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Provided that the above mentioned acts are performed, the following do not
affect the act as to the practice of medicine:
The purpose of this 2nd provision is to protect the people who through deceptive
advertisement or machination may be able to induce them to be under the
medical service of one who is not in a capacity to do so.
ACTS CONSTITUTING THE PRACTICE OF MEDICINE:
DEFINITION OF TERMS:
Licensed Physician
License to practice medicine
One who has received a degree from an institution and one that is
lawfully engaged in the practice of medicine.
WHO definition:
- is a person who after completing his secondary education follows a
prescribed course of medicine at a recognized university or medical school.
HIPPOCRATIC OATH
I will apply, for the benefit of the sick, all measures [that] are required,
avoiding those twin traps of over-treatment and therapeutic nihilism.
I will not be ashamed to say "I know not," nor will I fail to call in my
colleagues when the skills of another are needed for a patient's recovery.
I will respect the privacy of my patients, for their problems are not
disclosed to me that the world may know. Most especially must I tread with
care in matters of life and death. If it is given me to save a life, all thanks. But
PHYSICIAN-PATIENT RELATIONSHIP
July 21, 2011
PHYSICIAN-PATIENT RELATIONSHIP
Nature of Relationship:
ACTIVITY-PASSIVITY RELATION:
- no interaction between doctor and patient.
- patient is unable to contribute to the activity.
- seen in an emergency situation
( unconscious patient )
GUIDANCE COOPERATION RELATION:
- patient is conscious.
- he is ready and willing to cooperate.
- Physician is in a position of trust.
MUTUAL PARTICIPATION RELATION:
- patient thinks he is equal to the doctor.
- Physician feels that the patient is uncooperative.
- Patient feels that Physician is unsympathetic and lacks understanding.
Specific type of Medical Service which the patient may solicit from his physician:
To9 examine the patient, diagnose his condition and treat him as to
only one or more but not all conditions affecting him and with followup care.
To examine the patient, diagnose his condition and treat him fully
,giving him full follow-up care.
He should use such knowledge and skill with ordinary care and
diligence.
Requisites.
EXPRESSED CONTRACT :
- when the nature and extent of the medical service to be rendered by the
physician and the renumeration to be given by the patient is explicitly stated
orally or in writing.
IMPLIED CONTRACT:
- agreement inferred by LAW as matter of reason and justice for their acts or
conduct, the circumstances surrounding their transaction, or even a necessary
assumption that a contract existed between them by a tacit understanding.
- the existence of a contract can be inferred from the acts of the contracting
parties.
Instances when there is no physician-patient relationship by decisions of Courts:
It does not imply any promise or guaranty by the physician that the
treatment will be successful.
It does not imply any promise or guaranty that the treatment will
benefit the patient.
It does not imply or guaranty that the treatment will produce certain
result.
It does not promise that the physician will not commit errors in an
honest way.
Duties and Obligations Imposed on the Patient in the course of the PhysicianPatient Relationship