Presentation Transcript

1. Medical JurisprudenceYL7

   Maria CleofeGettie C. Sandoval, JD Ateneo School of Medicine and Public Health July 28, 2010
2. Introduction 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
3. 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
4. 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
5. 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 ed Supreme Court decisions Relevant laws
6. Introduction Grading: written exams: midterm and finals class participation: recitation and group participation paper/s attendance
7. Group Work 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)
8. Medical Jurisprudence legal aspect of medical practice Legal fundamentals Licensure and regulatory laws Practice of medicine Physician-patient relationship Medical negligence Remedial law aspects in the practice of medicine Other related topics

9. Legal and Political framework

   Understanding the policy and legal environment of the practice of medicine
10. Legal and Political Framework 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
11. 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
12. Legal and Political Framework Executive – executive power shall be vested in the President
13. 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
14. 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
15. Legal and Political Framework Powers: - determine actual controversies arising between adverse litigants duly instituted in courts of proper jurisdiction
16. 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
17. 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
18. 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
19. 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
20. Policy Instruments Financing (subsidies, donations, fees) governance (information, training) Regulation (licensing, accreditation) Service delivery (provision, coverage in scope and scale)
21. 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
22. 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
23. Sec. 11, Art XIII. The State shall adopt an integrated and comprehensive approach to health developmentwhich 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.
24. 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)