Transcript
Page 1: Legal Medicine and Medical Jurisprudence

OUR LADY OF FATIMA UNIVERSITY

LEGAL/JURIS MEDICINE

1. Patient was aware that physician was drunk yet he allowed the doctor to inject him:A. doctrine of continuing negligence C. res ipsa loquitorB. vicarious liability D. captain of the ship

2. Patient Mr. Lee promised to pay Dr. B one million pesos if he us cured of his cancer. The professional fee to be collected by B refers to:

A. contingent fee B. package deal fee C. retainers fee D. simple contractual fee3. HIV patient takes experimental drugs despite unknown side effects:

A. doctrine of informed consent C. assumption of riskB. doctrine of foreseeability D. doctrine of contributory negligence

4. There is direct physical connection between the wrongful act of the Physician and the injury suffered by the patient:

A. Doctrine of proximate cause C. “Sine Qua now” testB. “But for” test D. “Substantial factor” test

5. Principle applied when the medical fee is not specified:A. “Asumpsit on quanthum merit” C. “Dura Lex sed Lex”B. “Lex Loci contract” D. “Sine Qua now”

6. Article 365 which deals with imprudence and negligence is a provision of:A. Civil code B. Medical Act 1959 C. Revised penal code D. Criminal Act of 1970

7. To which forum can an administrative complaint be filed against doctors?A. Regional Trial Court C. Department of healthB. National Bureau of InvestigationD. Professional Regulation Comission

8. Reprimand is a sanction imposed against a doctor when he is guilty of what liability:A. Administrative liability B. Civil liability C. criminal liability D. no liability

9. If the license of a physician is suspended indefinitely, after how long can he apply for reinstatement? A. 3 years B. 6 months C. 2 years D. it will depend on the pleasure of the Board of medicine10. What is the degree of proof/evidence needed to convict physician of a crime? A. Guilt beyond reasonable doubt C. Prosecution must prove that Dra. Gajardo got pregnant B. Preponderance of evidence D. Prosecution must prove that Dr. Gimenez is a medical doctor11. The study of licensure laws, regulatory laws and physician-patient relationship, is known in medical school curriculum as:

A. Legal Medicine B. Legal Ethics C. Medical Jurisprudence D. M<edical Ethics12. Which of the following does not affect a termination of physician-patient relationship?

A. withdrawal of physician without patient consent C. death of patientB. recovery of patient D. death of physician

13. A physician should never examine or treat hospitalized patient of another physician without the latter’s knowledge and consent except when:

A. the patient expressly asks him to do so in the absence of attending physicianB. he is a relative of the patientC. he will not changed the patient a professional feeD. in case of emergency, the attending physician is not readily available

14. A physician accused of criminal abortion was acquitted because:A. he was a duly licensed medical practitionerB. the woman plaintiff was emotionally unstableC. the product of conception could not be produced in courtD. a pregnancy test done 3 days before the alleged abortion definitely ruled out pregnancy

CASE: Mr. A brought his 3 yrs old son to a hospital. Dr. B, the admitting physician admitted the pediatric case to the medicine ward because the pediatric ward is full. During the night, the patient child was seen in the floor with a fractured skull resulting from a fall. It was found out that the bed was without railings. Mr. A wanted to sue Dr. B and the hospital.15. The doctrine applicable in this case would be:

A. Res ipsa loquitor B. Osiensible agent C. Forseeability D. Common knowledge16. Suppose before admission Mr. A was informed of the absence of railings to protect the child from fall: A. assumption of risk C. res ipsa loquitor

B. continuing negligence D. common knowledge17. Suppose Mr. A has already previously and repeatedly complained of the absence of railings to Dr. B but no attention was given to the complaint, which doctrine could be applicable?

A. assumption of risk C. contributory negligenceB. continuing negligence D. common knowledge

18. Suppose one day after an intramuscular injection a part of the needle was discovered protruding from the buttocks of the patient, what is the doctrine applicable? A. assumption of risk B. res ipsa loquitor C. contributory negligence D. continuing negligence

19. Originally there were railings on the bed of the patient. Mr A, the father removed the railings so that he himself can sleep on the bed. His child fell with a broken skull. What is the doctrine applicable: A. res ipsa loquitor C. contributory negligence

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B. borrowed servant doctrine D. common knowledge20. Patient leaves the hospital against advice:

A. Continuing Negligence C. Vicarious LiabilityB. Res Iplsa Loquitor D. Contributory Negligence

21. Common defense of the hospital are regards consultants liability to his private patients:A. Independent Contractor C. Captain of the ship doctrineB. Joint and several liability D. Vicarious liability

22. The reporting of treatment of serious physical injuries by a physician is:A. Voluntary B. Mandatory C. Case to case D. Every end of the month

23. Under the doctrine the hospital owner may be liable for the mistakes of the residents:A. Borrowed servant doctrine C. Vicarious liabilityB. Captain of the ship D. Fellow Servant doctrine

24. Which of the following laws is enforced by the state:A. Substantive law B. Moral law C. Divine Law D. Natural Law

25. A terminally ill patient is given an overdose of sedatives without his knowledge. What crime if any is committed by the doctor:

A. Murder C. HomicideB. No crime because ethically allowed D. Assisted Suicide

26. The bone which is most informative regarding the sex of the owner of the skeleton being examined is the: A. Skull B. Sternum C. Pelvis D. Femur27. The willful deliberate and painless acceleration of death of a person:

A. Parricide B. Euthanasia C. Homicide D. Infanticide28. The cause of death resulting from lack of skill, lack of foresight, and reckless imprudence is called: A. Homicide B. Accidental C. Murder D. Negligence29. When a body is the subject matter of a criminal investigation, it may be exhumed:

A. Anytime B. 3 years after burial C. 5 years after burial D. 10 years after burial30. Any change for the position of the cadaver will not change the location of this type of cadaveric lividity: A. Hypostatic B. Osmotic C. Diffusion D. Alteration31. Exhumation is also known as:

A. interment B. ground burial C. embalming D. disinterment32. Deep burial sites will make decomposition :

A. faster B. slower C. stationary D. negligible33. When blood accumulates in the most dependent portions of the dead body, it is called

A. primary6 flaccidity C. post-mortem lividityB. secondary flaccidity D. algor mortis

34. A missing person is presumed dead if he is not heard from for:A. 1 year B. 2 years C. 3 years D. 4 years

35. Musketry, electrocution, and hanging are examples ofA. dead body disposal C. sudden deathB. judicial death D. asphyxial death

36. If the physician performs euthanasia without the patients knowledge, he is guilty of:A. murder C. merciful killingB. nothing D. assistance to the commission of suicide

37. If a 3-day old unidentified child was intentionally killed with cruelty, and during a calamity, the offender may be changed with:

A. infanticide B. murder C. homicide D. parricide38. Cadaveric rigidity is also known as

A. Rigor mortis C. cadaveric spasmB. Algor mortis D. heat stiffening

39. The convict is put to death by a volley of fire from a firing squad in:A. mugging B. Muskety C. garroting D. murder

40. An unembalmed body should be buried not later than: (if the person died as a result of a natural cause): A. 12 hrs B. 20 hrs. C. 24 hrs. D. 48 hrs.41. An unembalmed body should be buried not later than: (if the person died as a result of a communicable disease): A. 12 hrs. B. 20 hrs. C. 24 hrs. D. 48 hrs.42. If one performed lawful act, and he did it with due care, and death occurred without intending to cause it, the death is

A. negligent B. homicide C. accidental D. murder43. Instantenous rigor is also known as

A. Rigor mortis C. post-mortem muscular irritabilityB. cadaveric spasm D. post-mortem rigidity

44. It is the prominence of the superficial veins with reddish discoloration due to the process of decomposition which develops on both flanks of the abdomen.

A. putrefaction C. Adiposer formationB. Marbolization D. Maceration

45. The microorganisms that plays a dominant role in decomposition isA. bacillus mesenterious C. chlostridium welchiB. bacillus coli D. bacillus proteus vulgaris

46. The following manner of death should be autopsied, EXCEPTA. suicides C. accidental deathB. death unattended by physician D. death occurring in natural manner

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47. A common law-husband who kills his common law wife with whom he has a 2 days old child can be prosecuted for

A. infanticide C. homicideB. parricide D. impossible crime

48. Presidential Decree 169 mandates all doctors to report all cases involving:A. slight and less physical injury C. less serious and serious physicalB. mutilation D. child abuse cases

49. When the color of the contusion changes to green, the contusion’s estimated age isA. 2-4 days B. 4-5 days C. 7-10 days D. 14-15 days

50. Fracture produced by a tangential or glancing approach of bullet:A. pond fracture C. gutter fractureB. indented fracture D. bursting fracture

51. This is a firearm which has a cylindrical magazine situated at the rear of the barrel which can accommodate five or six cartridge:

A. automatic pistol C. rifleB. revolver D. shotgun

52. Its main function is the transformation of mechanical energy by the hit of the firing pin on the percussion cap to chemical energy:

A. primer B. powder C. bullet D. projectile53. If the diameter of the gunshot wound point of entry is 1 cm x 1 cm the probable caliber of the firearm used is

A. 0.38 B. 0.22 C. 0.45 D. 9 mm54. The primer is usually made up of

A. lead, barium, antimony C. lead and antimonyB. lead and barium D. lead, barium and copper

55. Tattooing is also known asA. stippling B. soot C. smudging D. fouling

56. Factors which make the wound of entrance bigger than the caliber, exceptA. deformity of the bullet which enteredB. bullet enters the skin sidewiseC. acute angular approach of the bulletD. contraction of the elastic tissues of the skin

57. “Pugilistic” position of a boxer is associated withA. burns B. drowning C. asphyxia D. gunshot wounds

58. The average time required for death in drowning isA. 1-3 minutes C. 5-10 minutesB. 2-5 minutes D. 3-6 minutes

59. This is quantitative determination of the chloride content of the blood in the right and left ventricle of the heart:

A. Gettler’s test C. Winslow’s testB. Takayama test D. Loord’s test

60. The test which determines the whether semen is of human origin or not:A. biological test of farnum C. Berberio’s B. Ganguli’s method D. puramen reaction

61. It is an expressed acknowledgement by the accused in a criminal case of the truth of his guilt as the crime charged.

A. confession D. all of the aboveB. admission E. none of the aboveC. interrogation

62. The presence of weapon which is highly grasped by the hand of a victim of a shooting incident is an example of

A. Rigor mortis C. cadaveric spasmB. death stiffening D. cadaveric rigidity

63. Cases when trauma or disease kill quickly that there is no opportunity for sequel or complication to develop is known as

A. proximate cause of death C. immediate cause of deathB. secondary cause of death D. complete cause of death

64. The most practical, useful and reliable means of preserving evidence is byA. photography C. descriptionB. sketching D. manikin method

65. The comprehensive study of a dead body performed by trained physician employing recognized procedures and techniques is known as

A. Post-mortem examination C. medical examinationB. autopsy D. Post-mortem dissection

66. The principle used in the Magnus test for determining somatic death isA. no change in color of the fingerB. no change in the temperature of the fingerC. change in the color of the fingerD. change in the temperature of the torniqueted finger

67. When the body surface of corpse is pressed it leaves a flattened area due toA. absence of edema C. precipitated skin proteinsB. loss of elasticity of the skin D. absence of blood

68. Cutis Galina or Washer woman’s hands and feet on the corpse signifies that:

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A. the body has been in water for sometimeB. the body is that of a laundry womanC. the body died for drowningD. the body died for syphilis

69. Permission to disinter remains of persons who died of dangerous communicable diseases maybe granted after a burial period of

A. 4 years B. 5 years C. 6 years D. 7 years70. This is a medical evidence made known or addressed to the senses of the court no limited to the sense of vision, but is intended to the sense of hearing, taste, smell and touch

A. experimental evidence C. autoptic or real evidenceB. documentary evidence D. corpus evidence

71. The most prominent sign of death isA progressive fall of the body temperatureB. cessation of heart action and circulationC. cessation of respirationD. insensibility of body loss of power to move

72. The study of licensure laws, regulatory laws and physician-patient relationship, is known in medical school curriculum as:

A. Legal Medicine C. Medical JurisprudenceB. Legal Ethics D. Medical Ethics

73. A mental process whereby one or more persons appraise a situation and make a decision based on their judgement that may or may not lead to action is called:

A. Treatment B. Diagnosis C. Operation D. Analysis74. Faith healing is allowed as an norm of treatment modality in the Philippines. This is allowed on the basis of Constitutional guarantee on:

A. freedom of origin C. freedom of the pressB. freedom of expression D. freedom of sexual expression

75. The nature of liability against Dr. a would be:A. administrative B. civil C. criminal D. ethical

76. The venue with which to file the case in case Mr. Ty demands P1 million pesos as payment would be: A. Regional Trial Court C. Department of health

B. Professional Regulation commission D. All of the above77. The cost of the procedure to re-attach of Mr. Ty that was incided would be in nature of:

A. moral damages C. exemplary damagesB. actual damages D. all of the above

78. Mr. Ty suffered sleepless nights and wounded feelings as well as besmirched reputation.This kind of damage is referred to as:

A. actual damage C. exemplary damageB. moral damage D. attorney’s fees

79. Dr. A uttered vexing words against Dr. B defaming his personality and dignity. Dr. A maybe guilty of:

A. Libel B. Slander C. rumor mongering D. any of the above80. When a surgeon operates on a patient without consent, this constitutes an assault and even without proof of injury resulting, the plaintiff may recover what type of damage?

A. Nominal B. Moderate C. Exemplary D. Liquidated81. When is patient’s consent necessary?

A. in an emergency, patient need tracheostomyB. in a women diagnosed with ectopic pregnancy, it turns out be a case of acute appendicitis

and the surgeon decides to remove the appendixC. During an appendectomy, the surgeon discovers and abnormal ovary and

desiced to remove it.D. The colon was perforated during simoidoscopy and the surgeon decides on laparotomy to

undertake repair82. A physician may perform a diagnostic or therapeutic procedure without the consent of the patient or his relatives.

A. when the physician believes the procedure is necessaryB. when the patient is merely being stubbornC. when the patient is unconsciousD. in an acute emergency when there in no time to discuss the situation in order to

seek consent

83. A physician may apply a procedure even it is against the wishes of the patient ifA. the procedure is known to be safeB. the procedure is necessary for the good of the patientC. the procedure is required by lawD. there is implied consent by he patient’s spouse

84. The following are provisions of Penal Law wherein a physician may be hold criminally liable. Which provision specifically mention the physician as the wrong-doer?

A. defamationB. criminal negligence and imprudenceC. violation of the Dangerous Drug Act

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D. refusal to render treatment in emergency cases85. The testimony of an expert witness is NOT needed to prove a negligent act when which doctrine is applicable? A. res ipsa loquitor C. ostensible agent

B. borrowed servant D. captain of the ship86. Instances when a physician may NOT be held liable for abandonment.

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

B. failure to provide follow-up attentionC. refusal to attend a case for which he has assumed responsibility D. failure to arrange for a substitute during the attending physician’s absence

87. A physician cannot be held liable for the ill effect of his management procedure if A. he can show that he applied his knowledge and skill with diligence and careB. the doctrine of res ipsa loquitor is applicableC. the patient contributed to the ill-effectsD. the procedure is by its nature risky

88. A physician who gives an overdose of a drug may be charged forA. Immorality C. gross negligenceB. Dishonorable conduct D. incompetence

89. One of the grounds for the suspension or revocation of the certificate of registration of a physician on account of a criminal act is

A. immoral or dishonorable conductB. violation of the Code of ethicsC. conviction by court of an offense involving moral turpitudeD. false, extravagant or unethical advertisement

90. A balikbayan physician puts up a sign board at his clinic. Which is unethical?A. “Disease of Women and Children” C. consultation hours 9-11 a.m.B. “Trained at Mayo Clinic” D. consultation by appointment only

91. The mistress of a married physician sought redress from the Board of Medicine when the physician left her for another woman. Which statement is VALID?

A. she can charge the physician for immorality C. she has no right to complainB. she can accuse him for adultery D. she can charge him of abandonment

92. An unmarried physician was discovered having sex with an unmarried nurse. He may be charged before the Board of medicine for

A. Seduction B. Immorality C. Adultery D. reckless imprudence93. The prohibition and imposition of penalty on physicians who sell medical samples gratuitously given to them by drug promoters is embodied in

A. Medical Act 1959 as amended C. Revised Penal CodeB. Revised Administrative Code D. Pharmacy Law

94. The element of deceit is required in case of:A. forcible obduction C. simple seductionB. consented obduction D. qualified seduction

95. The spinning motion of the bullet, its rough surface, and the imagination of the skin, all produce the: A. Tattooing B. Rifling C. Contusion collar D. smudging96. The skin is whitened, macerated and wrinkled in:

A. cutis anserina C. washerwoman’s skinB. saponification D. contact flattening

97. Sexual intercourse is NOT necessary in this crime:A. Abduction B. Seduction C. Adultery D. Concubinage

98. Virginity is a requirement in this crime:A. simple seduction C. qualified seductionB. forcible abduction D. white slave trade

99. The laceration involving more than half of the hymenal height but does not reach the hymenal based is called:

A. Superficial B. Deep C. Complete D. Complicated100. Stippling is caused by:

A. Flame B. gunpowder residue C. smoke D. bullet

REFFERENCE BOOK: SOLIS


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