LEGAL MEDICINE -branch of medicine that deals with the application of medical knowledge to the purposes of law and in the administration of justice
MEDICAL JURISPRUDENCE deals with the aspect of law and legal concepts in relation with the practice of medicine
MEDICAL JURISPRUDENCE includes: Licensure and regulatory laws; Physician-patient-hospital relationship together with the other paramedical personnel, their rights, duties and obligations;Liabilities for non-compliance with the law.
PURPOSES To protect the public from charlatans;To promote professionalism and foster professional interrelationship;To develop awareness of the rights, duties and obligations of the patient, physician, and the hospital;To control the increasing number of medical malpractice suits against physicians;To explain the purpose and procedure of certain legislation;To study the need to amend, repeal our health care laws in harmony with the recent scientific and social development.
ADVERSARIAL TRIAL SYSTEM Philippine courts is a court litigation where there is competition of inconsistent version of facts and theories in law during trial;Each party to the contest is given equal opportunity to investigate the case, gather and present all proofs in support of his allegation, and give argument that his contention is correct ;Ultimate purpose is for a just solution.
.it often undermines the pursuit of truth as the opposing parties seek to win at all cost without the obligation to reveal the facts which may be detrimental to their case. The lawyer aims to win the fight not to help the court discover facts or establish the truth.
SOURCES OF LAW ConstitutionLaws enacted by the legislative bodyDecrees, Orders, Proclamation, Letters, CA, BP, RAAdministrative acts, orders, Rules and RegulationLocal customsGenerally accepted principles of International law
LAW AND THE PRACTICE OF MEDICINE The State must maintain high standard of practice by setting up rules and regulations with regards to qualifications and procedure for the admission to the profession. These are legal safeguards to guarantee the safety of the patient and impose liability to the practitioner who through his act or omission causes damage or injury to the health and welfare of the patient.The right to regulate the practice of medicine is based on the police power of the state.
LICENSURE AND REGULATORY LAWS ADMINISTRATIVE BODIESBOARD OF MEDICAL EDUCATIONPrimarily concerned with the standardization and regulation of medical educationPROFESSIONALREGULATIONS COMMISSIONSTo have general supervision and regulation of all professions requiring examinations which includes the practice of medicineBOARD OF MEDICINEIts primary duties are to give examinations for the registration of physicians and supervision, control and regulation of the practice of medicine
BOARD OF MEDICAL EDUCATION Composition:Chairman - Secretary of EducationMembers - Secretary of Health Director, Bureau of Private Schools Chairman, Board of Medicine Representative, PMA Council of Deans,APMC Dean, UP-College of Medicine Functions:1.To determine and prescribe the requirements for admission into a recognized college of Medicine;2. To determine and prescribe requirements for the minimum physical facilities;3. To determine and prescribe the minimum number and qualifications of teaching personnel;4. To determine and prescribe the minimum required curriculum;5. To authorize the implementation of experimental curriculum;6. To accept applications for admission to a medical school;7. To select, determine and approve hospitals for training;8. To promulgate, prescribe and enforce the necessary rules and regulations.
PROFESSIONAL REGULATIONS COMMISSION Composition: Commissioner Two Associate CommissionerExercise of Power and Functions of the Commission -exercise general administrative, executive and policy-making functions for the whole agency
BOARD OF MEDICINE Composition:Six members appointed by the president from alist submitted by the Executive Council of the PMA.Qualifications:-Natural-born citizen;-Duly-registered physician;-In the practice of medicine for at least 10 years;-Of good moral character and of recognized standing in the medical profession as certified by PMA;-Not a member of any faculty of any medical school (including any pecuniary interest).
Powers, Functions and Responsibilities:
1.To determine and prepare the contents of the licensure examinations;2. To promulgate such rules and regulations for the proper conduct of the examinations, correction and registration;3.To administer oath;4.To study the conditions affecting the practice of medicine;5.To investigate violations, issue summons, subpoena and subpoena duces tecum;6.To conduct hearings or investigations of administrative cases filed before them;7.To promulgate decisions on such administrative cases subject to the review of the Commission;8.To issue certificate of registration;9.To suspend, revoke or reissue certificate of registration for causes provided by law or by the rules and regulations promulgated;10.To promulgate, with the approval of PRC, rules and regulations in harmony with the provisions of the Medical Act of 1959 and necessary for the proper practice of medicine.
ADMISSION TO THE PRACTICE OF MEDICINE Prerequisites:1. Minimum age requirement -at least 21 years of age2. Proper Educational Background Requirements for Admission in the College of Medicine Holder of a Bachelors degree; Not convicted of any crime involving moral turpitude; Certificate of Eligibility from the Board of Medical Education; Good moral character.
3. Examination Requirements -must have passed the corresponding Board ExaminationPreliminary Examination -At least 19 years of age; - Of good moral character; -Have completed the first two years of the medical course;Final or Complete Examination -Citizen of the Philippines or of any country who has submitted competent and conclusive - documentary evidence confirmed by the DFA showing that his countrys existing laws permit citizens of the Philippines to practice medicine under the same rules and regulations governing citizens thereof (RECIPROCITY RULE).
4. Holder of certificate of registrationNo issuance to any candidate who has been: -Convicted by a court of competent jurisdiction of any crime involving moral turpitude; -Found guilty of immoral or dishonorable conduct after investigation by the Board of Medicine; -Declared to be of unsound mind.
Scope of Examination: Preliminary - Anatomy and HistologyPhysiologyBiochemistryMicrobiology and ParasitologyFinal - Pharmacology and Therapeutics Pathology Medicine Obstetrics and Gynecology Pediatrics and Nutrition Surgery and Ophthalmology, Otorhinolaryngology Preventive Medicine and Public Health Legal Medicine, Ethics and Medical Jurisprudence
PRACTICE OF MEDICINE What is the practice of medicine?It is a privilege or franchise granted by the State to any person to perform medical acts uponcompliance with law, that is, the Medical Act of 1959 as amended which has been promulgated by the State in the exercise of police power to protect its citizenry from unqualified practitioners of medicine.It is diagnosing and applying and the usage of medicine and drugs for curing, mitigating, or relieving bodily disease or conditions.
ACTS CONSTITUTING THE PRACTICE OF MEDICINE (pursuant to Sec.10, Art. III of the Medical Act of 1959 as amended):
A) who shall for compensation, fee, reward in any form paid to him directly or through another, or even without the same, physically examine any person, and diagnose, treat, operate or prescribe any remedy for human disease, injury, deformity, physical, mental, psychical condition or any ailment, real or imaginary, regardless of the nature of the remedy or treatment administered, prescribed or recommended; B) who shall by means of signs, cards, advertisement, written or printed matter, or through the radio, television or any other means of communication, either offer or undertake by any means or method to diagnose, treat, operate, or prescribe any remedy for human disease, injury, deformity, physical, mental or psychical condition;C) who shall falsely use the title of M.D. after his name, shall be considered as engaged in the practice of medicine.
By DECISIONS OF COURTS are not considered to constitute practice of medicine:a) One who takes bp reading;b) Application of medicated massage;c) Hospital;d) Nurse anesthesist
ExemptionsBy PROVISIONS OF LAW are not considered to constitute practice of medicine (Sec.11, Art. III, Medical Act of 1959 as amended):a) Any medical student duly enrolled in an approved medical college; b) dentist;c) physiotherapist;d) optometrist;e) Any person who renders any service gratuitously in cases of emergency or in places where the services of a physician, nurse or midwife are not available;f) Any person who administers or recommends any household remedy as per classification of existing Pharmacy Laws;g) Clinical psychologist with the prescription and direct supervision of a physician; Prosthetist.
Faith Healing -There is nothing in the Medical Act of 1959 exempting it from the definition of the acts which constitute practice of medicine;-Related to constitutional guarantee to religious freedom (freedom to believe and freedom to act in accordance with ones belief);-Acted in pursuance of his religious belief and with the tenets o