Medical Jurisprudence
Intro to Med Juris – Dr. Logronio
MEDICAL JURISPRUDENCE
• Law applied to the medical profession
o When you say “medical jurisprudence,” it’s a
study of law as applied to medical profession
o Study laws, rules, cases decided by the
supreme court, regulations and everything that
is a parameter as doctors that will guide you in
the practice of medical profession
o Law, regulations, policies and the likes -
coverage of medical jurisprudence
• In comparison with legal medicine
o Legal medicine
▪ a branch of medicine that is applied
to law
▪ reverse of medical jurisprudence (law
applied to medical profession)
• In this subject, we will focus in the relationship between
the doctor or the physician and the patient
o The contractual relationship
o What are the laws, rules, regulations that will
define the relationship
• But before that, may mga preliminaries including medical
education which tackles how you are going to enter med
school and how you would enter to the practice of
medicine
• Literally, when you say “jurisprudence,” this commonly
understood as court decisions
o To a law student or lawyer, jurisprudence are
decisions of the court – specifically decisions of
the Supreme Court
o Supreme Court – highest court in the country
o Why are these decisions important?
▪ Because they have the force and
effect of law (parang batas din yan)
▪ The decisions of the court will
interpret what does the law mean
▪ Kung anong sinabi ng Korte Suprema,
that is how we are supposed to
interpret the law and it stays until
baguhin ulit nila (Stare decisis)
▪ Stare decisis – if the court decides
this way and if the same set of facts
comes back again, the court will have
to decide that way also, applying
what has been laid out in the
previous decision made by the court
• Literally, “Medical Jurisprudence” means decisions of the
court related to the practice of medicine (lawyer/ law
student)
• For med students, we are studying law as applied to
medical professions, incorporated na jan ang decisions
by the court, rules, regulations, laws enacted by
congress, issuances by Malacañang, the executive, and
so on and so forth
• Importance:
o If you’re a doctor, your activities/ authorities as
a physician have to be in the bounce of law
o The relationship with your patient is not a
friendly relationship, it is a legal tie between a
patient and us – in fact it is a contract
o When you say contract, may batas tayo tungkol
sa kontrata. If you violate this contract there
will be sanctions - either matanggalan ka ng
lisensya, magbayad ka or makulong ka – and
we do not want that to happen
o There are corresponding sanctions to your
mistake or your negligence
▪ Negligent -> violation to your
contract with the patient -> sanctions
as provided by the law: either you
lose your license, pay money or you
go to prison (civil, administrative and
criminal sanctions/liabilities)
o The three-fold liabilities: civil, administrative
and criminal
o It’s difficult to become a physician, but it is
easier to lose your license, much worse you go
to prison and worst you lose your savings
because of your negligence or because of you
not knowing the parameters of the practice of
the medical profession.
o Ignorance of the law is not an excuse
• Medical Jurisprudence is a board-exam subject along
with the clinical subject levels (finals)
• Why are we studying Medical Jurisprudence?
o Because it is mandated by law
▪ The Medical Act of 1959 requires
Medical Jurisprudence to be included
in the curriculum
▪ The Medical Act tells us that it should
be included in the board
examinations
▪ Medical and Law students study this
so they would know how to handle
cases
-------------------------------End of Lecture-------------------------------------
MEDICAL JURISPRUDENCE
Definition
• Jurisprudence
o philosophy of law; the science which treats of
the principles of positive law and legal relations
o science of law that science which has for its
function to ascertain principles of which legal
rules are based, to classify those rules in
proper order and show their relation to one
another and settle the manner under
appropriate rules
• It comprises all laws, rules, doctrines and principles, legal
opinions and decisions competent authority regarding
governance and regulation of the practice of medicine
• Emphasizes the duties of a physician to his patients and
the regulations for the practice of medicine and the
relation of law to medical practice
1
Medical Jurisprudence
Intro to Med Juris – Dr. Logronio
• Denotes knowledge of law in relation to the practice of
medicine
• Branch of law that deals with the application of law to
medicine
• Primarily concerned with legal rights and responsibilities
of medical practitioners especially in relation to the
doctor-patient relationship
• Means legal aspects of practice of medicine
Legal Medicine vs. Medical Jurisprudence
• Legal medicine
o Concerned with the application of medical and
paramedical scientific knowledge to certain
branches of law, both civil and criminal
o Aims to aid the administration of justice by
correlating such knowledge and applying it to
the purpose of law
• Medical Jurisprudence
o Denotes knowledge of law in relation to
medical practice
o Deals with those relations which are generally
recognized as having legal consequences
o Primarily concerned with legal rights and
responsibilities of physician arising from the
doctor-patient relationship
Medical Law
• Concerns the right and duties of the medical profession
and the rights of the patient
• Three main areas within medical law:
o The law on confidentiality
o Negligence and other torts in relation to
medical treatment
o Criminal law in relation to medical practice and
treatment
• Issues concerning ethics and medical practice are
increasing
History of Philippine Medical Law
• Board of Medical Examiners
o Created on December 4, 1901 by virtue of
Public Act No. 310
o It regulated not only the medical profession
but also the practice of midwifery
o Under the Department of Interiors but the
members were appointed by the
Commissioner of Public Health upon the advice
and consent of the Board of Health
o 1932 – placed under the Department of Public
Instruction with the enactment of Public Act
No. 4007
• Medical Act of 1959 (RA2382)
o Republic Act No. 2382 was enacted in June 20,
1959
o Lead to the creation of separate board for
midwives on June 18, 1960
o Amended by RA 4224 on June 29, 1959 and by
RA5946 on June 21, 1969
• In 1990, the Board conducted its first fully-computerized
licensure examinations
• Board of Medical Examiners is now called the Board of
Medicine and not one of the professional regulatory
boards of the Professional Regulation Commission of the
Philippines
Place of law in medical profession
• Ignorantia legis non excusal (L.) meaning Ignorance of
the law excuses no one
• The practice of the medical profession is not a natural
right but a privilege bestowed by the state on those who
show that they possess, and continue to possess the
qualifications required
• To be a physician is a privilege burdened with conditions
• A doctor may be suspended or his license revoked or
suspended by any misconduct showing any fault or
deficiency in moral character, honesty, probity or good
demeanor.
• Recognizing that the practice of medicine is a privilege
and not a natural right is necessary as a matter of policy
in the interest of public health, safety and welfare to
provide laws and provisions covering the granting of that
privilege
o It provides regulations to the ed that the public
health shall be protected against
unprofessional, improper, unauthorized and
unqualified practice of medicine and from
unprofessional conduct by persons licensed to
practice
Functions of the law in medicine
• It provides framework for establishing what medical
actions in the care of patients are legal
• It delineates the physician’s responsibilities from those of
other health practitioners
• It helps to establish the boundaries of independent
medical action
• It assists in maintaining a standard of medica practice by
making physicians accountable under the law
• It must be “fit in” with age of rapid technological and
different moral standards
Sources of the Law
• Statutory Law
o Laws passed by the congress
o These laws cover the rules for our relationships
with each other
o Ex. Medica Act of 1959
• Constitutional Law
o Refers to rights, privileges and responsibilities
that are stated in or are inferred from the
Philippine Constitution
o There can be no law that is contrary to the
constitution
o All law must be consistent to the constitution
o Ex. The right to privacy
2
Medical Jurisprudence
Intro to Med Juris – Dr. Logronio

• Administrative Law • Rules we follow in legal

o Refers to rules and rulings made by proceedings/ procedures we
administrative agencies that have been follow in court
granted the authority by statute (legislatively • Covers qualifications of expert
passed laws) to act in this manner witnesses, rules in DNA
o Make administrative issuances in the form of evidences, etc.
the administrative order
o Public Law
o Ex. Rules and regulations passed by the Board
▪ Concerns the state in general in its
of Medicine to control medical practice
political or sovereign capacity
• Common Law
▪ Laws meant to be in place to ensure
o Refers to the decisions made by judges in court
peace and order
cases or established by rules of custom and
tradition Public Law
o The first law, or case law, is the result of legal Criminal Law • Defines what is a crime and
principle, stare decisis, which means that once
what is the corresponding
an issue has been decided all other cases
penalty
concerning the same issue should be decided
• Governs violation of the law
the same way
that are punished as offenses
Decisions of Competent Principles against the state or
government
• Decisions of courts • Involves the welfare and safety
o Interpretation of the law (Judicial branch) of the public as a whole
o Put into writing in the form of decisions • People of the Philippines VS
• Also has the same force and effect of law such that if the Juan dela Cruz
same issue arises again, courts can go back to their
previous decision and ask how they resolve a previous International • Governs relationship with
issue Law other nation
• Public international law – body
Branches of the Law of rules which controls the
conduct of independent states
• Divine Law
in their relation with each
o Comes from religion other
o Depending on the laws of a specific religion to • Private International Law –
follow and the state will not interfere with that determines whether, in
o Constitution says that there will be separation dealing with a legal situation,
between the state and religion the law of some other state
o Not enforced by state/man/government will be recognized, given
• Human Law effect, or applied
o Enacted by man and comes from legislative, Political Law • Branch or jurisprudence which
executive and judiciary treats the science of politics or
o Private Law the organization of the
▪ Does not concern the state in general government
▪ Privet entities
• Family code
• Civil code (Dr-px)

Private Law
Sources:
Civil Law • Concerned with relations
between individuals (Dr-Px ➢ Dr. Lagronio’s live lecture
relationship) ➢ Revenger’s Trans
➢ Basis of Philippine Medical Jurisprudence and Ethics
Commercial • Rights of property and relations
2010
Law of person’s engagement to
commerce

Remedial • Prescribes method of enforcing

Law rights or obtaining redress for
their invasion