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1 / 35 Legal Medicine 1. The body vested by law to have general supervision and regulation over the practice of medicine is: A. Commission on Higher Education B. Department of Education C. Professional Regulatory Commission D. Board of Medical Education Answer: C Reference: Chapter II - Licensure and Regulatory Laws; p.8 Medical Jurisprudence by Pedro Solis (1988 ed) MPL: 0.5 2. Pedro Doctor graduated from the Pulangue College of Medicine and immediately used the title MD after his name. He is: A. Committing malpractice B. Academically entitled to use MD C. Illegally practicing medicine D. Falsely using MD after his name Answer: B Reference: Chapter III – The Practice of Medicine; p.48 Medical Jurisprudence by Pedro Solis (1988 ed) MPL: 0.5 3. Any person who performs any of the acts constituting practice of medicine but is not qualified to do so shall be: A. Committing malpractice B. Committing fraud C. Illegally practicing medicine D. Acting under extraordinary authority Answer: C Reference: Chapter III – The Practice of Medicine; pp.38, 48 Medical Jurisprudence by Pedro Solis (1988 ed) MPL: 0.5 4. Josefa’s daughter was suffering from diarrhea. She consulted Petra who told her to give Pedilayte - Mild 30, a household remedy as classified by BFAD. Which describe appropriately Petra’s action? : A. Not considered an act constituting practice of medicine B. Illegal practice of medicine C. Malpractice acts D. Acting under false pretenses Answer: A Reference: Chapter III – The Practice of Medicine; p.41 Medical Jurisprudence by Pedro Solis (1988 ed) MPL: 0.5 5. This prevents an individual from being admitted to the practice of medicine: A. Age 19 years B. Passed the board examination C. Holder of a valid Certificate of Registration issued by the Board of Medical Education D. Must not have been convicted of any offense involving moral turpitude Answer: A Reference: Chapter II - Licensure and Regulatory Laws; p.19 Medical Jurisprudence by Pedro Solis (1988 ed) MPL: 0.25 6. This act does not constitute practice of medicine: A. Physical examination of the patient B. Collection of professional fees C. Diagnosis and treatment D. Prescribing drugs Answer: B Reference: Chapter III – The Practice of Medicine; p.39 Medical Jurisprudence by Pedro Solis (1988 ed) MPL: 0.5 7. A patient with hepatoma was erroneously diagnosed as tuberculoma by a licensed physician. This was the result of the non-performance of the necessary work-ups. The physician is guilty of: A. Illegal practice of medicine B. Dereliction of duty C. Criminal negligence D. Malpractice Answer: D Reference: Chapter XI –Specific Acts of malpractice; p.263 Medical Jurisprudence by Pedro Solis (1988 ed) MPL: 0.25

Legal Medicine and Medical Jurisprudence

2 / 35 8. Jose is the son a physician. Upon graduation and before passing the board exams, he put his name under a sign bearing his father’s name and started seeing patients. A patient was mismanaged and suffered injury. Jose was sued. What is the fault committed? A. Illegal practice of medicine against Jose B. Malpractice vs. Jose C. Malpractice vs. Jose’s father D. No liability Answer: A Reference: Chapter III – The Practice of Medicine; p.48 Medical Jurisprudence by Pedro Solis (1988 ed) MPL: 0.25 9. Ernie Barko advised Petra, a patient with breast CA to strictly follow his special cancer diet. He advised against taking medications as the chemicals therein conflicted with the principle of the diet. Petra died and Ernie was sued. Which of the following is correct: A. Ernie illegally practiced medicine B. Ernie should be held liable for the non-intake of medications by Petra C. Ernie is not liable since the proximate cause of Petra’s death is cancer D. Malpractice on the part of Ernie Answer: A Reference: Chapter III – The Practice of Medicine; p.48 Medical Jurisprudence by Pedro Solis (1988 ed) MPL: 0.25 10. Beautician Lucy pricks pimples and dishes out topical lotions to clients. Dr. Balat is losing out to Lucy so she accuses the latter of illegal practice of medicine. Which of the following is correct? A. Tigidig is performing a purely cosmetic function B. Tigidig is illegally practicing medicine C. Administrative charges should be filed with the PRC against Tigidig D. Tigidig’s parlor should be padlocked by the police authorities Answer: B Reference: Chapter III – The Practice of Medicine; p.48 Medical Jurisprudence by Pedro Solis (1988 ed) MPL: 0.25 11. Precy Lore is a faith healer who beats up the sick to exorcise the evil spirits causing the disease. One follower who was injured sued her. Which of the following statement is correct: A. Freedom to act out one’s belief is a constitutionally protected right B. Precy is guilty of inflicting physical injuries C. Precy is practicing the tenets of her religion D. Precy illegally practiced medicine Answer: B Reference: Chapter III – The Practice of Medicine; pp.42-45 Medical Jurisprudence by Pedro Solis (1988 ed) MPL: 0.25 12. Dr. Pedro is scheduled to preside over a CPC in the Medical School. He is late, so that on his own volition, countered the traffic flow in the opposite lane to reach his destination. He was caught by a traffic officer. Which can he invoke? A. Doctor’s right of way in heavy traffic B. Right of way in response to an emergency C. None D. Right to violate minor traffic rules Answer: C Reference: Chapter V – Rights of Physicians; p.92-93 Medical Jurisprudence by Pedro Solis (1988 ed) MPL: 0.5 13. A person need not be a physician to hold this position: A. Municipal Health Officer B. City Health Officer C. Department of Health Secretary D. Medical Staff in a private hospital Answer: C Reference: Chapter V – Rights of Physicians; p.94 Medical Jurisprudence by Pedro Solis (1988 ed) MPL: 0.5 14. Jose, an 18 year-old married male, was diagnosed with ruptured acute appendicitis. Who should give the consent for surgery? A. Jose B. Consent by the wife is necessary C. Jose’s parent D. Grandparents in the absence of the parents Answer: A Reference: Chapter VI – Rights of Patients; p.140-141 Medical Jurisprudence by Pedro Solis (1988 ed) MPL: 0.5 Legal Medicine and Medical Jurisprudence

3 / 35 15. Dr. Kildare, an American surgeon is in the Philippines on holiday. He joined a group of Filipino surgeons in a medical mission performing operations for the poor and the marginalized. Which of the following is correct? A. He can invoke reciprocity as the basis for his performing surgery in the Philippines. B. He can practice even without a certificate of registration from the Board of Medicine. C. He is illegally practicing medicine in the country. D. He needs to pass the local board exams before he can practice. Answer: C Reference: Chapter II – Licensure and Regulatory Laws; p.22 Medical Jurisprudence by Pedro Solis (1988 ed) MPL: 0.5 16. Dr. Rodrigo released records of patient Juana to Atty. Jose, Juana’s lawyer after the latter demanded the same in connection with a contemplated suit. Which right of the patient may have been violated? A. Privacy B. Confidentiality C. Right to peace of mind D. No rights were violated since it involves litigation Answer: B Reference: Chapter V – Rights of Patients; p.94 Medical Jurisprudence by Pedro Solis (1988 ed) MPL: 0.5 17. You evaluated a 65-year old man with 3-month history of chest pains and fainting spells that you feel merit cardiac catheterization. After informing him fully of the benefits, consequences, risks, etc. and he was able to demonstrate that he understands all of these, he refuses the intervention. What should you do? A. Respect his choice B. Explore reasons for his decision and try to convince him again C. Consider the discussion ended D. Continue with the procedure nevertheless Answer: A Reference: Chapter V – Rights of Patients; p.160 Medical Jurisprudence by Pedro Solis (1988 ed) MPL: 0.5 18. A 60-year old patient has complaints of abdominal that is persistent but not extreme. Workup shows hepatoma. He just retired from a busy professional career and he and his wife are about to leave for a round the world cruise. What should you do? A. Exercise your therapeutic privilege and inform him later when he returns B. Inform him of his condition now C. Inform him when his condition worsens D. Inform his wife first Answer: B Reference: Chapter VI – Rights of Patients; p.153-157 Medical Jurisprudence by Pedro Solis (1988 ed) MPL: 0.5 19. While driving in EDSA, Dr. Gerardo witnessed the shooting of a politician by a group of armed assailants. He was subpoenaed to appear in court because of his as heavy practice. He relented nevertheless and appeared as a: A. Ordinary witness B. Expert witness C. Hostile witness D. Reluctant witness Answer: A Reference: Chapter XXI –Medical Witness and the Court; pp.440 Medical Jurisprudence by Pedro Solis (1988 ed) MPL: 0.75 20. A 70-year old man suffered a myocardial infarction and is admitted to the hospital with a very poor prognosis. He asks you not to tell his wife as he feels she will not be able to take it. What should you do? A. Tell the wife since the exercise of therapeutic privilege applies to the patient only B. Encourage the patient to open dialogue with his wife C. Keep quiet D. Ask the nurse to inform the wife Answer: B Reference: Chapter VI – Rights of Patients; p.157-158 Medical Jurisprudence by Pedro Solis (1988 ed) MPL: 0.5 21. Dr. Jane is connected with one of the RHUs of Abra. One of her task is to implement the family planning program of the government. She is a devout Catholic and espouses only the rhythm method. Which of the following is correct? A. She has the prerogative to choose treatment modalities to apply to patients. B. She can invoke self-limitation to practice based on religious beliefs. C. She must ask to be transferred to duties consistent with her beliefs. D. She is liable for insubordination for not carrying out the duties of her position. Answer: C Reference: Chapter V – Rights of Physicians; p.87 Legal Medicine and Medical Jurisprudence

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22. One of the following is not subject to legal execution if a physician loses a civil suit for malpractice. A. Golf shares B. Stocks and money in bank C. Real estate property D. Medical library, equipment and instruments Answer: D Reference: Chapter V – Rights of Physicians; p.93 Medical Jurisprudence by Pedro Solis (1988 ed) MPL: 0.5 23. This type of consent is not contemplated under Philippine law: A. Oral B. Written C. Expressed Indirectly D. Blanket Answer: D Reference: 1.Chapter VI – Rights of Patients; p138 Medical Jurisprudence by Pedro Solis (1988 ed) 2. RA 5504-Aids prevention and Control act of 1998 MPL: 0.5 24. A 40 wk. AOG pregnant woman gave birth to a dead baby girl with double cord coil, tight. The obstetrician failed to do a biological physical profile of the fetus. She is guilty of: A. Homicide B. Infanticide C. Medical malpractice D. Criminal negligence Answer: C Reference: Chapter XI –Specific Acts of malpractice; p.262 Medical Jurisprudence by Pedro Solis (1988 ed) MPL: 0.25 25. Jose gave consent to surgically remove one of his kidneys which he intends to sell to a patient in Japan with chronic renal disease. Which one of the following requisites was violated as to make the consent invalid? A. Informed and enlightened B. Obtained voluntarily C. Subject matter must be legal D. Enlightened Answer: C Reference: Chapter VI –Rights of Patients; p.125-126 Medical Jurisprudence by Pedro Solis (1988 ed) MPL: 0.25 26. Baby Jane was bleeding massively due to marked thrombocytopenia secondary to dengue. Blood transfusion was required but the parents refused on religious grounds. What should the physician do? A. Secure a court appointed guardian to get consent for treatment B. Transfuse immediately as this is an emergency C. Respect the parents’ refusal of the lifesaving treatment D. Do nothing Answer: B Reference: Chapter VI –Rights of Patients; p.147 Medical Jurisprudence by Pedro Solis (1988 ed) MPL: 0.25 27. Dr. Tan refused to attend on several occasions a court hearing citing as reason that he has a lot of OPD patients to see. He may be cited for: A. Direct contempt of court B. Indirect contempt of court C. Disrespect for the court D. Unduly prioritizing his clinic practice Answer: B Reference: Chapter XXI –Medical Witness and the Court; pp.459 Medical Jurisprudence by Pedro Solis (1988 ed) MPL: 0.75 28. A resident physician followed the order of a consultant that at face value was grossly wrong and resulted in injury to the patient. Which is correct? A. The resident clerk is not liable since he is merely a trainee under the supervision of the consultant B. Both the consultant and resident are liable for poor patient care C. The consultant is not liable since the discretion lies with the resident to either follow or not follow his advice D. The resident is liable since he is the one who exercised the clinical judgment that injured the patient Answer: B Reference: Chapter XI –Physician-Patient Relationship; pp.73-74 Medical Jurisprudence by Pedro Solis (1988 ed) Legal Medicine and Medical Jurisprudence

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29. Jose, who is not a physician, affixed MD after his name to enable him to secure a loan with the bank. Under the Medical Act of he is guilty of: A. Committing malpractice B. Committing fraud C. Illegally practicing medicine D. Considered not to be practicing medicine Answer: C Reference: Chapter III –The Practice of Medicine; pp.38, 48 Medical Jurisprudence by Pedro Solis (1988 ed) MPL: 0.5 30. Dr. Jose is practicing in Manila. A subpoena was issued by the court for him to appear in a drug case in Tuguegarao. He failed to appear. Which of the following is correct? A. He need not comply with the subpoena. B. He will be arrested to compel his appearance. C. He will be cited for direct contempt. D. He should be given compensation to enable him to appear. Answer: A Reference: Chapter XXI –Medical Witness and the Court; pp.461 Medical Jurisprudence by Pedro Solis (1988 ed) MPL: 0.25 31. Jose was stabbed and brought to Dr. Juan for management. Dr. Juan refused to treat Jose since he was a dermatologist. Which one of the following is applicable? A. Dr. Juan can invoke his right to choose his patients. B. Dr. Juan must manage the stabbing victim. C. It is illegal to refuse rendering medical service. D. Dr. Juan is liable for damages. Answer: B Reference: Chapter XI –Rights of Physicians; p.84 Medical Jurisprudence by Pedro Solis (1988 ed) MPL: 0.5 32. A 27-year old woman who has previously received no prenatal care presents at term. On ultrasound she has a placenta previa, but she refuses cesarean section for any reason. What should the physician do? A. Operate since this is an emergency B. Respect the patient’s wishes C. Refer the matter to the ethics committee as this involves the life of the mother and the fetus D. The physician should get a court order to force a cesarean section Answer: C Reference: Code of Ethics of the Medical Profession; pp. 475-476 Medical Jurisprudence by Pedro Solis (1988 ed) MPL: 0.5 33. In a malpractice case, Dr. Procopio was ordered by the court to produce at trial the patient’s charts, laboratory and x-ray results and other documents under his ppossession and control. The process served on him to do this is called: A. Ordinary subpoena B. Subpena duces tecum C. Subpoena ad testificandum D. Court summons Answer: B Reference: Chapter XXI –Medical Witness and the Court; pp.456-457 Medical Jurisprudence by Pedro Solis (1988 ed) MPL: 0.75 34. Dr. Balat adopted a self-imposed limitation to practice dermatology only. She may not do one of the following: A. Practice only dermatology B. Limit practice to specific days and time C. Refuse to treat an emergency D. Refuse to treat a common cold Answer: C Reference: Chapter XVI –Emergencies in Medical Practice; pp.379-380 Medical Jurisprudence by Pedro Solis (1988 ed) MPL: 0.5 35. Dr. Jose operated on a patient and inadvertently left behind a clamp. Which malpractice doctrine is applicable in this case? A. Doctrine of Forseeability B. Fellow Servant C. Res-Ipsa Loquitur D. Captain of the ship Answer: C Reference: Chapter XVI –Emergencies in Medical Practice; pp.239-240 Medical Jurisprudence by Pedro Solis (1988 ed) MPL: 0.5 Legal Medicine and Medical Jurisprudence

6 / 35 36. A personal disqualification that may cause the revocation of a physician’s certificate of registration is: A. Unprofessional conduct B. Issuing false medical certificates C. Immoral or dishonorable conduct D. Guilty of an offense involving moral turpitude Answer: C Reference: Chapter XVI –Liabilities of Physicians; pp.179 Medical Jurisprudence by Pedro Solis (1988 ed) MPL: 0.25 37. Josefa had herself aborted by a midwife. She subsequently went to Dr. Juana who did a D&C to complete the abortion. Dr. Juana did not report the matter to the police authorities. What is Dr. Juana’s liability if any? A. No liability B. Liable as principal for doing the D&C C. Only administratively liable D. Liable as accessory for not reporting Answer: D Reference: Chapter VIII –Criminal Liabilities of Physicians; p.201 Medical Jurisprudence by Pedro Solis (1988 ed) MPL: 0.25 38. Jose’s inability to pay Dr. Kildare his fees for services rendered may result in: A. Automatic termination of the patient-MD relationship B. Action for collection filed by the physician against the patient C. Lessened physician liability for negligence D. Abandonment Answer: B Reference: Chapter V –Rights of Physicians; p.105 Medical Jurisprudence by Pedro Solis (1988 ed) MPL: 0.5 39. In a case of botched up surgery, Dr. Pedor, the chairman of surgery at Marconi Medical Center was called in to testify on the procedure. He is giving testimony as: A. Percipient witness B. Expert witness C. Hostile witness D. Defense witness Answer: B Reference: Chapter XXI –Medical Witness and the Court; pp.454-455 Medical Jurisprudence by Pedro Solis (1988 ed) MPL: 0.75 40. One of the following is not a liability resulting from the wrongful act by a physician: A. Criminal B. Moral C. Civil D. Administrative Answer: B Reference: Chapter VII –Liabilities of Physicians; pp.171-172 Medical Jurisprudence by Pedro Solis (1988 ed) MPL: 0.75 41. Dr. Pedro had surgical training in a government hospital but did not take the Philippine College of Surgeons specialty examination. Dr. Juan completed his surgical training at UCLA Medical Center and upon his return was certified as Fellow of the Philippine College of Surgeons. Out of envy at the high patient traffic of Pedro, Juan filed a complaint against Pedro with the PRC for false claims of the latter as a surgeon. One of the following is correct: A. Pedro must possess the degree of skill and knowledge possessed by a surgeon since he claims to be one B. Specialty society affiliation is the only basis for one to be a specialist C. Specialty society certification is superior to the specialist certification under the Department of Health System D. Pedro is a only surgeon in practice Answer: A Reference: Chapter IV –Physician-Patient Relationship; p.72 Medical Jurisprudence by Pedro Solis (1988 ed) MPL: 0.5 42. An administrative complaint was filed with the PRC against a physician who was eventually found guilty. This may result in: A. Reprimand, suspension or revocation of license to practice B. Imprisonment for criminal negligence C. Civil damages paid to the patient to compensate for injuries sustained D. Need to be re-certified Answer: A Reference: Chapter VIII –Liabilities of Physicians; p.178 Medical Jurisprudence by Pedro Solis (1988 ed) MPL: 0.5 Legal Medicine and Medical Jurisprudence

7 / 35 43. Dr. P. Alikero’s wife filed an administrative complaint before the PRC against her husband who was living with a mistress for having abandoned her and her three children. The doctor’s acts are grounds for revoking his registration certificate and classifed as: A. Personal disqualification B. Unprofessional conduct C. Unethical conduct D. Criminal act Answer: A Reference: Chapter VIII –Liabilities of Physicians; p.179 Medical Jurisprudence by Pedro Solis (1988 ed) MPL: 0.5 44. One of the following does not necessarily terminate the patient-physician relationship and will render the physician liable: A. Recovery B. Discharge against advice C. Discha...