Medical JurisprudenceYL7

Maria Cleofe Gettie C. Sandoval, JDAteneo School of Medicine and Public Health

July 28, 2010

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Subject Objectives: Understand the policy framework

including the regulatory and legal bodies and political environment governing the practice of medicine in the Philippines.

Define the elements comprising the practice of medicine

Know the different rights, duties, liabilities and responsibilities when physician-patient relationship exists

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Introduction

Comprehend the substantive and procedural laws that affect the practice of medicine

Identify the doctrines relevant to medical negligence and the corresponding penalties that doctors may be liable of.

Analyze laws and policies that affect the health providers

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Introduction

Analyze and recommend relevant policies in the different areas of the practice of medicine

Share views on existing laws and policies with classmates

Appreciate the value of knowing policies, laws, regulations affecting health and the practice of medicine

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Introduction

Sources of class discussion:Medical Laws and Jurisprudence (main textbook)

By Atty. Peter P. Ng, MD,PhD, FPAP Dr. Philipp U. Po, MOH, DPCOM

2006 edSupreme Court decisionsRelevant laws

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Introduction

Grading: written exams: midterm and finals class participation: recitation and

group participation paper/s attendance

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Introduction

Share a personal encounter/experience you may have had the legal system (courts, enforcers, lawyers)

What do you know about the Philippine political system (eg. form of government, structure of government, powers/ functions, composition)

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Group Work

Medical Jurisprudencelegal aspect of medical practice

Legal fundamentalsLicensure and regulatory lawsPractice of medicinePhysician-patient relationshipMedical negligenceRemedial law aspects in the practice of medicineOther related topics

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Legal and Political frameworkUnderstanding the policy and legal

environment of the practice of medicine

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Branches of government:Legislative- legislative power shall be vested

in the Congress of the Philippines which shall consist of a Senate and a House of Representatives

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Legal and Political Framework

Powers:- authority to make, alter, repeal laws- Act as sole judge of all contests relating to the

elections, returns and qualifications of the members of Congress

- Be members of the Commission on Appointments- Conduct legislative investigations- Approve annual appropriations of government- Declare the existence of a state of war- Pass tax laws- Control expenditure of public funds

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Legal and Political Framework

 Executive – executive power shall be vested

in the President

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Legal and Political Framework

Powers:- act as head of state, commander-in-chief- Exercise appointing power- Control all executive departments, bureaus,

offices- Ensure faithful execution of laws- Grant executive clemency- Enter into contracts or guarantee foreign loans- exercise foreign relations powers- Address opening of regular session of

Congress

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Legal and Political Framework

Judiciary – judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law

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Legal and Political Framework

Powers:- determine actual controversies arising

between adverse litigants duly instituted in courts of proper jurisdiction

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Legal and Political Framework

Separation of Powers and Checks and Balance:

Executive to Legislature:- veto power- prepares proposed budget for the General Appropriations Act

Executive to Judiciary:- can grant executive clemency- appoints members of the Supreme Court

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Judiciary to Executive and Legislative - declare laws unconstitutional

Legislative to Executive:- override veto power by 2/3 vote- reject appointments thru Commission on Appointments- revoke proclamation of martial law or suspension of writ of habeas corpus

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Policy- A plan, course of action as of a government,

political party, or business, intended to influence and determine decisions, actions, and other matters

- Purposive course of action

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Health Policy a statement of a decision regarding a goal

in health care and a plan for achieving that goal.

In developing policies, identify the policy area, issue, question, responses

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Policy Instruments- Financing (subsidies, donations, fees)- governance (information, training)- Regulation (licensing, accreditation)- Service delivery (provision, coverage in

scope and scale)

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Policy issuances may be:1. laws Legislation – passed by Congress Jurisprudence- cases decided by courts

2. Administrative orders – rules and regulations issued by the administrative agencies

3. Statements/briefs

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Constitutional provisions on health:Sec 15, Article II. The State shall protect and promote the right to health of the people and instill health consciousness among them

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Sec. 11, Art XIII. The State shall adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods, health and other social services available to all the people at affordable cost. There shall be priority for the needs of the underprivileged sick, elderly, disabled, women and children. The State shall endeavor to provide free medical care to paupers.

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Assignment (for August 4) Chapters 1-4,6 Generics Act of 1988 (Republic Act 6675)Tobacco Regulation Act of 2003 (Republic Act

9211) Universally Accessible Cheaper and Quality

Medicines Act of 2008 (Republic Act 9052) Case of Del Rosario vs. Bengzon, GR 88265,

December 21, 1989 (180 SCRA 521)

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