LM: Principles & Legal Aspects in LM
40 Questions
0 Views

LM: Principles & Legal Aspects in LM

Created by
@yvesss

Podcast Beta

Play an AI-generated podcast conversation about this lesson

Questions and Answers

Which of the following is NOT a necessary component for valid consent according to the outlined principles?

  • Chances of success or failure
  • Financial considerations of the treatment (correct)
  • Risk involved
  • Nature of proposed treatment or procedure

    • In the absence of parents, who is prioritized for giving consent on behalf of a minor?

  • Eldest sibling regardless of age
  • Paternal grandparents (correct)
  • Any relative over the age of 18
  • Maternal grandparents

    • What constitutes fraud regarding failure to disclose necessary facts?

  • Offering treatment options without proper explanation
  • Neglecting to provide information under confidential relations (correct)
  • Revealing a patient's confidential information to third parties
  • Providing incomplete medical histories to the patient

    • Who is considered incapable of providing consent in all situations?

    <p>A minor patient</p> Signup and view all the answers

    Which type of communication is protected under the concept of statutory privileged communication in the context of medical practice?

    <p>Confidential information learned in a professional capacity</p> Signup and view all the answers

    What does the 'cause' in a physician-patient contract primarily refer to?

    <p>The remuneration or factors instigating service provision</p> Signup and view all the answers

    In determining the standard of care, what is measured under the locality rule?

    <p>The degree of care typical in the physician's geographical area</p> Signup and view all the answers

    Which of the following describes the similarity rule in the context of diligence?

    <p>Evaluating actions of physicians in the same or similar localities</p> Signup and view all the answers

    Which of the following best describes the 'object' of the physician-patient contract?

    <p>The medical service that the patient requests</p> Signup and view all the answers

    What is the implication of using ordinary care and diligence in medical practice?

    <p>Physicians should match the actions of other practitioners in similar localities</p> Signup and view all the answers

    What is the primary concern of the Doctrine of Unjust Enrichment as mentioned?

    <p>Ensuring no one enriches himself at the expense of others</p> Signup and view all the answers

    Under which type of medical fee does the fee vary based on time rendered by the patient?

    <p>Retainer Fee</p> Signup and view all the answers

    Which principle grants physicians authority over patient management procedures?

    <p>Doctrine of Superior Knowledge</p> Signup and view all the answers

    What is a potential ethical issue found in the practice of soliciting patients?

    <p>It is considered unethical according to medical ethics</p> Signup and view all the answers

    Which class of fees depends on the success of treatment provided?

    <p>Contingent Fee</p> Signup and view all the answers

    What does the Right to Avail of Hospital Services encompass?

    <p>Determining appropriate management procedures in emergencies</p> Signup and view all the answers

    What does 'fee splitting' refer to in the context of medical fees?

    <p>Sharing a fee with an agent who brings in patients</p> Signup and view all the answers

    How does the concept of retirement affect physicians according to the provision mentioned?

    <p>It provides them exemption from certain administrative duties</p> Signup and view all the answers

    In which context does the principle of 'Service rendered service paid' apply?

    <p>In determining the value of medical services</p> Signup and view all the answers

    What ethical guideline surrounds the solicitation of patients by a physician?

    <p>It is unethical, according to medical ethics guidelines</p> Signup and view all the answers

    What characterizes the physician-patient relationship as a contractual relationship?

    <p>There is a mutual agreement involving an offer and acceptance between the physician and patient.</p> Signup and view all the answers

    What must be documented for informed consent to be considered valid?

    <p>The treatment nature, significance, implications, risks, and signatures of all involved parties.</p> Signup and view all the answers

    What action must a physician take if they decide to withdraw from the treatment contract?

    <p>A reasonable notice must be given to the patient to allow for alternative treatment.</p> Signup and view all the answers

    In which situation can oral consent be accepted as valid?

    <p>When the patient is unable to write, and it is witnessed by at least one person.</p> Signup and view all the answers

    What implies a legally binding agreement in an express contract between a physician and a patient?

    <p>Specific rights, responsibilities, and payment terms agreed upon by both parties.</p> Signup and view all the answers

    What type of agreement is implied when a patient is voluntarily admitted to a hospital?

    <p>Implied contract</p> Signup and view all the answers

    Under what circumstance is a hospital obligated to treat a patient?

    <p>In case of emergency care situations</p> Signup and view all the answers

    What does the term 'consent' primarily refer to in the context of medical treatment?

    <p>A voluntary agreement for treatment by the patient</p> Signup and view all the answers

    What is the effect on the hospital-patient relationship at the point of discharge?

    <p>The relationship terminates upon discharge</p> Signup and view all the answers

    What aspect is essential for a hospital when assessing a patient's eligibility for treatment upon arrival?

    <p>Assessing if the patient can be treated or transferred for care</p> Signup and view all the answers

    What is the preferred method for obtaining consent in modern healthcare?

    <p>Signed consent form</p> Signup and view all the answers

    What is the relationship between hospital and physician primarily based on?

    <p>Contractual obligation</p> Signup and view all the answers

    What does Article 2180 impose upon an employer related to vicarious liability?

    <p>Liability for own acts and omissions</p> Signup and view all the answers

    What initiates the relationship between a physician and a hospital's medical staff?

    <p>Credentialing process</p> Signup and view all the answers

    What must occur before a physician can continue treating a patient in active labor?

    <p>Patient condition is stabilized</p> Signup and view all the answers

    Which of the following is NOT a stage in the credentialing process?

    <p>Direct patient referrals</p> Signup and view all the answers

    Which of the following is included in the three choices available to medical professionals after a patient’s condition is stabilized?

    <p>Discharge the patient</p> Signup and view all the answers

    What is implied by vicarious liability of the hospital related to physician actions?

    <p>For all actions including errors</p> Signup and view all the answers

    What best describes the concept of emergency consent?

    <p>Can be executed through verbal agreement in crises</p> Signup and view all the answers

    What must a physician demonstrate to obtain a position on a hospital's medical staff?

    <p>Satisfactory completion of the credentialing process</p> Signup and view all the answers

    Study Notes

    Physician-Patient Relationship

    • Elements of a Physician-Patient Contract:
      • Acceptance: The patient accepts the physician's medical service.
      • Cause: The physician renders the medical service for compensation or an act of generosity.
      • Object: The medical service the patient wants to receive.
    • Physician's Responsibilities:
      • Possess the knowledge and skill of an average physician.
      • Use that knowledge and skill with ordinary care and diligence.
      • Standard of Care:
        • Locality Rule: Measured by the care exercised in the same locality.
        • Similar Locality Rule: Measured by the care exercised in similar localities.
        • National Standard of Care: Measured by the care exercised nationwide.
    • Patient's Rights:
      • Informed Consent: Receive full disclosure of their medical condition, proposed treatment, alternatives, risks, and chances of success/failure.
      • Confidentiality: The physician must protect their health information.
      • Statutory Privileged Communication: Physicians cannot disclose information acquired in a professional capacity without the patient's consent.
      • Ethical/Professional Confidential Information: Physicians must uphold ethical and professional confidentiality, particularly when no longer in active practice.
    • Physician’s Rights:
      • Limit Medical Practice: The physician can choose to limit their practice based on their specialty, clinic/hospital, geographic location, time constraints, patient types, personal reasons, and legal/ethical obligations.
      • Avail of Hospital Services: Choose the appropriate management procedure for their patients.
      • Doctrine of Superior Knowledge: The physician has superior knowledge in their field, and patients typically follow their instructions.
      • Respond to Emergencies: The physician has the right of way when responding to emergencies.
      • Exemption from Instruments and Library: The physician may be exempt from certain instruments and library rules.
    • Hospital Liability for Employee Wrongful Acts:
      • Government/Public Hospitals:
        • Governments are generally immune from lawsuits without consent.
        • The principle of immunity is based on the idea that government funds should not be used to compensate for private injuries.
        • Government hospitals performing proprietary functions (for profit) lose their immunity.
      • Private Charitable, Voluntary, or for Charity Hospitals:
        • These hospitals generally enjoy immunity from lawsuits.
        • Key Doctrines:
          • Trust Fund Doctrine: Donations should not be used to pay for damages.
          • Implied Waiver Theory: Patients waive the right to claim damages by entering a charitable hospital.
          • Public Policy Theory: Hospitals provide medical services for the community without seeking profit.
    • Patient Rights in Hospitals:
      • Premature Discharge: The hospital and attending physician may be held liable if a patient is discharged before they are fully recovered.
      • Detention for Non-Payment: Patients cannot be detained for non-payment of hospital bills. Legal remedies are available for collecting debts.
      • Exceptions to Patient Release: Patients who are detained or convicted prisoners can be detained in a hospital.
    • Ambulance Service:
      • Ambulance drivers share the criminal liability of any other driver.
      • The hospital is generally held liable for civil liability incurred by ambulance service drivers.
    • Hospital Pharmacy:
      • Hospital pharmacies are subject to the regulations of RA 5921 (The Pharmacy Act).
    • Other Legal Considerations:
      • Right to Refuse Treatment: Patients have the right to refuse treatment, even if it may be life-saving.
      • Physician-Patient Confidentiality: This applies to information shared with other healthcare providers.
      • Medical Fees and Billing:
        • Simple Contractual Fee: A specific fee is established for the service.
        • Retainer Fee: Based on the amount of time spent with the patient.
        • Contingent Fee: Based on the outcome of the treatment.
        • Dichotomous Fee (Fee Splitting): Physician shares fees with agents who solicit patients, which is unethical.
      • Charitable Hospital Functions:
        • A true charitable hospital provides services to a large segment of the public over an extended period.
        • A hospital with a few charity beds is not considered a charitable institution.

    Physician-Patient Relationship

    • The physician-patient relationship is contractual based on an offer and acceptance.
    • The relationship can be expressed or implied.
    • An express contract is written or orally agreed upon in advance.
    • An implied contract is based on the circumstance and conduct between the parties.
    • Consent is permission for something to happen or agree to do something.
    • Informed consent is a written, dated, and signed document by a capable person, or their legal representative.
    • The physician may withdraw from the contract with reasonable notice.
    • The patient may dismiss the physician.
    • The relationship ends when the patient is cured, dies, or by mutual agreement.

    Hospital-Patient Relationship

    • The relationship starts with voluntary admission and the signing of forms, creating an express contract.
    • It ends with the patient’s discharge or leaving against medical advice.
    • Hospitals are not obligated to treat every patient, except in emergency-care situations.
    • Hospitals have a procedure for assessing if a patient can be treated or transferred.
    • The Anti-Deposit law requires hospitals to treat a patient in labor or an emergency medical condition until stabilized.
    • Following stabilization, there are three options: continue treatment, transfer, or discharge.
    • Hospital-physician relationships are based on contracts that allow physicians to bring patients to the hospital for treatment.

    Hospital Liability

    • The doctrine of vicarious liability holds hospitals liable for the negligence of employees.
    • The hospital is liable for the actions of employees, but not necessarily for independent contractors, unless the hospital has apparent authority over them.
    • The hospital is not responsible for a physician’s clinical practice, but it must ensure a competent medical staff.
    • Incompetency or dangerous practices of doctors may warrant termination of a contract.
    • Hospitals are liable for granting privileges to incompetent or dangerous doctors.
    • The hospital may be liable for the negligence of an independent-contractor physician if the physician is their ostensible agent.

    Doctrine of Apparent Authority

    • For a hospital to be liable under the doctrine of apparent authority, the hospital or its agent must act in a way that could reasonably lead a person to believe the negligent individual is an employee or agent of the hospital.
    • This includes consistent actions and knowledge by the hospital.
    • The patient must have acted based on the hospital's conduct, demonstrating reasonable care and prudence.

    References

    • Article 2176 and 2180 of the Philippine Civil Code

    Studying That Suits You

    Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

    Quiz Team

    Related Documents

    WK11-PRINCIPLE-OF-LIABILITY-IN-HOSPOTAL-ADMINISTRATION PDF
    WEEK 10 - LEGAL ASPECT IN HOSPITAL ADMINISTRATION PDF

    Description

    Test your knowledge on the key elements of the physician-patient relationship, including contracts, responsibilities, rights, and standards of care. This quiz covers important concepts such as informed consent and confidentiality. Perfect for medical students and healthcare professionals.

    More Like This

    Use Quizgecko on...
    Browser
    Open
    Browser
    Browser