Medical Jurisprudence

MEDICAL JURISPRUDENCE FINAL EXAM 2011 I. 1.

ODD MAN OUT ( Choose which one does not belong to the group) A. Legislative enactment c. DOH Circulars b. hospital policies d. Case Laws

2.

a. negligence or carfulness of the manufacturer is not an issue b. compensation may be recovered from anyone in the distributive chain c. warranty or product protection is not an issue d. preventive measures by the manufacturer will not operate as a valid defense 3.

a. the laws on malpractice do not vary in its applicability to all ages b. the issues of authority shall only apply to Pediatrics patients c. Malpractice Law shall ultimately redound to less benefits to pts. d. there is enough law to prosecute erring physicians

4.

a. contributory fault b. Calculated Risk

5.

a. Right to informed Consent b. Right to Refuse Research

6.

a. vicarious liability b. respondeat superior

c. ostensible agent d. imputed liability

7.

a. calculated risk b. Best results rule

c. Honest Errors of Judgement d. Ostensible Agent

8.

a. orphans b. pregnant teen

c. self-supporting d. child

9.

a. right to choose patients b. right to way in traffic

10.

a. fee is important b. fiduciary relationship b. contractual relationship d. priviledge communication

c. Res Ipsa Loquitor d. Benefit-to-Risk ratio c. Right to Religious Belief d. Right to Leave

c. right to limit practice d. right to choose management

II. MULTIPLE CHOICE (Letters only) 1. In the matter of Informed Consent, the ff. statements are true EXCEPT a. It is a process allowing a patient to have a full view of the planned research b. A document covering all the procedures may be executed c. The explanation is always done in lay language d. Parents may validly give their consent for their minor wards

2. Which of the ff advance directives executed by the “patient” will apply in the event that he at a a point of irreversible brain death a. Do Not Resuscitate b. Durable Power of Attorney c. Living Will d. Health Proxies 3. The application of therapeutic procedure or supportive devices ordinarily prescribed only to much serious conditions is called a. Quantitative over treatment b. Qualitative over treatment c. Liability prophylaxis d. Defensive medicine 4. NO QUESTION a. Captain of the Ship b. Pilot Co Pilot c. Ostensible Agent d. Vicarious Liability 5. Whenever a Malpractice case is filed utilizing this Doctrine, it is always supported or reckoned with the Doctrine of Proximate Cause a. Continuing negligence b. Contributory fault c. Res ipsa loquitor d. Last clear chance 6. A positive answer to this “test” will result in prosecution of the physician a. Natural and probable consequence b. Res ipsa loquitor c. Admissibility test d. Fortuitous event 7. A form of Malpractice Liability Insurance which covers defense costs a. Indemnity b. Comprehensive c. Own change d. Full coverage 8. Which of the ff is FALSE in Abondonment of PPR a. Non-payment of hospital bill is not a defense for abandonment b. There is a unilateral termination of the relationship by the physician c. Abandonment shall lie even after the relationship has been validly terminated d. The injury suffered by the patient is a direct result of such abandonment 9. Liabilities resulting from post-tranfusion infections shall reckoned with a. Benefit-risk ratio b. Assumption of risk c. Informed consent

d. Ewanco Doctrine 10. This doctine protect the hospital from allowing outside experts to challenge the hospital standards a. Ostensible agent b. Fellow servant c. Practice parameter d. Respectable minority rule 11.Under this doctrine, the physician cannot be blamed where the medical procedure itself involves inhersnt hazards regardless of care a. Best result b. Assumption of risk c. Calculated risk d. Informed consent 12.When two or more “acceptable” schools of thought are available and a physician adopts the one less taken by others, this doctrine will be available to him in defense a. Calculated risk b. Continuing negligence c. Respectable minority rule d. Clinical innovation 13.Which of the ff statements is FALSE a. There are penalties for those who refuse to give way to ambulances b. A physician cannot be compelled to practice the healing art c. Premature termination of PPR constitute abandonment d. Pacquio won by a knock-ou over margarito 14.Whomsoever had a chance to rectify a wrong shall be held liable under this a. Last clear chance b. Good samaritan c. Contributory fault d. Foreseability 15.The controlling doctrine in a Surgeon-Anesthesiologist set-up in an open a. Captain of the ship b. Pilot co pilot c. Borrowed servant rule d. Vicarious liability 16.This doctrine protects the hos[ital from outside experts challenging their standards a. Ostensible agent b. Fellow servant c. Practice parameters d. Respectable minority rule 17.The “Res Ipsa Loquitor” shll not apply to which of the ff cases

a. b. c. d.

Calculated risk doctrine Honest errors of judgement Bad result doctrine Contributory fault

18.This doctrine presupposes that the Doctor is fully aware of his negligence a. Contributing negligence b. Clinical innovation c. Proximate cause d. Bad samaritan 19.Which of the ff rights is not available to charity patients a. Rigtht to leave b. Right to refuse participation c. Right to religious belief d. Right to informed consent 20.Which is not a ground for revocation of a physician’s license a. Violation of pharmacy laws b. Alcoholism and addiction c. Insanity d. Hayden koh acts 21.Respondeat Superior, Imputed Negligence and Command responsibility doctrines are collectively known as ______________________________________ 22.The landmark case on HOSPITAL CORPORATE LIABILITY__________________________ 23.The Doctrine of Apparent Authority is also known as _____________________________ 24.The ____________________ Rule is utilized as a yardstck by comparing with what other doctors in the locality would have done if given the same patient and situation 25.Under the __________________________ doctrine, doctors are encouraged to help patients and not to hold back simply for fear of litigious reprisals III. After each problem, check which one of the ff item are correct. No need to mark the incorrect answers. RIGHT MINUS WRONG! A. NGETPA was dead drunk and fell to the ground flat on his face sustaining multiple lacerations and abrasions in the process and was thus rushed to a hosital where he immediatley managed. He was admitted under the service of DR> POGI. By the next morning, through the bandages in his face, NGETPA, saw the doctor and said “ayoko sa yo Doc. Sama ng mukha mo! Im dismissing you as my physician!” to this the doctor countered.. “hintayin mong matanggal ang benda mo lasengo, pangit ka na rin! Ayoko rin sayo!

_____ 26. The dismissal by the patient is valid _____27. The dismissal by the doctor is invalid 28. the dismissal of the doctor constitute abandonment 29. the patient is guilty of Contributory Fault 30. the hospital should have waited for the patient to wake up before instituting management B. Joan at 17 was rushed to the hospital for emergency removal of her appendix. The surgeon DR> LESBI acciddentally left a small sponge in the peritoneal cavity and could not retrieve it through the small incision. He just finished the operation. The recovery of joan was smooth/ four years later, joan was again placed under the knife for Ceasarian Section. The obstetrician DR. KUPAD saw the sponge but did nothing about it. He went about his own business. Seven days later. Joan died of severe anaerobic septicemia courtesy of the sponge. 31. dr, Kupad must be held liable under the Doctrine of Last Clear Chance 32. Dr. Lesbi should also be held liable 33. the hospital must also be held liable 34. a blood culture could have prevented the death 35. the anesthesiologist should have insisted that the sponge be removed C. A pathologist in UP PGH wrongly read frozen section biopsy as “malignant” resulting in the amputaion of a leg. On the second opinion, another Pathologist stated that the case was benign and the suregry was improper. Charges were filed against the erring pathologist and included the Hospital under the Principle of Corporate Liability The Pathologist defends himself under the “Honest Errors of Judgement” while the Hospital defends itself claiming that the Pathologist is not under its emply. 36. the defense of the pathologist that it was an honest error of Judegement is valis 37. the hospital is correct that the Pathologist is not an employedd of the hospital 38. the second pathologist should be sued for violating ethics 39. UP-PGH cannnot be sued because it is a governemnt hospital 40. the patient should have a leg prosthesis free of charge CLUE: The answer to Test I are sometimes found on Test II. Good Luck!