is private in nature or confidential that he may discover or may be communicated to him with his patients even after their death except when it’s required in the interest of public health, justice and public safety (not private)• Privileged communication can only be claimed in CIVIL cases but NOT in any criminal proceedings

453 D. All of the above

454 C. During an appendectomy, the surgeon discovers an abnormal ovary and decided to remove it

455 D. in an acute emergency when there is no time to discuss the situation in order to seek consent

emergency nature

456 C. the procedure is required by law

right to treatment and right to refuse except mandated by law

457 B. confidentiality if it is a civil case, order from the court required; criminal case, in the interest of justice, the lawyer has no personality458 B.Encourage the patient to open

dialogue with his wife459 D. Blanket

460 C. Subject matter must be legal

461 C. respect the parent's refusal of the life saving treatment

act of religion*Answer may be AAccdg to Solis, when minors are suffering from a condition which requires immediate treatment which is not acceptable to the parents on account of religious belief, it is recommended that a petition be filed in court to issue an order compelling the parents to agree, or to divest them of authority and place the child in a welfare institution or under a guardian.

462 A. administrative liability *Sanctions:-Administrative - reprimand, suspension, revocation-Criminal - imprisonment/fine-Civil – damages

463 ? *Answer is D - all of the above

464 A. Exemplary damages

465 A. Professional regulation Commission

466 A. Civil *Since Dr. L was required to pay damages

467 D. a pregnancy test done 3 days before the alleged abortion definitely ruled out pregnancy

468 C. 30

469 B. Proof beyond reasonable doubt

*Civil - preponderance of evidenceAdministrative - substantial evidence

470 A. Personal disqualification

471 D. none of the above

472 C. Indirect contempt of the court

473 A. Civil Liability only

474 ? no servant was borrowed, vicarious liability doctrine is the one applicable; the answer should be vicarious*Accdg to Dr. Rebosa, since the nurse is employed by the physician, and not merely temporarily under his supervision, then the doctrine applicable would be vicarious liability, instead of borrowed servant.

475 ?

476 D. Not be liable at all

477 ? resident physician & surgeon are both civilly liable; resident physician is criminally liable

478 B.administratively; C. Criminally both administratively & criminally

479 A. failure to visit the patient sufficiently after believing that the patient needed no further treatment

480 A. he can show that he applied his knowledge and skill with diligence and care

481 gross negligence

482 D. refusal to render treatment in emergency cases

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483 B. Slander Libel if defamatory statements are written/printed

484 A.Nominal nominal right was violated; liquidated-contractual/agreed upon; exemplary- to serve as example, to defer485 D. in case of emergency, the

attending physician is not readily available

code of ethics

486 A. Doctrine of proximate cause

487 A. administrative liability civil liability - damages; criminal liability - imprisonment/fine

488 B. six months indirect contempt - 1 to 6 months; direct - not more than 10 days

489 D.Issuance of false medical certificate

penal; (immorality, addiction to alcohol, unethical advertisement)- ethical

490 C. Prison Mayor

491 A. foreseeability precaution

492 C. immoral or dishonorable conduct

493 B. both the consultant and resident are liable for poor patient care

494 ?

495 A. reprimand, suspension or revocation of license to practice

*Sanctions:-Administrative - reprimand, suspension, revocation-Criminal - imprisonment/fine-Civil - damages

496 ? PD169 criminal liability (principal)

497 B. punishable by fine and imprisonment

*Criminal liability

498 B. gross negligence

499 ? it is indirect contempt

500 C. Indirect contempt of the court failure to obey orders of court; direct contempt of the court - inside or near premises of the court

501 B. Imprisonment PD169 criminal liability (principal)

502 ?

503 A. assumption of risk

504 C. refer the patient to a physician whose specially covers the case

505 A. the respondent must receive a copy of the charges against him within 15 days after filing such

Correct statement is- will answer within 15 days upon receipt of complaint

506 A. Res ipsa loquitor (radiologist only); C. vicarious liability

Res ipsa loquitor - radiologist only; radiologist - ostensible agent type of vicarious- vicarious if hospital is being asked; better answer letter C.

507 D. A and C

508 ? Recidivist - repeat offenders*Correct answer is A, according to Solis

509 A. Fee splitting

510 A. Dichotomous fee *Dichotomous fee is also known as fee splitting 511 C. conviction by court of an

offense involving moral tupitudemust be a crime of moral turpitude*Immoral or dishonorable conduct is classified under Personal Disqualification as a ground for suspension/revocation*Violation of the Code of Ethics, and False or extravagant advertisement is classified under Unprofessional Conduct*Choice C is classified under Criminal Acts (the correct answer)

512 B. "Trained at Mayo Clinic" *Advertisement which includes anything other than the MD's name, profession, limitation of practice, clinic hours, office and home address, can be considered false, extravagant or unethical.

513 A. she can charge the physician for immorality

514 B. Immorality *Not adultery, because both are unmarried

515 D. Pharmacy Law no sale of sample

516 C. refer the matter to the ethics committee as this involves the life of the mother and the fetus

517 C. Article 4- Duties of physicians to their colleague and to the profession

under the old codeArt. 4 Sec. 18 Code of Ethics

518 ? *D?

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519 D. Provision of the constitution regarding freedom of religion

520 B. accused of immoral and dishonorable conduct

should be found guilty, not just accused

521 A. Citizen of the Philippines *May also be a citizen of a foreign country, provided that there is reciprocity with that country522 C. The physician who arrived first

in answer to the family's call523 D. All of the above

524 A. All information should be held confidential and released to the referring physician

525 ? choices A & D - passive euthanasia; choices B & C - active euthanasia526 C. Contingent fees

527 A. Exculpatory clause

528 A. both the consultant and the resident are liable for poor patient care

529 A. Vicarious liability prior to 2007; corporate liability- after 2007

530 B. private hospitals have the right to screen and choose the medical staff that may be allowed to practice in the hospital

531 D. Post graduate interns

532 C. Public hospitals with government functions

state immunity

533 ? can be all of the above

534 A. hospital

535 C. Vicarious liability

536 ? right to compensation - right of the doctor*Answer should be D

537 B. medico-legal cases like car accidents

Justifiable grounds to refuse admission of patients in a hospital:1. All accommodations are filled2. The patient is chronically ill3. The patient needs only convalescent care4. There is no available accommodation for the clinical service that the patient is suffering5. The patient’s condition is contagious and a risk to other patients

538 A. mandamus Mandamus is the appropriate remedy for refusal of a record custodian to disclose clinical record contents to patients or an authorized representative.

539 B. Mandamus

540 B. Mandamus

541 C. teachers/professors substitute to parental authority*Correct answer is D - the hospital director cannot give consent for a minor.*The ff. May give consent for minors:-parents, then-grandparents (paternal before maternal), then-eldest brother or sister, provided they are of age-others: guardians, teachers and professors, heads of children's homes, orphanages or other similar institutions; directors of trade establishments with regard to apprentices

542 B. code of ethics of medical profession; C. licensure law

543 A. for research purposes

544 C. the unconscious patient is a casualty of a drag race

See #537

545 A. failure to select competent medical and nursing staff

*Answer should be DCorporate liability of the hospital may arise from the ff:- failure to furnish safe and well maintained buildings and ground- failure to furnish safe and reliable equipment- failure to exercise reasonable care in the selection of its medical and nursing staff

546 A. the patient consents to his withdrawal and is given ample time to secure the services of another physician

in accordance with Dr. Solis

547 A. Consultation in an out -patient

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basis548 B. Doctrine of res ipsa loquitor

549 C. knowingly issuing any false medical certificate

choices A, B & D are personal acts

550 A. the physician who performs the operation is not the physician to whom the patient gave his consent for the operation

551 D. All of the above no contribution on the part of the patient

552 B. nominal damages

553 A. reprimand, suspension or revocation of license to practice

554 C. he can refuse service if there is risk on his life

555 D. moral damages

556 C. giving assistance to suicide choice C. the dr. gave the poison only; murder if the dr. infused/administered the poison557 C.not giving tetanus toxoid to a

patient who stepped on a nail558 B. use of medical science to shed

light on some legal problems559 B. Assumtion of Risk

560 C. criminal negligence malpractice - very broad*Accdg to Solis, failure to use appropriate diagnostic tests is a specific act of malpractice, so choice D may also be correct.

561 ? the better answer is criminal negligence but medical malpractice is also correct

562 C. the gynecologist primary MD – captain

563 ?

564 B. Negligence

565 A. malicious neglect of duty lack of action

566 A. Doctrine of Contributory negligence

567 D. All of the above

568 ? A. anti-pharmacy act; B. unethical/administrative; D. violation of pharmacy act569 D. All of the above 4D's

570 C. his medical books amounting to 1 million

exempted including instruments(choice D)

571 B. Res ipsa loquitor

572 C. Refuse to treat an emergency

573 C. Res ipsa loquitor

574 ? *All three choices are correct

575 ?

576 B. Res ipsa loquitor

577 C. Forseeability in so far as the physician

578 A. assumption of risk patient assumes risk

579 B. continuing negligence on the part of the nurse/hospital

580 D. common knowledge common sense; not contributory negligence- no other negligent act except that of the father; in contributory negligence, 2 negligent acts are present

581 ? It should be doctrine of Assumption of risk*Accdg to Solis, this falls under Contributory negligence. Answer is still C.

582 A. independent contractor *Consultants are not ostensible agents, therefore doesn't fall under the hospital's vicarious liability

583 B. Mandatory PD169

584 C. physician-patient-hospital-paramedical relationship

585 A. criminal law

586 A. prison correccional Prision correccional, suspension, and destierro. — The duration of the penalties of prision correccional, suspension and destierro shall be from six months and one day to six years, except when suspension is imposed as an accessory penalty, in which case, its duration shall be that of the principal penalty (RPC)*Correct answer is D. All of the above

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587 C. infantile breast

588 ?

589 A. by hypnotism

590 C. Imhotep

591 C. arresto mayor plus fine RPC Art. 277

592 B. Child frequently misbehaves and cries often

593 A. the most practical, useful and reliable means of evidence preservation is photograph, audio or video tape, microfilm, photostat and voice tracing

594 D. moral damages A & B - compensatory/ can be computed with certainty; C - to serve as lesson/ to defer

595 A. wax

596 B. Overtreatment

597 C. Ficticious malingering *Answer should be D. Factitious malingering• Feigned or Fictitious Malingering – built up out of pure imagination and does not have the slight basis of fact.• Factitious Malingering –something really exists as a fact but is converted to a more serious disability or injury or to an exaggeration of the real complaint