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LEGAL MEDICINE AND MEDICAL JURISPRUDENCE Physician’s Licensure Examination May 30, 2010; 1:00pm 5:00pm
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1. A complaint against a physician employed in a government hospital, in connection with the performance of his job as such should properly, considering original jurisdiction, be filed with: A. B. C. D.
the physician’s mother unit; the PRC; the Civil Service Commission; any of the above.
2. The branch of medicine which deals with the application of medical knowledge to the purposes of the law and in the administration of justice is known as: A. B. C. 3.
In medical school curriculum, medical jurisprudence includes the study of: A. B. C. D.
4. medicine.
licensure laws regulatory laws physicianpatient relationship all of the above
There is no significant difference between medical jurisprudence and forensic A. B.
5.
crime scene investigation profiling medical jurisprudence
True False
A medical jurist must necessarily be both a lawyer and a doctor. A. B.
True False
6. A physician who got romantically involved with his patient after he treated the latter, should be sanctioned for unethical conduct. A. B. 7.
Yes No.
The degree of care required of a doctor in attending to his patient is: A. B. C.
ordinary care, after all, a doctor can only do so much diligence of a good father of the family same care used by any other reasonably competent doctor given the same circumstance
8. A psychiatrist was presented as witness in court and testified on a car accident that she saw while driving on her way to the hospital where she holds clinic. What kind of witness is she? A. B. C.
expert witness eye witness professional witness
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LEGAL MEDICINE AND MEDICAL JURISPRUDENCE Physician’s Licensure Examination May 30, 2010; 1:00pm 5:00pm
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9. A psychiatrist testifying about the psychological incapacity of a respondent in a case for nullity of marriage is in violation of the doctorpatient confidentiality. A. B.
True False
10. Dr. Santos, a Filipino has acquired U. S. citizenship and now has a thriving cosmetic surgery practice in California. He returned to the Philippines to set up a clinic. Can he validly do that as though he never left the Philippines and never acquired U.S. citizenship, without complying with certain legal requirements such as proving that he was in good standing prior to his departure, has paid his professional dues, etc.? A. B. C.
Yes No It depends
11. A doctor who left his wife to be with another woman who herself is married, may be found to be morally unfit to continue practicing medicine. A. B. C.
Yes No It depends
12. Mr. A passed the physician licensure exam. Before he could take oath to be a fullfledged doctor, a woman wet to the Board of Medical Examiners to inform the Board that she intends to file a complaint for child abuse for failure to provide support. The Board may withhold the issuance of the Certificate of Registration based on said information. A. B.
True False
13. A certificate of registration shall not be required of a physician in order to practice medicine here in the Philippines in the following instances: A. an American doctor who is part of the Visiting Forces Agreement, attending to his fellow soldiers in Mindanao; B. a doctor working with the World Health Organization; C. a doctor who happened to be vacationing in the Philippines and found himself in the midst of survivors of typhoon Ondoy; D. all of the above. 14. In imposing certain conditions for a person to be eligible to practice medicine, the State is exercising parens patriae. A. B. 15.
Of the following, one is not included as an aspect of forensic medicine: A. B. C.
16.
True False
legal and ethical duties of physicians medicolegal assessment of injuries to the person assessment of the monetary equivalent of the injury sustained by a person
In an injury case, “proximate cause” is synonymous to “legal cause”.
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LEGAL MEDICINE AND MEDICAL JURISPRUDENCE Physician’s Licensure Examination May 30, 2010; 1:00pm 5:00pm A. B.
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True False
17. In some jurisdictions, “sine qua non” rule is used interchangeably with “substantial factor” formula to determine proximate cause. A. B.
True False
18. The following are possible liabilities of a doctor in respect of the practice of his profession: A. B. C. D. 19.
criminal liability civil liability or tort administrative liability all of the above
Which of the following pertaining to mental illness is incorrect? A. B. C.
may be a mitigating circumstance may be an exempting circumstance may be aggravating
20. Mr. X was seen wandering around aimlessly in dirty tattered clothes, talking to himself. He was later picked up as a suspect in a homicide investigation. At the trial, his lawyer, a public defender, presented a witness who testified that he saw Mr. X in such state, around an hour before he was picked up as a suspect. The Judge considered such defense as mitigating circumstance. Was the Judge correct? A. B.
Yes No
21. In an administrative case against a doctor who was charged with oppression, for maltreating his staff, substantial evidence is required to hold the doctor administratively liable A. B.
True False
22. In cases pertaining to the declaration of nullity of marriage, the psychological incapacity which is often used as ground for nullity is synonymous with insanity. A. B. C.
True False It depends
23. Patient Y entered into an agreement with Dr. A whereby the latter was to perform cosmetic surgery upon Y. The fee will depend upon the success of the procedure. The arrangement is one of: A. B. C. D.
contingent basis quantum meruit socialized fee structure pro bono
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LEGAL MEDICINE AND MEDICAL JURISPRUDENCE Physician’s Licensure Examination May 30, 2010; 1:00pm 5:00pm
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24. Under the same set of facts as in the immediately preceding question, if the surgery was unsuccessful but Dr. A tried to collect from Y on the basis of amount he advanced for some medicines and the time he spent in performing the procedure. Dr. A’s basis for collection is: A. B. C.
partly contingent quantum meruit none of the above
25. A physician is ethically bound to perform medical service to a seriously wounded person whom he knows is a criminal and in fact sustained said injuries while committing a crime. A. B. C.
True False It depends
26. You happen to be an activist who believes in the cause of the leftist group. While vacationing in a remote province, a rebel who sustained gunshot wounds was brought to you for treatment. After successfully treating the rebel patient, you did not report the matter to the authorities. You reasoned that the rebel was fighting for a worthy cause and not reporting the incident is a form of support for the cause he was fighting for. Your position is: A. B. C.
Tenable Untenable It is a moral issue
27. A doctor is the subject of a complaint for failure to properly diagnose a patient, which failure eventually caused the patient’s death. In order to hold the doctor criminally liable and obtain speedy remedy, the complaint should be filed with: A. B. C.
the National Bureau of Investigation the Office of the City or Provincial Prosecutor the PRC
28. A doctor who repeatedly fails to pay his debts and when sued continued to evade court summons may face charges for gross immoral conduct warranting disciplinary action. A. B. C.
True False Incurring debts has no relation to the doctor’s professional competence
29. Dr. X is usually late coming home and his wife would nag him. Having been fed up with the nagging, Dr. X pushed his wife causing the latter to fall and hit her head on the corner of a table. She sustained some injuries. The wife later went to the PRC to file a complaint for revocation of her husband’s license. His defense was that the incident is entirely unrelated to the practice of his profession and therefore, the complaint should be dismissed. Dr. X’s position is A. B. C.
Correct Wrong It depends
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LEGAL MEDICINE AND MEDICAL JURISPRUDENCE Physician’s Licensure Examination May 30, 2010; 1:00pm 5:00pm
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30. A doctor could no longer bear to see his wife suffer from indescribable pain caused by cancer. He loves her so much and he promised her that he would do anything to save her from pain. Without even consulting his wife, the doctor gave his wife a large amount of sedative hoping that it was enough to cause her to go to sleep and not wake up anymore which is what actually happened. One of their children who hate the father may properly file a complaint for: A. B. C.
Homicide Parricide None of the above because it was a sublime act of mercy
31. A doctor who is not a lawyer was asked by the Supreme Court to assist the Court in a case that was being heard that involves a high profile malpractice claim. The doctor is A. B. C. D.
an expert witness amicus curiae eyewitness may be A & B
32. For a witness to be credible and his testimony given weight, his entire testimony must be accurate, detailed and free from uncertainties or inconsistencies. A. B.
True False
33. The application of the doctrine of res ipsa loquitor is limited to circumstances where direct evidence is absent or not readily available. For instance, rubber was found inside the body of a patient after she underwent cesarean section. Since procedure was under the direct control of the respondent doctor; there was no direct evidence as to how the rubber found its way inside the patient’s body; and patient underwent no other operation, the rubber found inside the patient’s body could not have been due to any other cause but the cesarean section performed. Is this an accurate explanation of the doctrine? A. B. C.
Yes No No longer applied in medical cases
34. A physician is required to serve the interest of his patient with the greatest solicitude, giving him always his best talent and skill. This is a provision of: A. B. C.
The Medical Act The Code of Ethics of the Medical Profession requires The Civil Code
35. The primary objective of the medical profession is the preservation of life and the maintenance of health of the people. A. B. C.
True False There is much more to it such as delaying aging
36. Captainofthe ship doctrine no longer finds application in medical cases here in the Philippines especially because in the U.S. the trend is to veer away from it.
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LEGAL MEDICINE AND MEDICAL JURISPRUDENCE Physician’s Licensure Examination May 30, 2010; 1:00pm 5:00pm A. B. C.
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True False There never was such doctrine
37. A man stated in his will that upon his death, his eyes and kidneys should be donated to qualified individuals or institutions. He died in a vehicular accident. Immediately, his eyes and kidneys were donated to qualified patients. However, when his will was probated, one of the heirs questioned the due execution of the will. The organs donation will be adversely affected because of the question on the validity of the will. A. B.
True False
38. There is no employeremployee relations between a consultant and a hospital where the consultant maintains a clinic. A. B. C.
True False It depends on the facts and circumstances of each case
39. In the landmark case of Agana vs. Professional Services, Inc. (PSI), the Supreme Court found the hospital liable. Did the Court change its mind and junk its earlier ruling in the case of Ramos vs. Court of Appeals (G. R. No. 124354, 11 April 2002)? A. B. C.
Yes No The circumstances obtaining in the two cases are different.
40. In holding a hospital liable to a patient for the negligence of its consultant, the doctrine applied is one of : A. B. C.
captain of the ship ostensible agency assumption of risk
41. A physician was sued for homicide which resulted from his failure to exercise the degree of care required of him. He attended to the delivery of a woman even though he was drunk, having just come from a drinking party. What degree of evidence is required to prove his criminal liability? A. B. C.
substantial evidence preponderance of evidence proof beyond reasonable doubt
42. A doctor who was not the attending but was the admitting physician of a stabbing victim, may testify at the trail of the accused who allegedly stabbed the victim. A. B. C. 43.
Yes No It depends on what he will testify on
An action for damages arising from malpractice, against a physician is a: A. B. C.
civil case administrative criminal
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LEGAL MEDICINE AND MEDICAL JURISPRUDENCE Physician’s Licensure Examination May 30, 2010; 1:00pm 5:00pm
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44. A victim of a shooting incident was taken to a hospital. When he realized after the shock wore off that he was in the hospital, he escaped because he was afraid that his identity as a criminal will be discovered. While escaping, he died. There is negligence here. A. B. C.
by the hospital in failing to carefully guard its patients the person who brought the patient to the hospital, for just leaving him there contributory negligence on the part of the patient
45. Under Republic Act 4224, a candidate for Board examination must be of sound mind. The other qualifications are as follows, except for one: A. B. C. D.
good moral character shall not have been convicted by a competent court of a crime involving moral turpitude shall have resided in the Philippines for at least a year prior to taking the exam shall be a holder of a degree of Doctor of Medicine
46. A physician conducting research which requires a different kind of training, preparation and expertise from that acquired in medical school may be liable for professional misconduct, especially if the findings are not supported by sufficient data and were questioned by the subjects/respondents of the research. A. B. C.
Yes No The physician does not require special qualification to research on the health of the people.
47. The doctorpatient confidentiality may be waived by the doctor, depending on his own discretion. A.: B.
True False
48. In an action for damages in a civil suit against a doctor who was acquitted of homicide, the degree of evidence required to prove liability is: A. B. C.
Substantial evidence Proof beyond reasonable doubt Preponderance of evidence
49. A doctor who examined a patient when required to testify for the prosecution may only testify on the results of the examination he conducted on the said patient. However when asked, he may also render a medical opinion on a matter related to the patient’s condition. A. B. C.
Yes No He can only testify if he is a government doctor
50. A patient consulted Dr. A and in the course of the consultation, the patient admitted that he is being treated by another doctor but would like to get well as fast as possible. Would it be proper for Dr. A to treat the patient while undergoing treatment with another doctor?
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LEGAL MEDICINE AND MEDICAL JURISPRUDENCE Physician’s Licensure Examination May 30, 2010; 1:00pm 5:00pm A.: B.:
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Yes No
51. The preferred thoracoabdominal autopsy incision which allows greater maneuverability and access to the internal organs is the A. Ishaped incision B. Tshaped incision C. Ushaped incision D. Yshaped incision 52. Weights of various organs during the autopsy are obtained by A. Excising and weighing them individually B. Taking the body weight and computing the organ weights based on bodyorgan proportionality C. Gross estimation based on palpation and appearance D. any of the above 53. The “hospital” or “clinical” autopsy A. does not require a written consent from the nextofkin B. is for suspicious and violent deaths C. determines manner of death D. is mainly for teaching and research purposes 54. Deaths which require further investigation include the following except A. all vehicular accidents B. all deaths of inmates, incarcerated or institutionalized individuals C. all deaths within 24 hours of hospital stay D. all deaths occurring in the workplace
55. Examination of a dead body at the scene includes the following except A. fingerprinting B. preliminary assessment of the wounds if any C. observations regarding algor, rigor and livor mortis D. documentation of the body’s position 56. Personal property found on or with a dead body A. must be turned over to the police as evidence B. must be described and inventoried C. must be buried or cremated with the body D. all of the above 57. A 33year old female was previously diagnosed to have advanced cervical cancer for which she was operated on and given adjuvant radio and chemotherapy. She developed difficulty of breathing while at her home and was rushed to the hospital. She was found arrested at the emergency room and could not be revived. The underlying cause of death is A. complications of radio and chemotherapy B. acute respiratory failure C. cervical cancer D. multiple organ failure
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LEGAL MEDICINE AND MEDICAL JURISPRUDENCE Physician’s Licensure Examination May 30, 2010; 1:00pm 5:00pm
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58. If a surgeon testifies in court regarding some purely factual evidence regarding his surgical procedure he/she is A. a medical witness B. an ordinary witness C. an expert witness D. a professional witness 59. A 25year old male was on a motorbike when he collided with a bus and was run over. His left leg had to be amputated below the knee. A. The surgically amputated knee has to be sent to pathology B. A death certificate should be issued for the left leg C. The time of amputation is the surgeon’s pronouncement of time of death in the certificate D. All are true 60. A patient operated on for an elective procedure suffers from cardiorespiratory arrest intraoperatively and does not recover. Investigation includes A. a peer review of the surgical and anesthetic procedures B. examination of the oxygen tank and tube, syringes and drug vials C. a forensic autopsy D. all of the above 61. A properly accomplished death certificate attests to the following except A. fact of death B. identity of the deceased C. manner of death D. no exception 62. If despite a thorough, objective investigation a definite manner of death cannot be arrived at, the death is classified as A. unknown B. undetermined C. unresolved D. unnatural
63. A criminalist A. is a criminologist B. is a crime investigator C. studies criminals and their behavior D. is a criminal profiler 64. Wet blood stains are best preserved by A. freezing B. drying C. irradiating D. all of the above 65. In packaging crime scene evidence, wet evidence should be A. dried at the scene and packaged in plastic B. dried at the scene and packaged in paper C. dried at the lab and packaged in plastic
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LEGAL MEDICINE AND MEDICAL JURISPRUDENCE Physician’s Licensure Examination May 30, 2010; 1:00pm 5:00pm
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D. dried at the lab and packaged in paper 66. A screwdriver used to pick a lock is scratched and leaves pieces of metal behind. This is an example of A. pattern evidence B. toolmark evidence C. Locard’s Exchange Principle D. All of the above 67. A special type of microscope that allows two separate objects to be viewed simultaneously in the same ocular is known as A. Compound microscope B. Dissecting microscope C. Comparison microscope D. Scanning electron microscope 68. This type of microscope (No. 17 above) is used in the forensic analysis of A. toolmarks B. hair samples C. fired cartridge casings D. All of the above 69. When estimating postmortem interval, which of the following is least useful? A. gastric contents B. insect colonies C. rectal temperature D. postmortem hypostasis 70. Estimation of age can be done through A. fingerprints B. tattoos C. dentition D. DNA analysis 71. If the environment is moist and warm the body will most likely A. mummify B. develop adipocere C. skeletalise D. none of the above 72.. Algor mortis is faster if A. The individual was septic B. The body is in a fetal position C. The body is attired in shirt, jacket, pants and socks D. The body is exposed to rain 73. When charred bone fragments were subjected to DNA analysis the lab report indicated that “no human DNA was detected.” This means that A. the bone fragments are not human B. the test is inconclusive C. it is impossible to determine if the bones are of human origin or not D. none of the above 74. Marking injuries on a reference anatomic diagram best illustrates A. the position of the assailant during the assault B. the position of the victim during the assault
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LEGAL MEDICINE AND MEDICAL JURISPRUDENCE Physician’s Licensure Examination May 30, 2010; 1:00pm 5:00pm
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C. intent of the assailant to maim or kill D. the distribution of the injuries on the body 75. Close examination of wounds is important because they could give information as to A. the sex of the assailant B. whether the assailant is right or lefthanded C. the type of weapon used D. the motive for the attack 76. If a scalp wound shows intact hair follicles, crushed margins, and intact tissue strands across the wound, it must be A. an incised wound B. a laceration C. a superficial cut D. a projectile injury 77. The dimension of a stab wound most useful to characterize the nature of the weapon used to injure a victim is A. depth B. width measured with the stab wound gaping C. length measured with the wound edges pushed together D. all are true 78. The caliber of the bullet can be determined from A. the dimensions of the entrance wound B. the dimensions of the exit wound C. the abrasion collar D. none of the above 79. The trajectory of a bullet wound determined from an autopsy of the body indicates A. the position of the victim when the gunshot wound was sustained B. the position of the shooter C. whether the shot was intentional or accidental D. the bullet’s path inside the body in the reference anatomic position 80. A selfinflicted intentional gunshot wound of the right temple implies A. right hand dominance B. left hand dominance C. no relation to the individual’s dexterity D. probable accidental fire 81. The presence of multiple gunshot wounds from a handgun A. is possible in suicide B. is always homicide C. is consistent with accidental fire D. is never selfinflicted
82. Lifting of gunpowder residues with paraffin wax and testing for nitrates using diphenylamine A. is a quantitative test B. is obsolete C. reliably determines if an alleged shooter fired a gun or not
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LEGAL MEDICINE AND MEDICAL JURISPRUDENCE Physician’s Licensure Examination May 30, 2010; 1:00pm 5:00pm
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D. can be done as long as the test is performed within 24 hours after the shooting incident 83. Close range of fire in gunshot wounds is best indicated by A. collar of abrasion around the entrance wound B. stippling or tattooing C. soot deposits in the entrance wound D. the shooter’s actual confession 84. If a projectile injury of the cranium shows an outer table defect smaller than that of the inner table (internal beveling), this is A. an entrance wound B. an exit wound C. contact fire D. caused by a handgun 85. The appearance of handgun wounds is affected by the following except A. hot gases B. smoke C. unburnt propellant D. wad 86. “Defense” gunshot wounds are recognized as such mainly because of their A. location B. range of fire C. number D. all of the above 87. Physical evidence in a shooting incident includes A. the skin around an entrance wound removed during surgical debridement B. the bullet or bullet fragments recovered from the body C. clothing worn by the victim D. all are true 88. Which of the following is true about hymenal findings? A. They can corroborate allegation of penetration in children B. They have limited use in confirming sexual assault in adult women C. They are difficult to interpret due to anatomic variations and the inexperience of the examining physician D. All are true 89. The telltale signs of child abuse are most typically seen in the A. skin and bones B. bones and internal organs C. eyes and skin D. mouth and genitalia 90. Signs of recent injury to the hymen except A. edema B. redness C. lacerations D. dilatation 91. Genital features useful in assessing a woman’s sexual history
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LEGAL MEDICINE AND MEDICAL JURISPRUDENCE Physician’s Licensure Examination May 30, 2010; 1:00pm 5:00pm
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A. hymenal diameter B. the prominence of the rugosities of the vaginal mucosa C. whether the hymen is intact or not D. none of the above 92. Absence of genital injuries after sexual assault could be due to A. a nonresisting victim B. a nonaggressive assailant C. limitations of the forensic examination D. all of the above 93. The best time to perform a forensic sexual assault examination is A. right after the incident B. within 24 hours of the incident C. not more than 72 hours after the incident D. anytime; postinjury interval does not matter 94. The following are seen in badly burned bodies except A. heat fractures B. pugilistic attitude C. skin splitting D. no exception 95. When releasing a body from suspension it is best to A. Undo the knot around the neck B. Undo the knot where the body is suspended from C. Cut away from the knot D. Leave the ligature around the neck during transport for removal at the hospital 96. Postmortem testing for which of the following is still useful in confirming death from asphyxia: A. Diatoms in tissues B. Amount of magnesium in the blood C. Percentage carboxyhemoglobin level D. Oxygen and carbon dioxide levels in the blood 97. The physical finding most consistently present in cases of hanging by ligature is A. Ligature furrow B. Ligature furrow with suspension point C. Hyoid bone fractures D. Thyroid superior horn fractures 98. Which of the following organs is least susceptible to injuries due to deceleration forces? A. arch of the aorta B. liver C. spleen D. brain and meninges 99. Bicycles are inherently dangerous because A. Head injuries also occur despite the use of a helmet. B. This type of vehicle is unstable because it is 2wheeled. C. The rider is frequently ejected upon impact D. All are true. 100. An adult pedestrian hit by a large vehicle such as a bus or truck A. will likely be "scooped up"
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LEGAL MEDICINE AND MEDICAL JURISPRUDENCE Physician’s Licensure Examination May 30, 2010; 1:00pm 5:00pm B. C. D.
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will likely have bumper injuries and have his feet knocked from under him will likely have injuries positioned higher in the chest, arms or head none of the above
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