LegMed With Answers

UPH  – Dr. Jose G. Tamayo Medical Center Sto. Nino, Biñan, Laguna LEGAL MEDICINE

NAME: ________________________________

DATE OF ROTATION: _____________

1. Differentiate Subpoena testificandum from Subpoena tecum. a. Subpoena ad testificandum A process requiring a person to appear before a trial or hearing o f an action or investigation conducted under our laws or for the taking of a deposition at a certain definite date, time and place to testify o n some material issues. The court summons to appear and give oral testimony for use at a hearing or trial.

b.

Subpoena duces tecum A process which requires a person to produce at the trial some documents or papers which are under his control or possession that are pertinent to the issues of his controversy, at a certain date, time and place. The court summons ordering the recipient to appear before the court and produce documents or ot her tangible evidence for use at a hearing or trial. c. Subpoena duces tecum and testificandum N.B. Failure to comply with a subpoena without justifiable reason is a ground for reprimand, suspension or revocation of the certificate of registration.

2. What is medical ballistic? BALLISTIC  – the study of the motion, trajecto ry, and impact of projectiles, including bullets and rockets. . 3. Define the crime of seduction (including types) Seduction – the act by which a man entices a woman to have unlawful sexual relations with him by means of persuations, solicitations, promises or bribes without the use of physical force or violence.

Types: a. Qualified: seduction of a virgin over 12 ye ars old and under 18 committed by any person with authority or is entrusted with the education or custody of the women seducted.  –  Punishable by prison correctional Types: o Ordinary: Seduction of a virgin > 12 years old and under 18 years, committed by any person in public authority or any other person in c ustody of the woman. o Incestuous: Seduction wherein there is blood relationship between the seducer and the seduced. b. Simple: seduction of a woman who is single or a widow of good reputation over 12 but under 18 committed by means of deceit  –  Punishable by arresto mayor (Art 338, RPC)

4. Discuss briefly the doctrine of “re-ipsa loquitor”  –  - “The thing speaks for itself” ; nature of the wrongful act or injury is suggestive of negligence.  –  - General rule: expert testimony is necessary to prove that a physician has done a negligent act or that has deviated from the standard of m edical practice.

5. Discuss briefly the Physician’s right to choose his patients.  Shall be dedicated to providing competent medical care with c ompassion and respect for human dignity and rights  Shall uphold the standards of professionalism  Shall respect the law and also rec ognize a responsibility to seek changes  Shall respect the rights of patients, co lleagues and other health professionals,  Shall safeguard patient confidences and privacy within the constraints of the law.  Shall continue to study, apply and advance scientific knowledge, maintain commitment to medical education, make relevant information available to patients, colleagues and the public, obtain consultation and use the talents of other health professionals when indicated.  Be free to choose whom to serve, with whom to associate, and the environment in which to provide medical care  Recognize a responsibility to participate in activities contributing to the improvement of the community and the betterment of public health  Regard responsibility to the patient as paramount  Shall support access to medical care for all people.

UPH  – Dr. Jose G. Tamayo Medical Center Sto. Nino, Biñan, Laguna LEGAL MEDICINE

NAME: ________________________________

DATE OF ROTATION: _____________

1. DISCUSS BRIEFLY: a. “Res Ipsa Loquitor” doctrine  “the thing speaks for itself ” A principle that allows plaintiffs to meet their burden of proof with what is, in effect  circumstantial evidence” b. Borrowed servait doctrine Ordinarily, resident physicians, nurses and other personnel of the hospital are employees or  servants of the hospital; In some instances, they are under the temporary supervision and control of another other than  their employer while performing their duties; By fiction of law, they are deemed borrowed from the hospital by someone and for any  wrongful act committed by them during the period, their temporary employer must be held liable for the discharge of their ac ts and duties; In the determination whether one is a borrowed servant, it is necessary t hat he is not only  subjected to the control of another with regard to the work done and the manner of performing it but also that the wor k to be done is for the benefit of the temporary employer. 2. Define the following: a. Punctured Wound - Caused by an object piercing the skin and creating a small hole. b. Hacking wound – a wound from a sharp kick c. Contussion – an injury in which the skin is not broken, often characterized by ru[tured blood vessels and discolorations; a bruise d. Hematoma – a localized collection of extravasated blood, usually clotted, in an organ, space or tissue. 3. What are the 4 kinds of Ballistics? Discuss each briefly.  Internal Ballistics: Study of the processes originally accelerating projectiles  Transition Ballistics: Study of projectiles as they transition to unpowered flight  External Ballistics: Study of the passage of the projectile in flight.  Terminal Ballistics: Study of the projectile and its effects as it ends its flight. 4. What is presidential decree 169? What are the penalties if this is violated? Presidential decree 169  –  Requiring doctors, hospitals, clinicas, etc to report treatment for physical injuries. Penalties: Any violations shall be punished administratively with a fine that shall not be less than 100 pesos nor more than 500 pesos. In addition, the license or permit of the at tending physician shall be cancelled upon the third violation of this act or its implementing rules and regulations. 5. What are the products of combustion? What is its medicolegal significance?

UPH  – Dr. Jose G. Tamayo Medical Center Sto. Nino, Biñan, Laguna LEGAL MEDICINE

NAME: ________________________________

DATE OF ROTATION: _____________

1. Discuss briefly: a. The assumption of risk doctrine DOCTRINE OF ASSUMPTION OF RISK  –  Predicated upon knowledge and informed consent, anyone who voluntarily assumes the risk of injury from a known danger, if injured, is barred from recovery.  –  “…violenti non fit injuria”, which means that a person who assents and  was injured is not regarded in law to be injured. b. Independent contractor theory INDEPENDENT CONTRACTOR THEORY  –  A patient who enters a private charitable hospital does not have a contract with the hospital but with the attending physician. 2. Define: a. Abrasion – superficial wound in which the epidermis is scraped off b. Lacerated Wound – wound that is produced by the tearing of soft body tissue c. Incised wound – wound characterized by a clean cut, as by a sharp object. 3. Distinguish official from non-official autopsy Autopsy – a comprehensive study of a dead body, performed by a trained physician employing recognized dissection procedure and techniques. Hosptial or Non-official Autopsy With consent of the deceased person’s o relatives To determine the cause of death o To correlate clinical diagnosis with clinical o symptoms o Determine effectiveness of therapy o Study natural cause of disease Educate students and physicians o

Medico - Legal or Official Autopsy Dead body belongs to the state for investigation o To determine cause, manner and time o f death o Revering, identifying and preserving evidence o Provide interpretation correlation of facts o o Provide factual objective medical report for law enforcement, prosecution and defense agencies o Separate death due to disease from external cause.

4. What is child abuse? CHILD ABUSE – Physical and mental injury or maltreatment of a child by a person who is responsible for the child’s welfare. Victim is usually less than 3 years old. 5. Distinguish Gun Shot Wound point of entry from point of exit Entrance Wound Smaller than the missile o Inverted edges o

Exit Wound Bigger than the missile o Everted edges o

o o o o o o

Oval or round (+) contusion collar (+) tattooing or smudging (-) tissue protrusion Always present (+) paraffin test

o o o o o o

No definitive shape (-) contusion collar (-) tattooing or smudging (+/-) tissue protrusion May be absent (-) paraffin test