LEGAL MED Superexam TOPNOTCH

20. Which of the following is res ipsa loquitor not applicable? A. Treatment did not produce desired results B. Knocking out a tooth during intubation C. Leaving an epidural catheter which resulted to infection D. Lacerations on scalp of neonate during cesarean section E. NOTA

100 A. Basics of Philippine Medical Jurisprudence and Ethics 2010 p.143

During an epidemic or national emergencies the following may be given limited and special authorization by the Secretary of Health to practice medicine except: A. Post Graduate Medical interns B. Registered nurses C. Medical students who have completed the first 4 years of medicine D. Underboard graduates of medicine E. None of the above

101 E. Page 3 of Topnotch Handout. Med students who have completed the first 4 years of medicine, graduates of medicine, RNs may be given limited and special authorization by the secretary of health during epidemics or national emergencies.

Dr. A performed an autopsy without proper authorization from the next of kin or competent authorities. What is his liability? A. Civil liability only B. Criminal liability only C. Both civil and criminal liability D. Administrative liability only E. Administrative and civil liability

131 C. SIMILAR TO PREVIOUS BOARD EXAM CONCEPT.

A physician issued a medical certificate in favor of a friend who was absent from work attesting the latter was sick when in fact he was not. The physician under the law is liable: A. Civilly B. Administratively C. Morally D. Criminally E. Both administratively and criminally

132 E.

The hospital is almost full and the only vacant beds are in the ward. An infectious case was admitted in the ward resulting to contamination of other patients. The patient who admitted the patient is liable under the Doctrine of: A. Last clear chance B. Continuing negligence C. Contributory negligence D. Foreseeability E. Captain of the ship

133 D. SIMILAR TO PREVIOUS BOARD EXAM CONCEPT

Dr. Juan dela Cruz witnessed a stabbing incident while doing his groceries. He was called upon in court to describe what he saw and heard during the incident. What form of witness is he appearing for? A. Expert witness B. Professional witness C. Ordinary witness D. Medical witness E. Civilian witness

15 C. Ordinary witness describes only what he perceived without providing interpretation of giving professional opinions. Expert witness provides interpretation and opinions regarding facts according to his/her field of expertise. Source: Topnotch handout on legal medicine.

A physician stands on trial for a civil case, the burden of proof needed by the prosecution to convict the physician is: A. Guilt beyond reasonable doubt B. Substantial evidence C. Circumstantial evidence D. Preponderance of evidence E. None of the above

147 D. A preponderance of evidence is needed to convict one in a civil case.

Dr. A lost in a civil case and was ordered by the court to pay in compensation for the pecuniary loss suffered by his patient, this is: A. Actual damages B. Moral damages C. Liquidated damages D. Exemplary damages E. None of the above

148 A.

The following are signs of death except A. Cessation of respiration B. Algor mortis C. Cessation of circulation D. Loss of consciousness E. All of the above

149 D.

What amount of evidence must be presented in order to convict a physician in a civil case? A. Guilt beyond reasonable doubt B. Preponderance of evidence C. Substantial evidence D. Physical evidence E. Adequate evidence

204 B. Criminal case: guilt beyond reasonable doubt. Administrative case: Substantial evidence.

Dr. Reyes lost an administrative case filed against him by his wife. He would be penalized as ________. A. Imprisonment B. Damages C. Suspension or revocation of his license D. Community service E. Destierro

205 C. Criminal case: Imprisonment. Civil case: Damages.

The National Health Insurance Act is also known as: A. RA 7578 B. RA 7875 C. RA 9241 D. RA 9142 E. RA 1995

206 B. This was approved on February 14, 1995 by President Fidel Ramos.

PhilHealth's goal of universal coverage or Kalusugan Pangkalahatan is defined as _____ of the Philippine population. A. 70% B. 75% C. 80% D. 85% E. 90%

207 D.

The doctor-patient relationship is fiduciary in that it implies: A. Mutual respect B. Mutual consent C. Mutual trust D. Mutual benefits E. Meeting of two minds

208 C.

Reinstatement of one's license may be applied for after a period of how many years? A. 1 year B. 2 years C. 3 years D. 4 years E. 5 years

209 B.

The most prominent sign of the death is: A. Algor mortis B. Rigor mortis C. Cadaveric spasm D. Negative respiration E. Negative heart rate and BP

11 A.. Algor mortis is a progressive fall of the body temperature. It is the most prominent sign of death. Algor mortis â€" most prominent sign of death Source: Topnotch handout on legal medicine.

Which of the following is an administrative liability of a hospital? A. Failing to place sideboards on a bed after they were deemed necessary B. Administering the wrong blood product C. Improperly administering a hypodermic injection D. Keeping a hot water bottle too long on a patient's body E. None of the above

273 A.

As a result of deformity sustained from an operation, a doctor was sued by his patient for mental anguish and social humiliation. The type of damage she can recover is? A. Actual damage B. Exemplary damage C. Compensatory damage D. Moral damage

274 D.

The doctrine which will bar a patient from recovering damages because he assents to the risks of injury: A. Doctrine of assumption of risk B. Contributory negligence C. Doctrine of continuing negligence D. Doctrine of sole responsibility

275 A.

Which of the following psychological patterns of a doctor-patient relationship is present if the patient seeks help and is ready and willing to participate? A. Activity-passivity B. Mutual participation C. Guidance-Cooperation D. Superior knowledge E. None of the above

276 C.

Objects or substances which maybe a part of the body of the crime refers to: A. Testimonial evidence B. Associative evidence C. Tracing evidence D. Experimental evidence E. Corpus delicti evidence

277 E.

What is the estimated duration of cadaveric rigidity in tropical countries during summer? A. 18-36 hours B. 24-48 hours C. 48-72 hours D. a short time immediately after death E. None of the above

278 A. tropical summer - 18-36; tropical cold weather 24-48; temperate climate - 2-3 days

This prevents an individual from being admitted to the practice of medicine A. Age 19 years B. Passed the board examination on his third retake C. Holder of a valid Certificate of Registration issued by the Board of Medicine D. Must not have been convicted of any offense involving moral turpitude

394 A. Minimum age requirement to practice medicine is 21 years.

Which one of the following is measured by the space of time provided by the physician and not by the quality and quantity of medical services rendered? A. Retainer fee B. Package deal fee C. Contractual fee D. Simple fee

395 A.

The hospital is almost full and the only vacant beds are in the ward. An infectious case was admitted in the ward resulting to contamination of other patients. The physician who admitted the patient is liable under what doctrine? A. Foreseeability B. Last clear chance C. Continuing negligence D. Contributory negligence

396 A.

The Medical Records Department refused to disclose the clinical records of a patient. The patient may seek redress through: A. Mandamus B. Court injuction C. Certoriari D. TRO

397 A.

Operating without consent constitute an assualt, and an assault, even without specific proof of injury resulting from it, entitles the plaintiff to this type of damages: A. Liquidated damages B. Nominal damages C. Temperate damages D. Moderate damages

398 B.

Patient was aware that physician was drink yet he allowed the doctor to inject him. Which doctrine is applicable? A. Continuing negligence B. Vicarious liability C. Res ipsa loquitor D. Captain of the ship

399 C.

Which of the following is NOT an inherent right of the physician? A. Choose patients B. Exemption from execution of instruments and library C. Avail of hospital services D. Limit the practice of medicine E. Determine the appropriate management and procedures for his patients

35 B.

Creditors of a doctor may ask the court to levy the latter's property except: A. His resthouse in Baguio B. His Macbook Pro C. His premedical books amounting to 1M D. His medical equipment worth 500,000 E. None of the above

457 D. Exemptions include: medical instruments and medical books not pre-medical books.

Dr. Y left a forceps in the abdominal cavity after an explore lap to a patient suffering from stab wound. The applicable legal principle in this case is: A. Doctrine of vicarious liability B. Doctrine of contributory negligence C. Doctrine of res ipsa loquitur D. Doctrine of forseeability E. Doctrine of Continuing negligence

458 C. Doctrine of res ipsa loquitur is also known as common knowledge doctrine. The nature of the wrongful act is suggestive of negligence such as some foreign bodies that are left unintentionally during closing of an incision.

Mr. Sy is a patient who promised to pay Dr. G two million pesos if he is cured for his cancer. The medical fee to be collected which is considered unethical is: A. Contractual fees B. Contingent fees C. Retainer's fees D. Professional fees E. None of the above

459 B. Contingent fees depends on the success or failure of the treatment insituted. It is unethical in the practice of medicine.

It is an expressed acknowledgement by the accused in a criminal case of the truth of his guilt as the crime charged. A. Interrogation B. admission C. confession D. declaration E. None of the choices

468 C. confession is the acknowledgement of guilt, while admission is acknowledgement of fault but not guilt.

What is the most prominent sign of death? A. Algor mortis B. Rigor mortis C. Livor mortis D. Muscle rigidity E. Instantaneous rigor

469 A..

A statement made by a dying patient to the attending physician in reference to the persons who inflicted injury on him is known as: A. Privileged communication B. Dying declaration C. Hearsay evidence D. Inadmissible evidence E. None of the above

633 B.

This prevents an individual from being admitted to the practice of medicine: A. Age of 19 yrs 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 E. All of the above

634 A.

There is negligence in which of the following acts: A. Not giving antibiotics in a patient with a few hours fever with no other signs and symptoms B. Not doing a skin test before administering IV oxytocin C. Not giving tetanus toxoid to a patient who stepped on a nail D. Giving of prescriptions using the generic name of the drugs only E. None of the above

504 C.

Post-operative abdominal x-ray revealed a mosquito forceps in the film. Which doctrine is applicable? A. Doctrine of vicarious liability B. Doctrine of continuing negligence C. Doctrine of contributory negligence D. Doctrine of res ipsa loquitur E. Doctrine of direct negligence

505 D.

Luisa was refused to see her in-hospital records. She may request access to her file by filing a petition in the court for: A. Mandamus B. Temporary restraining order C. Presidential decree D. Right to medical records by patient E. Injunction

506 A..

All of the following are considered hospital employees, except: A. House anesthesiologist B. Resident physicians C. Staff nurse D. Orderlies E. Junior interns

507 E.

Which of the following medical fees are considered unethical? A. Dichotomous fees B. Contractual fees C. Professional fees D. Retainer's fees E. None of the above

508 A..

Which of the following adverstisements is unethical? A. Obstetrician and Gynecologist B. Consultation hours: 10am to 4pm C. Infertility Specialist D. Trained at John Hopkins Hospital E. None of the above

509 D.

Which of the following is measured by the space and time provided by the physician and not by the quality and quantity of medical services rendered: A. Retainers fee B. Package deal fee C. Contractual fee D. Simple fee E. Professional fee

635 A. retainers fee

Principle applied when the medical fee is not specified: A. "Assumpsit on quanthum merit" B. "lex Loci contract" C. "Dura lex sed Lex" D. "Sine Qua now" E. None of the above

636 A.

Before admission to the hospital, Mr. Tindoc was informed of the absence of window bars to prevent a psychiatric patient from jumping. a. Assumption of risk b. Res ipsa loquitor c. Continuing negligence d. Common knowledge

564 A.

Pregnancy may be a ground for the annulment of marriage when: a. Wife conceals the fact the child is that of another man b. Husband at the time of marriage knows the child is not his c. Wife conceals the pregnancy caused by her husband d. The husbands files for annulment 10 years from the discovery the child is not his

565 A.

Which cannot be sued and thus vicarious liability does not apply: a. Government hospitals with proprietary functions b. Charity hospitals c. Private hospitals d. Public hospitals with governmental functions

566 D.

Tardieu spots are seen during the autopsy, what was the cause of death? a. Hanging b. Manual strangulation c. Ligature strangulation d. Choking

567 A.

A whitish foam in the mouth and nostrils as a sign of drowning is: a. Emphysema b. edema aquasum c. tache noire d. champignon d'ocume

568 D.

Presidential Decree 169 mandates all doctors to report all cases involving: a. slight and less physical injury b. less serious and serious physical injuries c. mutilation d. child abuse cases

569 B.

Method of conducting a search in which in which the area is blocked out in the form of a rectangle in which the searcer proceeds slowly at the same pace along the path parallel to the one side of the rectangle? A. Zone B. Wheel C. Spiral D. Strip E. Grid

57 D. Strip Method: area is blocked out in the form of rectangle. The searcher proceeds slowly at the same pace along the path parallel to the to the side of the rectangle. Grid Method: the searchers will traverse first parallel to the base and then parallel to the side Spiral Method: the searchers follow each other in the path in the spiral manner beginning from the center towards the outside or vice versa Wheel Method: the searchers gather at the center and proceed outwards along radii or spokes Zone Method: Whole area is divided into subdivision or quadrants and search is made in the individual quadrants

Injury that may be found in areas of the skull offering the least resistance: a. Locus minoris resitencia b. Countre-coup injuries c. Remote injuries d. Coup injuries

570 A.

A test finding wherein the middle ear of a child, before birth is filled with gelatinous, embryonic connective tissues but disappears after birth. a. Fodere’s b. Wredin’s c. Winslo’s d. Breslau’s

571 B.

Fingerprints are formed in the fetus during pregnancy in the: a. Second month b. Third month c. Fourth week d. Fourth month

572 D.

Test for determining whether semen is of human origin or not is: a. Precipitin b. Takayama c. Florence d. Benzidine

573 A.

Disorientation, mental confusion, dizziness, sensory disturbances exaggerated emotional state suggest that the blood alcohol level is: a. 150 - 300mg% b. 400 - 500 mg% c. 100 - 120 mg% d. 80 mg %

574 A.

A child is legitimate if he/she was born in lawful wedlock or within how many days after the dissolution of marriage: a. 320 days b. 280 days c. 300 days d. 360 days

575 C.

A gunshot victim was brought to Dr. Tindoc for management. Dr. Tindoc refused to treat the patient since he is a pathologist. Which one of the following is applicable? a. Dr. Tindoc has the right to choose his patients. b. It is illegal to refuse rendering medical service. c. Dr. Tindoc is liable for damages. d. Dr. Tindoc must manage the gunshot victim.

576 D.

Burden of evidence needed to convict a physician for criminal malpractice: a. Substantial evidence b. Circumstantial evidence c. Proof beyond reasonable doubt d. Preponderance of evidence

577 C.

The body should be buried within how many hours if the death is due to dangerous communicable disease a. 6 hours b. 12 hours c. 24 hours d. 48 hours

578 B.

The form of evidence given by the attending physician of a dying patient who related to him that his wife stabbed him. a. hearsay evidence b. dying declaration c. testimonial evidence d. deposition

579 B.

Post-mortem Lividity? A. Livor Mortis B. Rigor Mortis C. Cadavenic Spasm D. Putrifaction E. None of the Above

671 A. Livor mortis is a settling of the blood in the lower (dependent) portion of the body, causing a purplish red discoloration of the skin. When the heart stops functioning and is no longer agitating the blood, heavy red blood cells sink through the serum by action of gravity.

Instances wherein it is required to do autopsy except:? A. Violence B. Accidents C. Suicide D. Natural Death E. None of the Above

672 D. An autopsyâ€"also known as a post-mortem examination, necropsy (particularly as to non-human bodies), autopsia cadaverum, or obductionâ€"is a highly specialized surgical procedure that consists of a thorough examination of a corpse to determine the cause and manner of death and to evaluate any disease or injury that may be present. It is usually performed by a specialized medical doctor called a pathologist.

Exit round for bullets? A. Large, Star shaped B. With tatooing of smudging C. Everted Edges D. Inverted Edges E. None of the Above

673 C. Exit wounds - as we have already mentioned - are usually larger than the entrance wound. Exit wounds will often bleed profusely as they are larger but entrance wounds can sometimes look only like small holes - unless the weapon is fired at close proximity to the victim.

Born out of lawful wedlock? A. Legitimate B. Illegitimate C. Legitimated D. Adopted E. All of the above

674 B. In common law, legitimacy is the status of a child born to parents who are legally married to each other; and of a child conceived before the parents receive a legal divorce. Conversely, illegitimacy (or bastardy) is the status of a child born outside marriage.

Laws not enforced by the state, except? A. Remedial Law B. Natural Law C. Divine Law D. Moral Law E. None of the above

675 A. Remedial Law is that which prescribes the manner of enforcing Legal rights and claims.

Requirements for admission to practice medicine in the Philippines, except? A. 21 years of age B. Passed the board exam C. Natural born citizen of the Philippines D. Holder of certificate of registration E. None of the above

676 C. 21 years of age Passed the board exam Holder of certificate of registration

An american surgeon on vacation joined a medical mission in which he performed circumcision for children in Samar. He is_____: A. Practicing medicine B. Illegally practicing medicine C. Committing medical malpractice D. A and c E. None of the above

677 B.

Grounds for reprimand, suspension, and revocation of license includes the following except: A. Immoral conduct B. Dishonorable conduct C. Fraud D. Insanity E. Sleeping while on duty

678 E.

When a physician is found guilty of a criminal act, he may be punished with? A. Imprisonment B. Revocation of license C. suspension D. fined E. A and D

679 E.

What is the evidence needed for conviction of a physician in an administrative case A. Guilt beyon reasonable doubt B. Preopenderence of evidence C. Substantial evidence D. Autoptotic evidence E. Circumstantial evidence

70 C. Criminal- Guilt beyond reasonable doubt; Civil- Prepoderence of evidence; Adminstrative- Substantial evidence

All of the following are chemical examinations in detection of blood and blood stains EXCEPT? A. Luminescence test B. Guaiacum test C. Kastle-Meyer test D. Benzidine test E. none of the above

259 A. luminescence test is a physical test

Patient prmised to pay his doctor if he is cured of his cancer. This refers to: A. Contingent fee B. Simple contractual fee C. Packaged deal fee D. Retainers fee E. None of the above

270 A.

A fiduciary physician-patient relationship is based on: A. law B. court order C. mutual trust D. mutual concent E. All of the above

271 C.

Burden of evidence needed to convict a physician for civil liability A. Substantial evidence B. Preponderance of evidence C. Proof beyond reasonable doubt D. Circumstantial evidence

272 B.

Medical service is referred to in the physician-patient relationship as: A. Object of the contract B. Cause or consideration C. Consent D. Professional fee E. All of the above

1 A.. The professional fee is the cause or the consideration. The nature of the relationship is consensual and fiduciary. Source: Topnotch handout on legal medicine.

On changing the position position of a cadaver, the location of lividity does not shift. Which form of suggilation is this? A. Disinterment B. Hypostatic C. Osmotic D. Diffusion E. Algor mortis

10 D. Kinds of portmortem lividity - Hypostatic: Early stage, blood is still fluid within the blood vessels, any change in position of the body leads to the formation of lividity in another place - Diffusion: Later stage, blood has coagulated and changes in position will not change the location of lividity Source: Topnotch handout on legal medicine.

A physician-patient relationship is seen in which of the following circumstances: A. Pre-employment PE where the patient was given a prescription B. A surgeon performing an autopsy C. Relative asking casual questions during a reunion D. PE for determining eligibilty for an insurance E. A physician examining a suspect upon appointment by the court

102 A. SIMILAR TO PREVIOUS BOARD EXAM CONCEPT/PRINCIPLE. Page 3 of Topnotch Handout. B to E are instances where there is no MD-patient relationship.

In the classical classification of mental deficiency, an imbecile has an IQ of: A. 0 to 20 B. 21 to 40 C. 52 to 67 D. 41 to 70 E. 36 to 51

103 B. Page 54 of Topnotch Handout. In the classical classification Idiot- 0-20, Imbecile 21-40, Feeble minded 41-70. In the Politically correct classification Profound <20, Severe 20-35, Moderate 36-51, Mild 52-67.

A 23 y/o male suffered several injuries due to a vehicular accident, The color of his contusions should appear _________ after 4-5 days: A. Red B. Purple C. Green D. Yellow E. Starting to disappear

104 C. Page 29 of Topnotch Handout. The age of contusion can be appreciated from its color changes. Red-purple soon after its complete development, Green in 4-5 days, yellow in 7- 10 days, gradually disappears on the 14-15th day.

Mr. P who works as a professional tennis player was assaulted by one of his opponents after he beat the latter in a tournament. Due to the assault he was confined for one week and he became blind in one eye. The penalty for such injury is: A. Arresto mayor B. Prison mayor C. Prison correcional in its minimum and medium period D. Prison correcional in its medium and maximum period E. None of the above

105 D. Page 29 of Topnotch Handout. Serious physical injuries resulting in 1) loss of the use of speech or the power to hear or to smell, or loss of an eye, a hand, a foot, an arm or a leg; 2) loss of the use of any such member, 3) becomes incapacitated for the work in which he was therefore habitually engaged is punishable by PRISON CORRECIONAL IN IT MEDIUM AND MAXIMUM PERIODS.

Doctor L, was charged by the relatives of a former patient before the Public Prosecutor's office with Homicide resulting from Gross Negligence and Reckless Imprudence, He is most likely being charged with: A. Administrative liability B. Civil liability C. Criminal liability D. None of the above E. All of the above

106 C. Page 6 of Topnotch Handout. Criminal liability is when the act or omission of MD constitute a crime. May be done with deliberate intent or on account of imprudence, negligence, lack of foresight or lack of skill.

Burking is classified as what type of asphyxia: A. By strangulation B. By hanging C. By suffocation D. By submersion E. By compression

107 E. Page 46 of Topnotch Handout. Burking is done when the assailant kneels or sits on the chest of the victim and with his/her hands closes the nostrils and mouth of the victim. This is classified under compression/traumatic/crush asphyxia.

Uranism is a form of sexual perversion where a man gains sexual gratification by: A. rubbing his sex organ against the body parts of another B. fingering, fondling with the breast or licking parts of the body C. watching couples undress or during sexual activity D. wearing female apparel E. engaging in sexual intercourse with animals

108 B. Page 50 of Topnotch Handout. Uranism is sexual gratification attained by fingering, fondling with the breast or licking parts of the body. A is Frottage, C is Mixoscopia, D is Transvestism, E is Bestiality.

The following statements are true regarding the characteristics of a gunshot wound entrance except : A. Smaller in size compared with the bullet B. The edges are inverted C. It does not manifest any definite shape D. The paraffin test may be positive E. Tattooing and smudging are present when the gun is fired within 1-15 cm

109 C. Page 38 of Topnotch Handout. The entrance woundis usually oval or round depending upon the angle of approach of the bullet.

Once you have passed the Physician licensure exam, the following are considered as your inherent rights as a physician except: A. Avail of hospital services B. Determine the appropriate management procedures for your patient C. Limit your practice within a geographical boundary D. To choose your patients E. Right to compensation

110 E. Page 4 of Topnotch Handout. A-D are inherent rights of a physician. While the right to compensation is only an incidental right.

Doctor X feels that his patient is being uncooperative and difficult while his patient feels that Doctor X is unsympathetic. This type of psychological pattern of MD-patient relationship is an example of: A. Guidance-cooperation relation B. Activity-Passivity relation C. Mutual Participation relation D. Fiduciary relation E. Consensual relation

111 C. Page 4 of Topnotch Handout. This is an example of mutual participation relation wherein the patient thinks that he is juridically equal to his physician. The nature of this relationship is on a negotiated agreement.

Doctor G who is a resident physician in a government hospital always asks patients in need of a CT scan to go and have it done in a certain diagnostic clinic outside of the hospital because he claims that it is cheaper and results are faster. But in truth he is just after the monetary fee being given to him by the owner of the said diagnostic clinic who is also a physician.This type of medical fee is called: A. Straight fee B. Retainer fee C. Contractual fee D. Dichotomous fee E. Contingent fee

112 D. SIMILAR TO PREVIOUS BOARD EXAM CONCEPT/PRINCIPLE. Page 5 of Topnotch Handout. Dichotomous/commission/fee splitting- sharing of fee with another physician, laboratory or drug company, not based on services performed.

This person who comes within the premises of the hospital, who has no contractual relations with the hospital and is within the hospital premises for his own interest or convenience is termed as a: A. Business visitor B. Invitee C. Trespasser D. Licensee E. Patient

113 D. Page 8 of Topnotch Handout. A licensee is neither a customer, servant or trespasser. He has no contratual relation with the hospital. He is permitted, expressly or impliedly to be within the hospital premises for his own interest or convenience. His presence is merely tolerated.

Patient A had a hysterectomy due to a uterine tumor, however during the procedure her ureter was unintentionally cut by Doctor B. She wants to file a case for gross negligence against Doctor B. What is the degree of proof/evidence needed to convict Doctor B of a crime? A. Substantial evidence B. Preponderance of evidence C. Guilt beyond reasonable doubt D. Any of the above E. None of the above

114 C. Page 6 of Topnotch Handout. Criminal liability is when the act or omission of MD constitute a crime. May be done with deliberate intent or on account of imprudence, negligence, lack of foresight or lack of skill. Guilt beyond reasonable doubt is needed for a conviction.

There are several rules used by the court to determine whether an accused is exempt from criminal liability, One such rule states that the accused is not criminally responsible if his act was the product of a mental disease or mental defect. This rule is known as: A. Durham rule B. Irresistable impulse rule C. Currens rule D. Delusion rule E. McNaghten's rule

115 A. Page 54 of Topnotch Handout. This is known as the Durham rule. Irresistable impluse rule states that a person is considered insane when mental disease has rendered him incapable of restraining himself, although he understands what he is doing and knows it is wrong. Currens rule states if it is proven that at the time of commiting the prohibited act the defendant as a result of mental disease or defect lacked substantial capacity to conform his conduct to the requirementsof the law which he has allegedly violated. Delusion rule- a person is not responsible for his act if he is suffering from delusion although he knows hat the act is wrong. McNaghten's rule- A defense on the ground of insanity can be proven that at the time of committing the act the accused was laboring under such defect of reason or from a disease of the mind as not to know the nature and quality of the act he was doing and if he did know, he did not know that what he was doing was wrong.

Type of medical evidence which is addressed to the senses of the court? A. Autoptic evidence B. Corpus delicti evidence C. Documentary evidence D. Physical evidence E. Circumstantial evidence

31 A..

Doctor C, a balikbayan physician can be allowed to practice medicine in the Philippines provided that_____________, except: A. He pays the proper professional license fee with the PRC B. He should register with the PRC C. He is a member of PMA D. He is of good standing prior to departure from the Philippines and in their adopted country E. None of the above

116 C. Page 3 of Topnotch Handout. The only provisions are A,B,D and E. Membership to PMA is only an incidental right. Membership may be vonluntary or involuntary. Involuntary when membership is imposed as a condition for the enjoyment of a right.

Mr X a patient with ESRD is scheduled for a kidney transplant, he will receive a kidey from a living unrelated human donor. This kind of transplant is called: A. Iso transplantation B. Homeotransplantation C. Heterotransplantation D. Autotransplantation E. None of the above

117 B. SIMILAR TO PREVIOUS BOARD EXAM CONCEPT/PRINCIPLE. Page 9 of Topnotch Handout. An unrelated human donor to human recipient is called homeotransplantation.

Autoptic or real evidence is defined as evidence which is: A. perceived by the senses B. part of the body of the crime that proves that the crime existed C. a testimony given orally by a witness under oath D. a written record of evidence given orally and then transcribed E. an article/material found in connection with the investigation and assists the investigator in locating the suspect

118 A. SIMILAR TO PREVIOUS BOARD EXAM CONCEPT/PRINCIPLE. Page 13 of Topnotch Handout. Autoptic or real evidence- perceived by the senses- sight, hearing, taste, smell and touch.

Mr P went home and caught his daughter who is just 16 y/o commiting sexual intercourse with a 25 y/o man at their house, as a result of his rage he assaulted them both and inflicted serious physical injuries on both the seducer and his daughter. The seducer brought the case to court. Under the law Mr. P may be given the following punishment: A. Prison Mayor B. Prison correcional in its minimum and medium period C. Prison correcional in its medium and maximum period D. Destierro E. Since the physical injuries were inflicted due to exceptional circumstances, he shall be exempt from punishment

119 D. Page 25 of Topnotch Handout. This is a case of physical injuries afflicted under execptional circumstances specifically "surprise of a daughter" The parents with respect to their daughter under 18 y/o, and their seducers, while the daughter is living with her parents who shall kill any or both of them in the act or immediately there after, or shall inflict upon them serious physical injury, shall suffer the penalty of DESTIERRO. As long as the following requisites are met: 1) the daughter is below 18; 2) the daughter is living with the parents; 3) Parents caught her by surprise commiting sexual intercourse with the seducer; 4) Killing was done at the very act of sexual intercourse or immediately thereafter.

The instantaneous stiffening of a cadaver postmortem an example of which is a victim tightly grasping a weapon is called: A. Cadaveric spasm B. Rigor mortis C. Cadaveric rigidity D. Death stiffening E. Algor mortis

12 A.. Rigor mortis, cadaveric rigidity, and death stiffening are synonymous. It is universal and its onset is around 3-6 hours postmortem. Cadaveric spasm may or may not occur. Its onset is instantaneous Source: Topnotch handout on legal medicine.

Ms H was allegedly found hanging in her condo unit by her boyfriend. As a medico-legal officer you wanted to determine if this was indeed a suicide by hanging or a homicide by strangulation with ligature. Which of the following findings would show that the cause of death was by hanging? A. The hyoid bone is spared B. Tardieu spots are found in the subpleural and subcardial areas C. The level of the ligature is below the larynx D. The right side of the heart and the big blood vessels connected with it are distended with blood E. The direction of the ligature is an inverted V and the knot is found at the apex.

120 E. Page 44 of Topnotch Handout. A and C are post mortem findings in strangulation. B and D are found in both hanging and strangulation. E is foud only in hanging.

Which of the following type of law is not enforced by the state? A. Substansive law B. Remedial law C. International law D. Commercial law E. Moral law

121 E. Laws which is not enforced by the state: Natural law, Divine law and Moral law. SIMILAR TO PREVIOUS BOARD EXAM CONCEPT.

Who among the following is/are qualified to practice medicine in the Philippines? A. Balikbayan Physicians, even without PRC registration as long as they are professional practitioners in good standing prior to their departure from the Philippines and in their adopted country B. Medical students under training and under direct supervision of licensed MD C. Foreign physicians of a medical and surgical mission, even without securing authorization, given the charitable nature of their practice D. All medical students who are graduates of medicine during epidemics E. All of the above

122 B. Option A. Balikbayan physicians should register with PRC and pay the proper professional license fee, as well as the corresponding income tax before they can be qualified to practice medicine in the Philippines. Option C. Foreign physician should secure authorization first from the Board of Medicine. Option D. Medical students who have completed the first 4 years of medicine and graduates of medicine may be given limited and special authorization by SECRETARY OF HEALTH during epidemics or national emergencies.

Patient-physician relationship is not terminated when? A. Patient recovers from the condition being treated. B. Patient consented from withdrawal of the physician from the contract. C. Physician considers his further service will no longer be beneficial to the patient D. Physician abandons the patient E. Physician dies

123 D. All others are conditions or situations when physician-patient relationship is terminated.

Juan just graduated from a medical school and immediately used the title MD after his name. He is: A. Commiting malpractice B. Illegally practicing medicine C. Academically entitled to used MD D. Administratively liable E. Qualified to legitimately practice medicine

124 C. After conferment of the degree Doctor of Medicine, one has the legal right to use MD after his name although a holder of MD degree does not qualify a person to legitimately practice medicine. He must first pass the board exams and hold a valid certificate of registration.

In which of the following instances where there is commencement of a physician-patient relationship? A. In a mall, a patient met her physician and made a casual consultation. B. One night, a patient called a physician by phone for consultation. The physician told the patient to take aspirin that night and see him the following day. C. A patient called the phsycian's clinic to make an appontment. The secretary asked what is wrong and the patient related her complaints. D. While passing the emergency room, the physician noted that the patient is very pale. He then asked the nurse to inform the resident physician to see and examine the patient immediately. E. All of the above.

125 B. Commencement of relationship: Physician accepts offer by undertaking treatment of the patient; invites an offer by establishing availability, makes an offer by arriving for treatment.

Under the Dangerous Drug Act, marijuana is classified as: A. Sedative B. Hypnotic C. Prohibited drug D. A stimulant E. Hallucinogenic

126 C. SIMILAR TO PREVIOUS BOARD EXAM CONCEPT.

Dr. J, an American surgeon, is in the Philippines on holiday He joined a group of Filipino surgeons in a medical and surgical 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 is illegally practicing medicine in the country. C. He can practice even without a certificate of registration and authorization from the Board of Medicine. D. He needs to pass the local board exams before he can practice. E. He can practice in the country as long as he is in good moral and professional standing in his country.

127 B. Physicians from other countries can have limited practices without any certificate of registration provided that that secure authorization from the Board of medicine. SIMILAR TO PREVIOUS BOARD EXAM CONCEPT

Which one of the following is an inherent right of a physician? A. To avail of hospital services. B. To hold certain public offices C. To charge professional fees D. To be exempted from execution of instruments and library E. To be a member in medical societies.

128 A. The answer is A. All other options are incidental rights of a physician. Other inherent rights of a physician include the ff: choose patients, limit practice, and determine the appropriate management and procedures.

A 38-year old female had breast surgery for cancer of the breast with metastasis. She had consented in writing to undergo a trial of a new chemotherapeutic modality. However, patient continued to deteriorate and sued the physician. The physician was absolved under the doctrine of: A. Continuing negligence B. Foreseeability C. Assumption of risk D. Contributory negligence E. Common knowledge

129 C. Doctrine of Assumption of Risk - anyone who consents to the application of a procedure involving certain risks cann recover damages for injury resulting from inherent or ordinary risks in the procedure.

What makes up the primer? A. Antimony, Copper, Lead B. Antimony, Barium, Lead C. Copper and Lead D. Antimony and Lead E. Lead only

13 B. Source: Topnotch handout on legal medicine.

A general practicioner referred a patient to a specialist. After the treatment, the patient paid the specialist who in turn gave a share to the general practitioner. What is this called? A. Contingent fee B. Straight fee C. Retainer's fee D. Dichotomous Fee E. Professional fee

130 D. Dichotomous/commission/fee splitting - sharing a fee with another physician, tipsters; Contingent-fee depends on success of treatment; Straight fee/Pakyaw system

Patient was being managed as a case of Diabetes mellitus. The physician encouraged lifestyle changes and prescribed him with oral anti-hyperglycemic medications and insulin. The patient inquires the physician, "are those tablets really necessary? What is the pattern of relationship between the physician and the patient? A. Mutual participation B. Active-passive C. Guidance-participation D. Consensual E. None of the above

134 A. In mutual participation relation, patient thinks that he is juridically equal to the MD and that the nature of relationship is on a negotiated agreement. They are appropriate in the treatment of chronic illness where patients are required to carry out much of the treatment program themselves with occassional medical consultation.

In a malpractice case, Dr. X was ordered by the court to produce at trial the patient's charts, laboratory and x- ray results under his possession and control. The process served on him to do is called A. Ordinary subpoena B. Subpoena duces tecum C. Subpoena ad testificandum D. Court summons E. All of the above

135 B. SIMILAR TO PREVIOUS BOARD EXAM CONCEPT

A physician is considered as an ordinary witness: A. When he is asked to inform the court of the result of the physical examination done to the patient. B. When the chairman of Department of Surgery is asked to give his inference regarding the incident. C. When asked about questions regarding his personal qualifications as a witness. D. When asked to answer outside of the issue in consideration of the court. E. When he is asked to provide inferences regarding the case.

136 A. A physician can be both an ordinary and expert witness. As an ordinary witness, the physician is allowed only to state the cacts which comes to his own perception.

As a result of the deformity he sustained from a facelift operation, Mary sued Dr. X for mental anguish, social humiliation, and moral shock. The type of damages she can recover as a result of these is: A. Exemplary damages B. Moral damages C. Actual damages D. Nominal damages E. Temperate Damage

137 B. Exemplary/Corrective damages - as punishment or deterrence because of wanton, reckless, malicious, or oppressive nature of wrong committed; Actual damage - adequate compensation for pecuniar; Nominal damage - invasion of righ or breach of du; Temperate - more than nominal but less than compensatory when court finds that some pecuniary loss has been suffered but its amount cannot be proved with certainty

Maria and Juana had fight. Maria scratched Juana on the face. The doctor attended the injury that resolved in less than 10 days, however a keloid scar formed. The legal classification of this injury is: A. Mutilation B. Slight physical injury C. Less serious injury D. Serious physical injury E. Physical injury inflicted in tumutous affray

138 D. SIMILAR TO PREVIOUS BOARD EXAM CONCEPT

Its main function is the transformation of mechanical energy by the hit of the firing pin on the percussion cap to chemical energy? A. Primer B. Powder C. Bullet D. Projectile E. Ricochet

139 A. SIMILAR TO PREVIOUS BOARD EXAM CONCEPT

Which test used to determine live birth involves submerging the lungs in water and observing for flotation: A. Fodere’s Test B. Wredin’s Test C. Breslau’s Test D. Icard’s Test E. Magnus Test

14 A.. Fodere’s Test/Hydrostatic Test â€" observation of floating lungs Wredin’s Test â€" The middle ear of a child, before birth is filled with gelatinous embryonic connective tissues. After birth, this disappears. Breslau’s Test â€" floating organs (stomach, intestines) Icards and Magnus Test are for identifying circulation in a cadaver and is not for identification of live birth. Source: Topnotch handout on legal medicine.

In which of the following is consent necessary? A. Consultation in an out-patient basis B. Compulsory procedure by law, e.g. vaccination C. In extreme emergencies D. Waiver on the part of the patient E. All of the above

140 A. Consent is not necessary in cases of extreme emergencies, compulsory procedure by law, and waiver on part of the patient. SIMILAR TO PREVIOUS BOARD EXAM CONCEPT

You are assigned at the forensics laboratory, you know that the most commonly implicated organism in decay of human remains is A. Clostridium perfringens B. Clostridium welchii C. Bacillus anthracis D. Clostridium tetani E. Staphylococcus aureus

141 A.,B. Clostridium perfringens is the most commonly implicated microbe in decay of human remains. C. welchii is the former name of Clostridium perfringens and the newer name is preferred over the former. (CHANGED BY DR.BANZUELA: C. welchii and perfringens can both be answers to this question)

MSP, a 50 year old male politician charged with plunder is currently detained at a detention facility, the patient prior to detention is healthy. The patient complains of unbearable nape pain, you performed a thorough history and PE and ordered all the necessary diagnostic tests. All of which are normal. What is this patient showing? A. Fictitious malingering B. Factitious malingering C. Manchausen syndrome D. None of the above E. Both A and B

142 A. It is based on pure imagination with no basis of the fact. Factitious malingering is an exagerration of an already present symptom.

Dr. HK was given a subpoena to appear to court but since he's a busy cardiologist, he wasn't able to attend the hearing, the court may cite Dr. HK for: A. Direct contempt B. Disrespect of the court C. Indirect contempt D. Misprioritizing his obligations E. None of the above

143 C. Dr. HK can be cited for indirect contempt for failing to respond to a subpoena

The body vested by law to have general supervision and regulation over the practice of medicine is A. Commission on Higher Education B. Professional Regulation Commission C. Department of Education D. Department of Health E. Philippine Medical Association

144 B. Through the Board of Medicine, the PRC or Professional Regulation Commission is the body vested by law to supervise and regulate the practice of medicine in the Philippines.

You noted a person affixing MD after his name but has not yet taken the boards, you know that affixing MD after his name is: A. Illegally practicing medicine B. Falsely using the title MD C. Academically entitled to affix MD D. Committing fraud E. None of the above

145 C. He is academically entitle to affix MD after his name if he has graduated from medical school

Dr. X has written an offensive article about his patient, patient Y decided to charge Dr. X, what would patient Y charge Dr. X with? A. Slander B. Libel C. Malicious mischief D. Acts of lasciviousness E. None of the above

146 B. Slander is oral defamation while libel is written defamation of another person

A 13 year old girl was raped by her teacher, the teacher is liable for A. Simple seduction B. Consented abduction C. Qualified seduction D. Acts of lasciviousness E. None of the above

150 E. The teacher is liable for rape as the crime was actually consumated.

This test determines whether a newborn child took a breath before he died by dipping the stomach in water and if the stomach floats, then breathing took place A. Breslau's test B. Wredin's test C. Fodere's test D. Florence test E. Katayama test

151 A. Wredin is for middle ear, Fodere is testing the lungs, Florence test is testing for the presence of semen, Katayama test is testing for carboxyhemoglobin in blood

JE was hit in the face by her friend causing a deformity on her friend's face, her friend can charge JE with A. Slight physical injury B. Less serious physical injury C. Serious physical injury D. Mutilation E. None of the above

152 C. JE can be charged with serious physical injury as it resulted in a disfiguration of her friend's face

A test used to determine the presence of powder residues on the suspect's hands or the site of gunshot wound entrance A. Lung's test B. Fodere's test C. Breslau's test D. Walker's test E. Harrison and Gilroy test

153 A. Lung's or paraffin test determines the presence of nitrates on the site to be tested but can be falsely positve if the subject handled fertilizers, cosmetics or cigarettes or other nitrogen containing compounds

For a child to be considered legitimate, the child must be born: A. in 180 days following the celebration of marriage B. within 300 days from the dissolution of marriage C. in the preceding 300 days before the child's birth, there is no physical impossibility of the husband having contact with the wife within the first 120 days D. Both A and B E. All of the above

154 E. All are correct and are definitions fulfilled for a child to be considered legitimate

The following are inherent rights of physician's except: A. To choose patients B. Hold public or private offices C. Avail of hospital services D. Limit the practice E. Determine appropriate management procedures

155 B.

A kind of compensation wherein the physician is paid by space of time and not by the quality or quantity of the service rendered A. Contingent fee B. Simple contractual fee C. Retainer fee D. Dichotomous fee E. Straight fee

156 C. Simple contractual stipulates the nature of the procedure, contingent fee depends on the success or failure of the treatment, dichotomous fee or fee splitting with other physicians, laboratory or drug company, straight fee is like the package system.

A radiologist was sued for wrongly interpreting a chest x-ray finding costing the patient her right lung, the hospital is also reliable for the actions of the radiologist through this doctrine A. Doctrine of ostensible agent B. Borrowed servant doctrine C. Captain of the ship doctrine D. Res Ipsa Loquitor E. None of the above

157 A. Because the hospital chose them as their radiologist, the hospital is also liable for the action of the radiologist.

A resident was assisting a surgeon in an ex lap when the resident accidentally injured the left kidney, the surgeon as well as the resident is liable under this doctrine A. Borrowed servant doctrine B. Doctrine of ostensible agent C. Res ipsa loquitur D. Doctrine of assumption of risk E. None of the above

158 A., E. The surgeon is liable under the doctrine of the captain of the ship as well as the resident

A physician may not be issued a certificate of registration if he/she has commited the following except: A. was undergoing trial for a criminal offense involving moral turpitude B. was declared to be of unsound mind C. was found guilty of immoral or dishonorable conduct after investigation of the Board of Medicine D. was convicted by any court for a criminal offense E. None of the above

159 A. The physician is still under trial and therefore is presumed innocent until proven guilty

Dr. John Doe was appalled by something the judge said during a hearing wherein he was a witness. He hits the judge of the face. He may be cited for: A. Direct contempt of court B. Indirect contempt of court C. Disrespect for the court D. Homicide E. Murder

16 A.. Direct contempt of court: misbehavior in the presence of or near a court/judge. Indirect contempt of court: misbehavior outside the court (ex. Not showing up for a hearing when there is no good excuse) Source: Topnotch handout on legal medicine.

A radiologist performed a radiation therapy however the patient suffered severe burns on the skin. The hospital will also be liable under this doctrine A. Borrowed servant B. Captain of the ship C. Ostensible agent D. Assumption of risk E. none of the above

171 C. SIMILAR TO PREVIOUS BOARD EXAM CONCEPT/PRINCIPLE

A physician can apply for reinstatement of his/her license if it has been revoked for how long? A. 1 year B. 2 years C. 3 years D. 4 years E. 5 years

160 B. A physician can apply for reinstatement upon recommendation of the board after 2 years for reasons of equity and justice.

The microorganism that plays a dominant role in decomposition A. Bacillus mesenterious B. Bacillus coli C. Clostridium welchi D. Bacilus proteus vulgaris E. Bacillus clausi

161 C. SIMILAR TO PREVIOUS BOARD EXAM CONCEPT/PRINCIPLE

This finding in death is not consistent and may or may not appear on a person who died A. Rigor mortis B. Cadaveric spasm C. Algor mortis D. putrefaction E. None of the above

162 B.

Which of the following findings suggests suicide happened to the victim? A. Indication of struggle B. Presence of hesitation cuts C. Multiple wounds in different parts of the body D. NO history of depression E. None of the above

163 B.

What is the source when blood is dark red in color and has low oxygen content in a crime scene? A. child B. menstrual C. elderly D. venous E. Arterial

164 D.

Algor mortis refers to: A. irritability B. Softening of the body C. Hardening of the body D. Loss of elasticity E. Cooling of the body

165 E.

The basis to pronounce a person dead is: A. Molecular death B. Apparent death C. Cellular death D. Somatic death E. None of the above

166 D.

In determining the sex of the skeleton, the following bones must be studied EXCEPT: A. mandible B. sternum C. pelvis D. femur E. None of the above

167 A.

Which among the following is an incidental right of a physician? A. Right to choose patient B. Right to limit practice in a private clinic or hospital C. Right to hold certain public or private offices D. Right to determine the appropriate management or procedures E. right to avail hospital services

168 C. others are inherennt rights of a physician

Which of the following Medical Fees is considered ethical? A. Simple contractual fee B. Contingent fee C. Dichotomous fee D. Fee splitting E. Straight fee

169 A. simple contractual fee and retainer fee are the only medical fees considered ethical. contingent fee is unethical. the entry on the handout was corrected by Dr Rebosa during his lecture. simple contractual and retainer are the only ethical fees. SIMILAR TO PREVIOUS BOARD EXAM CONCEPT/PRINCIPLE

A beautician got ahold of some clindamycin topical ointment and has been prescribing it to her clients for treating acne. Which of the following applies? A. She is performing a cosmetic function as a beautician B. She can invoke her right of occupation to make a living and support herself C. This is freedom of action D. She is illegally practicing medicine E. None of the above

17 D. Source: Topnotch handout on legal medicine.

A newly licensed doctor was hired by a HMO company and is paid 180/hour regardless of how many patients he can handle at that time. This fee is called: A. Simple contractual B. Retainer C. contingent D. dichotomous E. Straight

170 B.

The most prominent sign of death is: A. Progressive fall of the body temperature B. Cessation of heart action and circulation C. Cessation of respiration D. Insensibility of body or loss of power to move

349 A.

For an applicant to be qualified to take the Physician Licensure Examination of the Philippines, the applicant must meet the following requirements EXCEPT: A. Shall be of sound mind B. At least 21 years old C. Citizen of the Philippines D. Holder of MD degree E. none of the above

172 B., C. This is actually the #521 in compilation of legal med question. Dr Rebosa's answer is citizen of the Philippines since a citizen of another country can also apply provided that his/her country has reciprocity with ours. With regard to B, it can also be accepted since applicants who are 19-21 y/o can already take the preliminary examination provided they satisfy the other requirements. (page 2 legal med topnotch handout)

Ina, a clerk, was tasked to be with the patient at the OR while waiting for surgery. She was confident that nothing wrong will happen to the patient and left the patient at the OR alone to have a coffee. After several minutes, patient fell asleep and fell from the OR table and he suffered contusions and lacerations. Dr. Diaz who is the surgeon can also be charged for negligence under this doctrine. A. Ostensible agent B. Captain of the Ship C. Barrowed Servant D. calculated risk E. surgeon can not be charge of negligence because the act of the clerk is grossly slacking.

173 B.

What is the liability of a physician who performed an autopsy without proper authorization from the next of kin or competent authorities A. Civil liability B. Criminal liability C. Administrative liability D. A and C E. All of the above

174 E. SIMILAR TO PREVIOUS BOARD EXAM CONCEPT/PRINCIPLE x5

A patient wants to file a complaint against a physician for immorality. Where should he file his complaint? A. Regional Trial Court B. Prosecutors office C. DOH D. PMA E. PRC

175E.

While driving in your town, you witnessed a shooting incident by a group of armed men. You were subpoenaed to appear in court as a/an _____________ witness. A. expert B. hostile C. reluctant D. ordinary E. Professional

176 D.

In a botched up surgery, the chairman of the surgery department of a medical center was called in to testify on the procedure. He is giving testimony as a _________ witness. A. precipient B. expert C. hostile D. defense E. Ordinary

177 B.

Under the doctrine the hospital owner may be liable for the mistakes of the residents: A. Barrowed servant B. Captain of the ship C. Vicariuos liability D. Fellow servant E. Assumption of risk

178 C. SIMILAR TO PREVIOUS BOARD EXAM CONCEPT/PRINCIPLE

The license of Dr HK was suspended indefinitely. After how long can he apply for reinstatement? A. 3 years B. 6 months C. 1 year D. 2 years E. 5 years

179 D. SIMILAR TO PREVIOUS BOARD EXAM CONCEPT/PRINCIPLE

Who is authorized to perform an autopsy? A. Medical officers of law enforment agencies B. Health officers of local health departments C. Medical staff members of accredited hospitals D. A and B only E. All of the above

18 E. Source: Topnotch handout on legal medicine.

A patient of a rare disease takes an experimental drug despite unknown side effects: A. Doctrine of informed consent B. Doctrine of foreseeability C. Assumption of risk D. Contributory negligence E. None of the above

180 C. SIMILAR TO PREVIOUS BOARD EXAM CONCEPT/PRINCIPLE

A physician who deliberately refuses to obey a subpoena issued by a court without any justifiable reason is guilty of indirect contempt and can have a penalty of A. 200 pesos B. 1-2 days imprisonment C. 6 months imprisonment D. 1 month imprisonment E. 10,000 pesos

181 C. SIMILAR TO PREVIOUS BOARD EXAM CONCEPT/PRINCIPLE.. penalty for indirect contempt: 30000 pesos or 6 months imprisonment. Penalty for direct contempt: 200 pesos or 1-2 days imprisonment

What organ is affected by crush syndrome? A. kidney B. spleen C. liver D. pancreas E. stomach

182 A. Crush syndrome is characterized by secondary kidney changes in crush injuries. Edema and anuria follow a crush.

In this psychological pattern of doctor-patient relationship, the doctor feels that the patient is uncooperative and difficult while the patient feels that the doctor is unsympathetic A. Activity-Passivity B. Guidance-cooperation relation C. Mutual participation relation D. All of the above E. None of the above

183 C. Mutual participation relation is when the patient thinks that he is juridically equal to the doctor and that the nature of the relationship is on a negotiated agreement.

Mother does not intend to hurt her child. When she is drunk, she periodically batters son. She becomes remorseful afterwards and provides proper care in between her drinking spree. What type of child abuser is the mother? A. Occasional child abuser B. Constant child abuser C. Intermittent child abuser D. One-time child abuser E. None of the above

184 C.

Disorientation, mental confusion, dizziness, sensory disturbances exaggerated emotional state suggests that the alcohol blood level is? A. 200mg% B. 400mg% C. 100mg% D. 20mg% E. 50mg%

185 A. 100mg%- loss of critical judgment, 150- 300mg%- Disorientation, mental confusion, dizziness, sensory disturbances, 400mg%- anesthetic, unconscious

Which is NOT a requirement in the case of simple seduction? A. The woman is 12 to 18 years old. B. The woman if of good moral standing. C. The woman is single or widow. D. The woman is a virgin. E. Seduction is by means of deceit.

203 D. The woman must be a virgin in the case of qualified seduction.

Confidentiality of information in the course of a doctor- patient relationship may be breached in the following instances? A. When disclosure is necessary to serve the best interest of justice B. When disclosure of information will serve both public and private health and safety C. When disclosure is needed in a civil case to determine the moral character of a patient D. When information are being asked by police authorities E. All of the above

186 A. SIMILAR TO PREVIOUS BOARD EXAM CONCEPT/PRINCIPLE.. Confidentiality of information in the course of a doctor-patient relationship may be breached when disclosure is necessary to serve the best interest of justice

A doctor's wife filed an administrative complaint before the PRC against her husband who was living with a mistress for having abandoned her and her 3 children. The doctor's immoral acts are grounds for revoking his registration certificate and classified as? A. Criminal act B. Unprofessional conduct C. Unethical conduct D. Personal disqualification E. Civil liability

187 D. Immoral or dishonorable conduct is a ground for personal disqualification that may cause the revocation os a physician's certificate of registration

It concerns the state in its sovereign or political capacity to enforce or regulate the exercise of a right, duty or obligation imposed on the subject A. law on obligation and contracts B. criminal law C. law on torts and damages D. private law E. commercial law

188 B. Public laws are concerned with the state in its political and sovereign capacity. Examples of public law are criminal law, international law and political law

Marijuana is classified as what type of drug in the Dangeous Drug Act? A. Sedative B. Hypnotics C. Prohibited drug D. Stimulant E. Dangerous drug

189 C. SIMILAR TO PREVIOUS BOARD EXAM CONCEPT/PRINCIPLE.. Hallucinogens/ psychomimetic drugs: marijuana, LSD, MDA, MDMA, Phencyclidine, etc. are examples of prohibited drugs

An IQ range of which is exempting from criminal liability: A. 0-20 B. 20-40 C. 40-70 D. A and B E. All of the above

19 D. 0-20: Idiot â€" exempt (functionally equivalent to <2y/o) 20-40: Imbecile â€" exempt (2-7y/o) 40-70: Moron â€" mitigating (7-12y/o) My mnemonic for this is idiot, imbecile and moron are alphabetically arranged. Source: Topnotch handout on legal medicine.

Man was found guilty of large-scale estafa and was to be imprisoned. He suddenly became insane. Which should take place? A. He should be sent to prison B. His imprisonment should be deferred until he recovers C. He should undergo another trial upon recovery of sanity D. He should be pardoned E. None of the above

190 B.

When the color of the contusion changes to green, the contusion's estimated age is? A. 2-4 days B. 4-5 days C. 14-15 days D. 7-10 days E. 24 hours

191 B. 2-4 days- red/purple, 4-5 days- green, 7-10 days- yellow, 14-15 days- disappears

The art of identification of fingerprints by comparison is known as A. endoscopy B. dactyloscopy C. poroscopy D. graphology E. dactylography

192 B.

Fingerprint may persist if not removed at the scene for how long? A. days B. weeks C. months D. years E. hours

193 D.

How soon after drowning does the dead body float? A. Within 24 hours B. After 36 hours C. After 48 hours D. After 60 hours E. After 72 hours

194 A.

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 E. Association of Philippine Medical Colleges

195 C. Professional Regulatory Commission is the body vested by law to have general supervision and regulation over the practice of medicine

Which of the following kinds of medical fees is unethical? A. Simple contractual fee B. Retainer fee C. Contingent fee D. Straight fee E. All of the above

196 E. In straight fee (aka Pakyaw system), the amount of medical fee is dependent on what will be the remaining balance when all of the other expenses have been paid. This is unethical. Another unethical fee is the dichotomous fee or fee- splitting.DR.BANZUELA: According to Dr.Rebosa, contingent fee is also unethical. Correct answer for 96 is E

What is the kind of transplantation wherein the donor and recipient are of the same species but are unrelated? A. Heterotransplantation B. Homeotransplantation C. Isotransplantation D. Autotransplantation E. Xenotransplantation

197 B. SIMILAR TO PREVIOUS BOARD EXAM CONCEPT/PRINCIPLE.. transplantation from a human donor to an unrelated human recipient is known as homeotransplantation

The height can be approximated using the following bones except? A. Femur B. Radius C. Humerus D. Tibia E. Ulna

198 E. Height can be estimated using the following bone remains of a dead person: mnemonics "FR HT" (for height) Femur, Radius, Humerus, Tibia

what is a prerequisite for conviction in a case of civil liability of a physician? A. Guilt beyond reasonable doubt B. Preponderance of evidence C. Substantial evidence D. Any of the above E. None of the above

238 B. Criminal - guilt beyond reasonable doubt; administrative liability - substantial evidence.

An applicant in a shipping company sued the physician of a pre-employment company for negligence due to the latter's refusal to prescribe an antidiabetic drug for the "increased blood sugar" in his FBS. Which among the following is a valid defense to be invoked by the physician? A. right to choose patients B. right to limit practice C. absence of physician-patient relationship D. absence of consideration E. all of the above

199 C. Instances when there is no doctor-paitent relationship- page 3 topnotch legal med handouts

The preliminary examination of the Physician licensure examination in the Philippines includes: A. Anatomy, Physiology, Biochemistry only B. Anatomy, Physiology, Biochemistry, Microbiology only C. Anatomy, Physiology, Biochemistry, Microbiology, Pathology only D. Anatomy, Physiology, Biochemistry, Pathology and Pharmacology only E. Anatomy, Physiology, Biochemistry, Microbiology, Pathology, Pharmacology only

2 B. Source: Topnotch handout on legal medicine.

Paraplegic patient promised to pay Dr. Juan dela Cruz P1M if he can make him walk again. This form of professional fee is called: A. Contingent fee B. Package deal fee C. Fee splitting D. Simple contractual fee E. Retainers fee

20 A.. Contingent, package deal fee and fee splitting are unethical. - Contingent: payment after results. Unethical because doctor should not be gambling - Package deal and fee splitting (referral fee sharing) are unethical because the practice of medicine is not a business venture Simple contractual fee and retainers fee are ethical. - Simple contractual fee: fee for service - Retainers fee: fee for hours of duty regardless of how many services rendered during that period of time Source: Topnotch handout on legal medicine.

What is the liability of a physician who performed an autopsy without proper authorization from the next of kin or competent authorities? A. Civil liability only B. Criminal liability only C. Both civil and criminal liability D. Administrative liability E. None of the above

200 C. SIMILAR TO PREVIOUS BOARD EXAM CONCEPT/PRINCIPLE.. the liability of a physician who performed an autopsy without proper authorization from the next of kin or competent authorities is both civil and criminal according to Dr. Rebosa =) Ideally, it should be all of the above.However, there's no 'all of the above' in the choices so the best answer would still be letter C.

Criminal liability of physicians is based on: A. Medical Act of 1959 B. Revised Penal Code C. Civil Code D. Hospital Rules and Regulations E. State Rules

201 B. Administrative liability: Medical Act of 1959. Civil liability: Civil code.

Which doctrine can potentially nullify the doctrine of Res Ipsa Loquitur? A. Doctrine of Continuing Negligence B. Doctrine of Ostensible Agents C. Doctrine of Contributory Negligence D. Doctrine of Calculated Risk E. Common Fault Doctrine

202 D.

After graduating from medical school, you begin using the title MD after your name. You are A. Commiting malpractice B. Commiting fraud C. Academically entitled to use MD D. Illegally practicing medicine E. Academically entitled to use MD after passing the revalida

21 C.

Medical records of outpatients should be kept for at least: A. 2 years B. 5 years C. 10 years D. 15 years E. 20 years

210 C. Inpatients: 15 years.

Sexual deviation described as rubbing of one's genital part to another person's body. A. Tribadism B. Irrumation C. Algolagnia D. Uranism E. Frottage

211 E. Tribadism: lesbianism. Irrumation: fellatio. Algolagnia: sado-masochism. Uranism: fingering, fondling. Rubbing: frottage.

A male physician accused of a criminal act hysterically shouted against the witness during a court hearing. The physician may be cited for: A. Direct contempt B. Indirect contempt C. Prision mayor D. Prision correcional E. Arresto mayor

212 A. Direct contempt is any inappropriate behavior done within or immediately near the court.

Fingerprints may be collected from a murder victim with washerwoman's skin by injection of: A. Water B. Glycerin C. Salt solution D. NaOH E. Oil

213 B.

The onset of decomposition usually starts at _________ after death. A. 8-16 hours B. 16-24 hours C. 24-48 hours D. 48-72 hours E. 72-96 hours

214 C.

Decomposition is retarded among stillborns because: A. It has less weight. B. It has a greater percentage of fat. C. It is sterile. D. It has a small surface area. E. The bones are not fully calcified.

215 C.

A couple whose blood types are B and AB are expecting a child. Their child will NOT have a blood type of: A. A B. B C. AB D. O E. None; all are possible

216 D. They will only have children with blood type A, B, and AB.

In asphyxia, the right ventricle is _______ and the left ventricle is __________. A. Empty, also empty B. Empty, dilated C. Dilated, Empty D. Dilated, also dilated E. None of the above

217 C.

Which is NOT a test for gunpowder residues? A. Walker's test B. Gonzales test C. Diphenylamine test D. Takayama test E. Lung's test

218 D. Takayama test is a test for hemoglobin.

Oil of vitriol is: A. HCl B. H2SO4 C. NaOH D. HCN E. CO

219 B.

What is the study of identification of fingerprints by comparison? A. Dactyloscopy B. Dactylography C. Poroscopy D. Dermatoglyphics E. Graphology

22 A..

this refers to an object or substances which may be a part of the body of the crime which proves that the crime existed? A. Autoptic evidence B. Corpus delicti evidence C. Associative evidence D. Real evidence E. A or D

239 B. autoptic or real evidence refers to evidences that is actually perceived using the five sensations. Associative evidence is a form of physical evidence that links suspect to the crime.

Odd and Even Rule applies to: A. Lacerations B. Gunpowder residues C. Vehicular accidents D. Retained bullets E. Drowning

220 D.

Which of the following is a false statement regarding incestuous and void marriages from the beginning? A. Between the legitimate children of the adopter and adopted B. Between adopting mother/father and the adopted C. Between collateral relatives by blood within the 3rd civil degree D. between ascendants and descendants E. none of the above

221 C. it should be between collateral relatives by blood within the 4th civil degree

which of the following is true about Drug Habituation? A. It involves both psychological and physical dependence B. The detrimental effect is primarily on the individual C. Strong tendency to increase the dose D. An overpowering desire or need to continue taking the drug or to otain it by any means E. all are correct

222 B. drug habituation is defined as the desire to have continuous use of the drug but with the capacity to refrain physically from using it. The desire is merely psychical and not compulsive and it is primarily detrimental only to the individual and not to the society. there is little tendency to increase the dose. all the other choices defines the term Drug addiction.

what is the most likely blood alcohol of the person when he/she presents with general apathy, inertia, impaired response to stimuli, impaired conscious either lethargic or stuporous A. 50mg% B. 100mg% C. 150mg% D. 300mg% E. 400mg%

223 D. 50mg%- increase self confidence, decrease inhibition, 100mg%- mental confusion, loss of critical judgement, incompetency, 150- decrease sense of pain, slurred speech, exaggerated emotions, disorientation. 300mg%- apathy, general inertia, stuporous. 400mg%- comatose state.

which of the following is ethical in terms of payment of medical fees ? A. Dichotomous fee B. Straight fee C. Contingency fee D. Retainer fee E. All are unethical.

224 D. contingent fee - unethical since it depends on the success or failure of the treatment instituted. No fees will be received for efforts until a result is attained. Dichotomous fee - unethical, sharing a fee with another physician, laboratory, or drug company, not based on the services performed. Straight fee aka pakyaw system- unethical, the amount is dependent on what will be remaining after all expenses had been subtracted.retainer fee is ethical and it relates with MD working a company of HMOs- medical fee is measured by the time and space not by the quality or quantity of medical services rendered.

which of the following methods in approximating the height of a person is false? A. 12x the length of the head B. Distance between suprasternal notch and the symphysis pubis is about 1/3 of the height C. The distance between the base of the skull to the coccyx is about 44% of the height D. distance between the tips of the middle fingers of both hands with the arms extended laterally E. none of the above

225 A. it should be 8x the length of the head.

true about fingerprinting except? A. It is the most valuable method of identification B. Formed during 6th month of gestation C. It reappears consistently the same as before even after finger injury or burn D. It is not the same even in identical twins E. the chances of having the same fingerprint is about 1 in 64billion.

226 B. It is formed during the 4th month of gestation

characterized by compulsive desire of a person to rub his sex organ against some parts of the body of another ? A. Partialism B. Frottage C. uranism D. sodomy E. Troilism

227 B. partialism- the person has special affinity to certain part of the female body. Uranism - sexual gratification attained by fingering, fondling with the breast, licking part of the body. Sodomy-sexual act through the anus of another human being. Troilism- group of 3 person having sex.

imbecile is in what IQ range? A. 0-20 B. 21-40 C. 41-70 D. 70-100 E. None of the above

228 B. Idiot - 0-20, feeble minded - 41-70

which of the following is not true regarding the prerequisite to practice medicine? A. At least 21 years of age B. Natural born filipino C. Holder of a certificate of registration D. Not convicted by any court on criminal offense involving moral turpitude E. none of the above

229 B. to practice medicine in the philippines, the law requires that you must be a filipino citizen ( regardless whether you are a natural born or naturalized) or a citizen of foreign country in which there is a reciprocity b/w the two countries

Disinternment is also known as A. Embalming B. Euthanasia C. Exhumation D. Disembowelment E. Dissection

23 C.

A pathologist mistakenly exchanged the report from a frozen section from one person to another leading to unneccessary surgery. The hospital will be liable according what principle or doctrine? A. Doctrine of contributory negligence B. Doctrine of bad result rule C. captain of the ship doctrine D. Doctrine of ostensible agent E. all of the above

230 D. the hospital can be liable since pathologist as well as radiologist and anesthesiologist although independent contractors are also employees of the hospital.

This refers to monetary sum awarded to the plaintiff in an action where there is no substantial loss or injury to be compensated but where the law recognizes a technical invasion of the right of the plaintiff or a breach of the defendants duty? A. Nominal damages B. Compensatory damages C. Liquidated damages D. Temperate damages E. Actual damages

231 A. actual or compensatory damage is an adequate compensation only for pecuniary loss suffered by a person as he has duly proved. Liquidated damages are those agreed by the parties to a contract, to be paid in case of breech thereof. Temperate or moderate damages is given when the court finds that some pecuniary loss has been suffered but its amount cannot be proved with certainty.

which of the following will not make the person disqualified from becoming a witness? A. Tender age B. Husband against his wife C. Unsound mind D. Person convicted of a crime E. Descendants of a

232 D. persons not disqualified from becoming a witness: parties or othe persons interested in the outcome of the case. Persons who have been convicted of a crime. Persons on account of his opinion on matters of religious belief.

Serious physical injuries resulting the blindness of one eye is a ground for what kind of punishment against the offendant? A. Prison mayor B. Arresto mayor C. Prison correcional in medium and maximum periods D. Prison correcional in medium and minimum periods E. reclusion perpetua

233 C. prison correcional in medium and maximum periods includes the loss of the use of speech, or the power to hear or to smell or loss of an eye, a hand, a foot, an arm or a leg which result to incapacitation for the work he/she was therefore habitually engaged. loss of both eyes is a ground for prison mayor.

It refers to asphyxia by closing of the external respiratory orifices either by the use of the hand or by some other means? A. throttling B. smothering C. Choking D. Ligature strangulation E. None of the above

234 B. trottling is by application of constricting force to the neck using the hands. Choking is impaction of a foreign body in the respiratory passages. Strangulation by ligature is compression of the neck by means of ligature which is tightened by a force other than the weight of the body.

the legal definition of virginity refers to which of the following choices? A. Refers to a female B. Should be virtuous C. Must have an intact hymen D. Can either be a male or a female E. Must have full penetration of sexual organs

235 A. virginity refers to the condition of a female who has not experienced sexual intercourse and whose genital organs have not been altered by carnal connection. The latters refers to even slightest penetration of sexual organ. it is not neccessary means that ruptured hymen is always a result of carnal knowledge. Letter B specifically refers to virgo intacta.

it refers to illegitimate chuldren who were conceived specifically by prostitutes? A. Sacrilegious B. spurius C. Adulterous D. Manceres E. Incestuous

236 D. Spurius is a general term for illegitimacy secondary to adultery, sacrilegious ( born of parents who have been ordained in sacris). Incestious( out of incestious marriage), and manceras ( conceived by prostitute).

which of the following is an incidental right of a medical doctor? A. Right to compensation B. Right to avail of hospital services C. Right to choose patients D. Right to limit practice E. Right to determine appropriate management procedures

237 A. incidental rights of a doctor are as follows: right of way during a response to emergency call, right to exemption from execution of instruments and library, to compensation, to hold public or private offices, to membership in medical societies. All the other choices are inherent rights of a physician.

Manceras children are children born to A. Live-in partners B. Incestuous couples C. Homosexual couples D. Prostitutes E. Families below poverty line

24 D.

which of the following bones cannot be used in determining the sex of the individual/victim? A. Humerus B. Radius C. Sternum D. Skull E. Pelvis

240 B. bones that can be used in determining the sex of a victim are the following: skull, pelvis, humerus, femur, and sternum.

Which of the following statements regarding death is true? A. the civil personality of a natural person is not extinguished by death B. the criminal liability of a person is extinguished by death C. death of a partner is not a cause for dissolution of partnership agreement D. state of suspended animation is an example of somatic or clinical death E. none of the above

241 B. Solis page 111

Which of the following regarding an antemortem clot is correct? A. clot is homogenous B. lines of zahn is present C. chicken fat layer present D. soft in consistency E. surface of the blood vessels are smooth and healthy after clot removal

242 A. solis page 131, post mortem clot forms layers or lines of zahn, chicken fat layering

The microorganism that plays an important and dominant role n decomposition of a dead body is A. Bacteroides fragilis B. Clostridium perfringens C. Clostridium welchii D. E. Coli E. Enterobacteriacae

243 C. Solis page 146

Which method of conducting a search of the crime scene wherein the area is blocked out in the form of a rectangle and the searcher proceeds slowly at the same pace along the path parallel to one side of the rectangle A. spiral method B. wheel method C. strip method D. zone method E. circular method

244 C. solis page 162

All of the following are conditions in which an autopsy can be performed on a dead body EXCEPT A. whenever required by special laws B. upon order of a competent court, mayor and or fiscal C. upon written request by the attending physician D. when the nearest of kin shall request in writing E. none of the above

245 C. solis page 165 autopsy important topic, upon written request of police authorities

Which of the following characteristics of the gunshot wound will NOT be present when a pistol is fired at a distance of 10 inches? A. smudging B. tattoing C. soot D. burning E. contusion collar

246 D. burns up to 6 inches, smoke up to 12 inches, gun powder stipplings up to 24 inches

Which of the following statements are false regarding gun shot wounds? A. the number of entrance wounds may be lesser than the number of exit wounds B. the number of exit wounds may be lesser than the number of entrance wounds C. a contusion collar may be present in an entrance wound D. paraffin test is always negative in an exit wound E. all the above statements are true

247 D. paraffin test always negative in an exit wound, the number of entrance and exit wound may not always be the same, bullet may lodge on natural orifices or enter via natural orifices

All of the above descriptions are consistent with strangulation as a result of hanging or via suicide EXCEPT A. hyoid bone is frequently injured B. direction of the ligature mark is usually horizontal C. ligature is usually at the level of the hyoid bone D. ligature groove is deepest opposite the site of the know E. vertebral injury is frequently observed

248 B. direction of the ligature mark in hanging is usually inverted V shaped with apex as the site of the knot

Which of the following is the type of child abuser wherein the parents supposedly mean well but their attempts at rearing their children result in permanent injury or death of their children A. intermittent abuser B. one time abuser C. constant child abuser D. ignorant abuser E. psychotic abuser

249 D. intermiitent child abuser - parents who periodically batter a child with periods of proper care, one time abuser - never repeat the act, constant child abuser is a parent who actually hates his or her child

A physician who stubbornly refuses to go to court when summoned may be cited for: A. Disobedience B. Dereliction of civic duty C. Direct contempt D. Indirect contempt E. May not be cited

25 D. Direct contempt occurs when a person speaks words or commits acts in the presence of the court or a judge acting judicially or when a person resists or interferes with the lawful authority of the court in its presence or so near the court or judge as to interrupt or hinder judicial proceedings.

What is the term given to include women who have had previous sexual intercourse or even habitually but had not given birth? A. true physical virginity B. false physical virginity C. demi-virginity D. virgo intacta E. moral virginity

250 D. true physical virginity hymen is intact, opening barely admit the tip of finger, false physical virginity hymen intact but orifice is wide, demi virginity woman who permits any form of sexual liberties as long as they abstain from rupturing the hymen

Which of the following is NOT considered an absolute qualification for a candidate to apply for the complete board examination in medicine? A. he must be a filipino citizen B. he must be of good moral character C. must be of sound mind D. must have completed internship E. should be a holder of a degree of doctor of medicine

251 A. a person whose country's existing laws permit citizens of the Philippines to practice medicine under the same rules and regulations can be allowed by virtue of reciprocity

The following are considered NOT participating in the practice of medicine EXCEPT A. any medical student or intern under the supervision of a registered physician B. a duly registered masseur of physiotherapist applies massage upon prescription or order from a physician C. a clinical psychologist or mental hygienist who is under direct supervision by a physician D. A person who administers paracetamol to a patient with fever E. a nurse who takes the blood pressure and prescribes the appropriate treatment

252 E. household remedies are not included in practice of medicine, any person who examines and prescribes or treats a patient is without supervision of a registed physician is practicing medicine

Which of the following conditions are to which the doctrine of contributory negligence may NOT apply? A. failure to give the physician an accurate medical history B. A post surgical patient din not follow the physician's take home instructions and medications C. a semiconscious patient rolls over from her stretcher and breaks her hip D. leaving a hospital against the advice of the attending physician E. failure to seek further medical assistance if symptoms persisted despite warnings from the physician

253 C. contributory negligence cannot apply where the patient is mentally ill, semiconscious, heavily sedated or of advanced age

Which of the following elements are included in fulfilling the conditions necessary for application of the doctrine of res ipsa loquitur? A. the accident would not occur without negligence B. the agency must be in the control of the defendant C. there was no contributing conduct by the plaintiff D. all of the above E. only A and B

254 D. all are requisites for res ipsa loquitur

These are damages paid for by virtue of the amount agreed upon by the parties to be paid in case of breach of contract A. moral damages B. liquidated damages C. temperate damages D. moderate damages E. nominal damages

255 B. moral damages from mental anguish, physical suffering ,fright and moral shock, temperate or moderate - more than nominal less than compensatory, when there is some pecuniary loss but the amount cannot be proved with certainty page 374 solis

Which of the following tests can be used to determine the presence of gunpower residues on the hand or site of the wound entrance? A. dermal nitrate test B. paraffin test C. diphenylamine test D. all of the above E. only A and B

256 D. all of the above are the same as paraffin test

Which of the following terms refers to natural children acknowledged by the father or the mother separately if the acknowledging parent was legally competent to contract marriate at the time of conception? A. legitimated children B. legitimate children C. natural children proper D. natural children by legal fiction E. natural children by presumption

257 C. all are under illegitimate children except legitimate and legitimated children. Natural children proper- born out of wedlock but parents have no impediment to marry each other, by legal fiction children born of void mariages or born of voidable marriages, legitimate those born in lawful wedlock or within 300days after dissolution of marriage

Which among the following statements regarding infanticide is false? A. it is most often committed by the mother B. the criminal act is always committed in the home C. the crime scene shows no disturbance, witnesses and or noise or outcry D. trauma applied is minimal E. if the newborn child found dead was born dead, burden of proof that a living child has been killed is on the prosecution

258 B. the criminal act is almost always in the home but not always

Wood alcohol is otherwise known as: A. Propylene glycol B. Isopropyl alcohol C. Ethylene glycol D. Ethyl alcohol E. Methyl alcohol

26 E.

Which of the following tests determines whether the specimen is of human blood or not A. Precipitin test B. Aetone-haemin of Wagenhaar test C. puramine test D. berberio's test E. none of the above

260 A. review the different tests

What refers to the art of identification of fingerprints by comparison? A. Graphology B. Endoscopy C. Poroscopy D. Dactyloscopy E. Dactylography

261 D.

What is the most prominent sign of death? A. Cessation of heart action B. Cessation of respiration C. Progressive fall of body temperature D. Loss of power to move

262 C.

A person lost an eye after being physically assaulted. He was hospitalized hor 10 days. The offender is liable for? A. Serious physical injury B. Less serious physical injury C. Slight physical injury D. Mutilation

263A..Any injury with loss of body part or deformity is considered serious regardless of days of confinement/treatment

The crime of qualified seduction can be committed on a woman above the age of 18 when: A. The sexual act was done deceitfully B. The sexual act was committed with force or intimidation C. The offender is the father or brother of the victim D. The woman is a prostitute.

264 C.

A baby born alive has a legal responsibility. One of the tests used to determine life before death of a fetus is to float the lungs in the water or what is called as: A. Wrendin's B. Hydrostatic C. Icard's D. Breslau's

265 B.

If the husband is impotent yet her wife gave birth to a healthy baby while in lawful wedlock. Which of the following is true? A. Proof of impotence will overthrow presumption of legitimacy B. The child's legitimacy cannot be questioned C. The child upon birth can be declared illegitimate D. None of the above E. All of the above

266 A.

Which of the following constitutes parricide? A. When a man kills his common law wife B. A moron who has three wives and kills the last married to him C. When a married woman kills his illegitimate grandfather D. When a son kills his illigitimate father

267 D.

Disorientation, mental confusion, dizziness, sensory disturbances, exaggerated emotional state suggests that the blood alcohol level is: A. 400 mg% B. 150-300 mg% C. 80-100 mg% D. 500 mg% E. <80 mg%

268 B.

A confession is different from admission because the latter is: A. statement of guilt B. statement of fact which does not directly involve an acknowledgement of guilt C. expressed acknowledgement of the truth of his guilt as to the crime charged D. All of the above E. None of the above

269 B.

Kimberly Chu. sues Dr. Balu for mental anguish, social humiliation and loss of sleep after a botched facelift operation. What type of damages can Ms. Chu recover from this situation? A. Actual damages B. Compensatory damages C. Exemplary damages D. Moral damages E. Nominal damages

27 D. Actual or compensatory damages simply make good or replace the loss caused by the wrong. Nominal damages vindicate or recognize the injured party’s right to a property that has been violated or invaded, with minimal or no compensation. Exemplary or corrective damages are intended to serve as a deterrent to serious wrongdoings.

A person who inflicts serious physical injury on another causing physical deformity is punishable by: A. Prison mayor B. Prison correcional in its medium or maximum periods C. Prison correcional in its minimum or medium periods D. Arresto mayor E. None of the above

279 C. A - Imbecility/total blindness/impotency - prison mayor; B - Loss of hearing, sight, smell, speech, arm, leg - prison correccional medium or maximum C - Deformity/loss of other members of body - prison correccional minimum or medium D - <90 days incapacitated - arresto mayor

Jejo scratched Mar in the face in an altercation. You attended to the injury that resolved in less than 10 days but a resultant keloid scar formed. The legal classification of this injury is: A. Serious physical injuries B. Less serious injuries C. Slight injuries D. Mutilation E. Scarring injury

28 A..

Which of the following is true regarding the rights of patients when confined to the hospital? A. Right to receive visitors and relatives within the limits prescribed by the hospital B. Correspondence that is restricted by the hospital C. Right to be free from mechanical restraints with absolutely no exceptions D. All of the above

280 A. Unrestricted correspondence; Free from restraints except if there is justifiable reason, right to be discharged

The privilege to practice medicine in the Philippines is regulated by what entity/body? A. Board of Medicine B. Police power of the State C. Judicial body of the State D. Professional Regulatory Commission E. Philippine Medical Association

281 B. The police power of the state has the right to regulate the practice of medicine

Which of the following test would determine whether the blood and semen obtained from the crime scene is of human origin? A. Precipitin test B. Takayama's test C. Florence's test D. Benzidin's test E. Fodere's test

282 A.

A physician was asked by the court to describe the findings in his physical examination of his patient, who was a victim in a hazing incident. The physician in court is acting as a/an? A. Expert witness B. Ordinary witness C. Special witness D. Both A and B E. None of the above

283 B. Merely description without inference of the possible explanation for the injuries or diagnosis would mean that he is merely acting as an ordinary witness.

A patient with malignant melanoma undergoes experimental treatment despite lack of knowledge of the possible adverse effects. The researchers are not liable for any untoward event that may occur due to what doctrine? A. Captain of the ship doctrine B. Doctrine of sole responsibility C. Doctrine of forseeability D. Doctrine of contributory negligence E. Assumption of risk

284 E. SIMILAR TO PREVIOUS BOARD EXAM CONCEPT/PRINCIPLE.

An OFW who came from Sierra Leone returned to the Philippines and died due to complications of Ebola virus. If he is to remain unembalmed he must be buried not later than how many hours? A. 6 hours B. 12 hours C. 20 hours D. 24 hours E. 48 hours

285 B. for infectious - buried not later than 12 hours

A 65 year old male who underwent exploratory laparotomy complained of abdominal pain 24 hours post-op. Imaging studies revealed that a mosquito forcep and multiple gauzes were retained in the patient's abdominal cavity. The surgeon is liable by application of what doctrine? A. Doctrine of vicarious liability B. Doctrine of continuing negligence C. Doctrine of contributory negligence D. Doctrine of res ipsa loquitur E. Doctrine of direct negligence

286 D. Res ipsa loquitur: the thing speaks for itself

Which of the following tests is used to determine if the fetus was born alive by allowing to float the lungs in water? A. Hydrostatic Test B. Icard’s test C. Breslau’s test D. Wrendin's test E. Precipitin Test

287 A.

A 37 year old man was hit by a speeding van in the legs and was thrown 15 feet from impact, subsequently hitting the pavement. As the attending physician, apart from the fractures on both legs, you noted abrasions, contusions and lacerations in the abdomen, flanks and chest. These injuries are referred to as what? A. Run over injuries B. Primary impact C. Secondary impact D. Contrecoup injuries E. Coup injuries

288 C.

A 25 year old female, who was a victim of a home invasion, sustained multiple stab wounds and is rapildy deteriorating due to massive blood loss. She made a statement to the attending physician at the emergency room in referrence to the individual who inflicted the injury on her. Her statement is best considered as what? A. Privillege communication B. Dying declaration C. Inadmissible evidence D. Hearsay evidence E. None of the above

289 B. SIMILAR TO PREVIOUS BOARD EXAM CONCEPT/PRINCIPLE.

If the parents are type A and type B, which of the following would be the blood group of their children? A. Types O, A and B B. Types A, B, AB and O C. Types A and B D. Types A, B and AB E. Type AB

29 B. SIMILAR TO PREVIOUS BOARD EXAM CONCEPT/PRINCIPLE. Both A and B alleles are dominant over O. O is a recessive allele. As a result, individuals who have an AO genotype will still have an A phenotype. People who are type O have OO genotypes. In other words, they inherited a recessive O allele from both parents. The A and B alleles are codominant. Therefore, if an A is inherited from one parent and a B from the other, the phenotype will be AB. A parent with phenotype A may have genotype AA or AO, a parent with phenotype B may have genotype BB or BO. Therefore, they may produce children with O phenotype (OO genotype).

You evaluated a 68 year old woman with 4-month history of chest pains and fainting spells that you feel would benefit from a cardiac catheterization. After informing her fully of the benefits, consequences and risks of the procedure, she decided with full understanding to forego the intervention. What is the ethical approach that you should do? A. Respect her choice B. Explore reasons for her decision and try to convince her again C. Refer her to a psychiatrist D. Continue with the procedure nevertheless even if without her consent E. Talk to the family and have them convince her to undergo the procedure

290 A.

For a child to be legitimate, he must be born in a lawful wedlock or within how many number of days after the dissolution of marriage? A. 110 days B. 230 days C. 250 days D. 300 days E. 365 days

291 D.

A physician refused to attend on several occasion of a court hearing citing as reason that he has several out- patients to examine. Which of the following is he liable for? A. Direct contempt of the court B. Indirect contempt of the court C. Disrespect for the court D. No liability, as his reason is considered qualified and valid E. Both A and B

292 B.

Confidentiality of information in the course of a doctor- patient relationship may be breached in which of the following instances? A. When disclosure is necessary to serve the best interest of justice B. When disclosure of information will serve the private health sector and pharmaceutical companies C. When disclosure is needed in a civil case to determine the moral character of a patient D. Both A and C E. All of the above

293 A. Confidentiality may only be breached in the best interest of justice and public safety.

What type of injury is incurred when a blow to the forehead causes contusion of the eyeball due to fracture of the bone at the roof of the orbit? A. Coup B. Contre-coup C. Coup contre-coup D. Locus minoris resistencia E. None of the above

294 D.

The hospital is almost full and the only vacant beds are in the ward. An infectious case was admitted in the ward resulting to contamination of other patients. The physician who admitted the patient is liable under what doctrine? A. Captain of the ship B. Contributory Negligence C. Superior knowledge D. Assumption of risk E. Foreseeability

295 E. Contamination of other patients is foreseen when one admits an infectious case in the ward filled with patients who does not have the same infection.

Which of the following findings in death is not consistently present and may not appear on a person who has just died? A. Cadaveric spasm B. Primary flaccidity C. Rigor mortis D. Secondary flaccidity E. None of the above

296 A. Cadaveric spasm or instantaneous rigor is not always present and is not part of the 3 stages of muscles after death.

What is the burden of evidence needed to convict a physician in a criminal case? A. Substantial evidence B. Circumstantial evidence C. Guilt beyond reasonable doubt D. Preponderance of evidence E. None of the above

297 C.

Which of the following is an incidental right of a physician? A. Right to exemption from execution of instruments and library B. Right to choose patients C. Right to avail of hospital services D. Right to limit the practice of medicine E. None of the above

298 A. The rest of the choices are inherent rights of a physician

A woman attacked her co-worker in the office after a heated arguement. A physican attended to the injury that resolved within 3 days. After a week, the victim developed multiple linear scars over the forehead and malar area where the wounds were initially inflicted. What is the legal classification of this injury? A. Slight physical injury B. Less serious physical injury C. Serious physical injury D. Mutilation E. Physical injuries inflicted in a tumultuous affair

299 C. Slight: 1-9 days Less serious: 10-29 days Serious: >30days; or with scar, deformity, loss of organ

Who comprises the board of medicine? A. 1 chairman and 4 members B. 1 chairman and 5 members C. 1 chairman and 6 members D. 2 co-chairs and 4 members E. 2 co-chairs and 6 members

3 B. Source: Topnotch handout on legal medicine.

Permission to disinter the remains of a person who died of a dangerous communicable disease maybe granted after a burial period of: A. 4 years B. 5 years C. 6 years D. 7 years

347 B. 3 years for those who died of non-dangerous communicable disease. If with special permit, remains may be disinterred anytime except in cases of dangerous communicable disease. Reference: Topnotch Legal Med Handouts

A verbal and accurate description of the person identified is termed A. Anthropometry B. Bertillon System C. Verbal Drawing D. Portrait Parle E. Oral description

30 D.

What is the term used to refer to physical injuries which develop on parts of the body near bony tissues that are deep seated and caused by forcible impact of hard blunt objects? A. Abrasion B. Contusion C. Hematoma D. Laceration E. Incision

300 B.

Which of the following is an inherent right of a physician ? A. To choose patients in a non emergency cases B. To hold certain public or private offices C. Right to have appropriate compensation D. Right of way while responding to call of emergency E. all of the above

301 A. inherent rights of the physician: 1. to choose patients, however should respond to any in cases of emergency. 2. to limit the practice. 3. to determine the appropriate management procedures. 4. to avail of hospital services. Incidental rights of the physician: 1. right of way during emergency calls 2. right of exemption from execution of instruments and library 3. to hold cetain public and private offices, 4. to have appropriate compensation 5. to membership in medical societies. Topnotch handout

the kind of medical compensation given to doctors working in a private/public companies or health maintenance organizations? A. Contractual fee B. Contingent fee C. Retainer fee D. Straight fee E. Commission fee

302 C. retainer fee - measureed by the space of time and not by the quality or quantity of medical services rendered. Contractual fee - contract stipulates the nature of procedure, it states the value of such medical services either verbval or in writing. commision fee or fee splitting - sharing of fee with another physician, laboratory or drug company, not baed on services performed(unethical).contingent fee - fee depends on the success or failure of the treatment instituted (unethical). straight fee ( pakyaw system) - the amount of medical fee is dependent on what will be the remaining balance (unethical) Topnotch Hand Out

what is the minimum requirement for conviction if the physician is charged with immoral or dishonourable conduct towards his/her patient under the medical act of 1959? A. Guilt beyond reasonable doubt B. Preponderance of evidence C. Substantial evidence D. Circumstantial evidence E. none of the above

303 C. immorable of dishonourable conduct is a ground for administrative investigation. The requirement for conviction is a substantial evidence on proving the charge agains the physician. The venue for trial is at the PRC board of medicine. While the penalty may range from reprimand, suspension or revocation of license. civil liabilities - peponderance of evidence while criminal liabilities is of guilty beyond reasonable doubt.

which of the following will not disqualify a person as a witness? A. Persons who have been convicted of a crime B. Descendants testifying against his/her parents C. Husband testifying against a criminal by her wife against a unrelated party D. person of tender age E. all of the above

304 A. persons not disqualified from becoming a witness:1. parties or other persons interested in the outcome of the case 2. persons who have been convicted of a crime. 3. persons on account of his opinion on matters of religious belief.

this is a type of medical evidence which is perceived through the use of sight, hearing, taste, smell and touch? A. Experimental evidence B. Autoptic evidence C. Documentary evidence D. Corpus delicti evidence E. Tracing evidence

305 B. A- doing experiment inorder to confirm his/her allegation in front of the court. C- use of letters, figures,or marks intended to be used for the purpose of recording. D-objects or substances which may be a part of the body of the crime. E- this are physical evidences that assist an investigator in locating a suspect ex. ship or aircraft manifest.

which of the following is not correct about the methods in approximating the height of a person? A. 9x the length of the head B. The distance betw+een suprasternal notch and the symphysis pubis is about 1/3 of the height C. Length of the forearm measured from the tip of the olecranon process to the tip of the middle finger is 5/19 of the height D. the distance from the base of the skull to the coccyx is about 44% of the height E. none of the above

306 A. the approximate height of the person is about 8x the length of the head

what is the minimum approximate age of a person if his/her 3rd molar root is completely calcified? A. 20 B. 22 C. 25 D. 27 E. 30

307 C. 9 y/o -12 permanent teeth; 11 y/o -20 permanent teeth, 13y/o - 28 permanent teeth, 25 y/o - calcification of 3rd molar root is complete.

this refers to qualified seduction? A. Single or widow of good reputation over 12 y/o but under 18 y/o committed y means of deceit B. Having carnal knowledge to a woman under 12 y/o age C. To a virgin >12 y/o but under 18 y/o committed by any person in public office, priest, or teacher, D. to a virgin >12 but under 18y/o carried out with her consent and with lewd design E. none of the above

308 C. A- simple seduction. B- rape, D- consented abduction.

which of the following is a form of microscopic examination of blood or blood stains? A. Precipitin test B. Wagenhaar test C. Schombein test D. Phenolpthalein test E. All of the above

309 B. chemical examination - ammonia saline extract test, guaiacum test, schombein test, phenolphthalein test, leucomalachite green test. Microscopic examination - takayama test, teichmann blood crystal test, and wagenhaar test. Biological examination - precipitin test and blood groupings

During cadaveric rigidity, what is the minimum time needed for the whole body to become stiff? A. 10 hours B. 12 hours C. 14 hours D. 16 hours E. 18 hours

310 B. initiation of rigidity starts at the range of 3-6 hours of death, it becomes total rigidity at a least of 12 hours. Duration of rigidity in temperate countries is about 48-72 hours while in tropical countries is 24-48 hours.

what is the approximate duration needed for a contusion to change from red to green? A. 2-4 days B. 4-5 days C. 6-8 days D. 8-10 days E. None of the above

311 B. red to green color - 4-5 days , red to yellow color - 7-10 days .( SIMILAR TO PREVIOUS BOARD EXAM CONCEPT/PRINCIPLE)

what is the maximum penalty applied to a person who is charged with serious physical injuries resulting for the victim to loose one eye? A. Prison correcional in its minimum or medium periods B. Arresto mayor C. Prsion correcional in its maximum periods D. prison mayor E. reclusion perpetua

312 C. prison correcional in its medium and maximum periods - 1. loss of the use of speech or the power to hear or to smell or loss of an eye, a hand, a fooot, an arm or a leg 2. loss of the used of any such member. 3. becomes incapacitated for the work in which he was therefore habitually engaged. Prison mayor - results to imbecility, impotency, and total blindness ( should be both eyes).

What type of asphyxia does cyanide poisoning belongs to? A. Anoxic death B. Anemic anoxic death C. Stagnant anoxic death D. Histotoxic anoxic dath E. None of the above

313 D. Histotoxic death- refers to asphyxia secondary to failire of cellular oxidative processes: cyanide, alcohol overdose and carbon monoxide. Anoxic death - associated with the failure of the arterial blood to become normally saturated with oxygen e.g. air passage obstruction, high altitude, congenital heart disease (R-->L shunt). anemic anoxic death- refers to decrease capacity of the blood to carry oxygen e.g. severe hemorrhage, CO ( also histotoxic), anemia. stagnant anoxic death - failure of circulation ( Myocardial infarction)

this refers to asphyxia by forcefully occluding the external respiratory orifices either by the use of hand or by some other means? A. smothering B. choking C. Trottling D. Burking E. None of the above

314 A. Burking - any form of traumatic asphyxia for the purpose or intent to sold the body to medical schools for dissection. Trottling - use of hand to apply constricting force to the neck. Choking - impaction of foreign body in the respiratory passageways.

definition of virginity applies to which of the following statement? A. Refers to a female B. Refers to both sexes. C. Refers to a state of not knowing the nature of sexual life and not having experienced sexual intercourse D. All of the above

315 A. On legal point, the term virginity refers to a female who has not experienced sexual intercourse and whose genital organs have not been altered by carnal connection. C- refers to moral virginity.

Refers to the compulsive desire of a person to rub his sexua lorgan against some parts of the body of another? A. Frottage B. Partialism C. Mixoscopia D. Sodomy E. Uranism

316 A. uranism - sexual gratification attained by fingering, fondling with the breast, licking part of the body. Partialism - the person has a special affinity to certain part of the female body. Sodomy - sexual act through anus of another human being. mixoscopia - sexual pleasure is attain by watching couple undress or during sexual activity.

This refers to an examination of peripheral circulation wherein a fluorescent solution is injected to the circulation to see whether the latter will spread to all over body or not ? A. Diaphanous test B. Icards test C. Magnus test D. Winslows test E. none of the above

317 B. Magnus test - ligature is applied around the base of the finger with moderate tightness. In a living person, there appears a bloodless zone at the site of application. If such ligature is applied on a dead man, there is no change in color. Diaphanus test - the fingers are spread wide and the finger webs are viewed through a strong lightt in the living, the finger webs appear red but yellow in dead. Winslow test - theres is no movement of the image formed by reflecting artificial light on the water or mercury contained ina saucer and placed on chest or abdomen if respiration is not taking place.

How many hours it usually takes for a body to float secondary to drowning ? A. 16 hours B. 18 hours C. 22 hours D. 24 hours E. 48 hours

318 D.

refers to illegitimacy when a child is conceived by parents who are in a second civil degree? A. Spurious B. Manceras C. Sacrilegious D. Incestuous E. Adulterous

319 D. Spurious children refers to the general term illegitimate children. It can be classified into 4 kinds: adulterous, sacrilegious -parents who are ordained by sacris, incestious - blood relationship, manceras- conceived by prostitutes

Saturnine gout pertains to: A. Pseudogout B. Gout caused by excess thiazide use C. Gout caused by cyclosporine toxicity D. Gout caused by lead poisoning E. Gout in people with Lesch-Nyhan syndrome

37 D.

This finding in death is not consistent and may or may not appear on a person who died: A. Rigor mortis B. Algor mortis C. Putrefaction D. Cadaveric spasm E. Decomposition

32 D.

A 29 y/o medical technologist went for consult secondary to chronic cough. based on the history and PE, you diagnosed her to have post nasal drip. After hearing your diagnosis, she started searching the internet in front of you and states that you dont know what postnasal drip really is. what is the nature of MD patient relationship in this case? A. activity-passivity B. Guidance cooperation C. mutual participation D. fiduciary E. expressed contract

320 C. mutual participation - patient thinks that he is juridicially equal to the MD and that the nature of relationship is on a negotiated agreement. Guidance cooperation- patient is conscious ,seeks help and ready to cooperate. Activity-passivity- patient is unable to contribute activity ( patient is unconscious). fiduciary - states that the relationship is based on mutual trust and confidence.

Carnal knowledge means: A. knowledge about the nature of sexual life B. rupture of the hymen C. slightlest penetration of the female sexual organ by the male sex organ D. Full penetration is necessary.

321 C.

When a blow to the forehead causes contusion of the eyeball due to a fracture of the bone at the roof of the orbit, this type of injury is called: A. coup B. contre-coup C. coup contre-coup D. locus minoris resistencia

322 D.

Dactylography is: A. the study of the pores on the papillary or friction ridges of the skin for the purpose of identification B. arte of changing fingerprints C. art and study of recording fingerprints as a means of identification D. art of comparing fingerprints for identification

323 C. Choice D pertains to dactyloscopy.

If the person died as a result of a communicable disease and is unembalmed, the body should be buried not later than: A. 12 hours B. 20 hours C. 24 hours D. 48 hours

324 A.

A wound may be indirectly fatal by reason of: A. scarring effect B. hemorrhage C. mechanical injuries to vital organs D. shock

325 A. Choices B, C, and D are direct causes of death from wounds.

According to Dupuytren's classification, burns resulting in charring of the limb and involving bone and muscle is considered to be: A. fifth degree burns B. sixth degree burns C. seventh degree burns D. eighth degree burns

326 B. fifth degree burns - involving the deep fascia and muscles which may result to severe scarring or deformity

Kunkel's test is carried out on a blood sample to determine the presence of: A. hydrogen sulfide B. hydrogen cyanide C. carbon monoxide D. nitrates

327 C.

An expert medical witness has the following qualification: A. duly licensed medical practitioner B. duly licensed medical practitioner with at least 5 years of active practice C. duly licensed medical practitioner who has specialized in a particular branch of medicine D. duly licensed medical practitioner who is a specialist in the line along which he is testifying

328 A.

A physician who fails to comply to a subpoena issued by the court may be guilty of: A. administrative sanction B. direct contempt of the court C. indirect contempt of the court D. criminal act of ommission

329 C.

The following medical fees are considered immoral or unethical under the Code of Medical Ethics EXCEPT? A. Contingent fee B. Dichotomous fee C. Retainer fee D. Fee splitting E. Straight fee

33 C.

Dr. X, the MHO of Municipality X, shall perform an autopsy on a dead body when: A. Requested by any relative of the victim B. Verbally directed by the police C. Upon order of the mayor D. Ordered by the Provincial Hospital Medical Director

348 C. Choice A - should be requested by nearest of kin only, not any relative Choice B - it should be a written, not just verbal request by the police Choice D - if ordered by the provincial or city fiscal

In which of the following is there a physician-patient relationship? A. physical examination conducted for insurance purposes with prescription B. physician appointed by trial courts to examine an accused C. autopsy examinations D. in casual consultations during conferences

330 A.

A statement made by a dying patient to the attending physician in reference to the persons who inflicted injury on him is known as: A. privileged communication B. dying declaration C. hearsay evidence D. inadmissible evidence

331 B.

The declaration of a patient who knows that he is dying from cancer that his compadre told him that he (compadre) killed his wife is: A. privileged communication B. dying declaration C. hearsay evidence D. testimonial evidence E. deposition

332 C.

Which one of the following medical fees is considered unethical? A. professional fees B. retainer's fees C. contingent fees D. contractual fees

333 C.

The medical records department refused to disclose the clinical records of a patient. The patient may seek redress through: A. mandamus B. court injunction C. subpoena duces tecum D. TRO

334 A.

the following are rights of patients, except: A. right to give consent to diagnostic and treatment procedures B. right to religious belief C. right to avail hospital services D. right to compensation

335 D.

A form of sexual deviation whereby pain is the principal factor for satisfaction, either as a recipient of inflictor, is called: A. algolagnia B. pedophilia C. fetishism D. bestiality E. uranism

336 A.

In slight physical injuries, the period of medical attendance is not more than: A. 9 days B. 15 days C. 20 days D. 60 days

337 A.

Which of the following is a test for the presence of powder residues on clothing: A. Gonzales' test B. Walker's test C. Paraffin test D. Lung's test

338 B.

A missing person is presumed dead after how many years? A. 3 B. 5 C. 7 D. 9 E. 11

339 C.

If a patient died or became incapacitated, the claim for medical fees shall be borne the following persons in the order of: A. Spouse, parents, children, siblings B. Spouse, parents, siblings, children C. Spouse, children, parents, siblings D. Children, spouse, siblings, parents E. Children, spouse, parents, siblings

34 C.

In contrast to ante-mortem clot, post-mortem clot is: A. firm B. soft C. homogeneous D. uniform

340 B.

Dactylography is: A. The study of the pores on the papillary or friction ridges of the skin for the purpose of identification B. Art of changing fingerprints C. Art and study of recording fingerprints as a means of identification D. Art of comparing fingerprints for identification

341 C. Choice A - poroscopy Choice D - dactyloscopy

The following are inherent rights of a physician, except: A. To choose their patients B. Limit their practice C. To be compensated D. Avail of hospital services

342 C. Reference: Topnotch Legal Med Handouts

A common law husband who kills his common law wife with whom he has a 2 day-old child can be prosecuted for: A. Infanticide B. Parricide C. Homicide D. Impossible crime

343 C. If the legal wife was killed, the charge would be for parricide.

It is an expressed acknowledgment by the accused in a criminal case of the truth of his guilt as to the crime charged: A. Confession B. Admission C. Interrogation D. All of the above

344 A. Confession involves guilt. Admission would be attesting to the fact only, but not to guilt.

The following are prerequisites to the practice of Medicine, except: A. Age of at least 19 years old B. Must be a holder of a certificate of registration C. Must not have been convicted by any court of competent jurisdiction of any offense involving moral turpitude D. Proper educational background

345 A. Minimum age for practice is 21 years old

The presence of a weapon which is highly grasped by the hand of a victim of a shooting incident is an example of: A. Rigor mortis B. Death stiffening C. Cadaveric spasm D. Cadaveric rigidity

346 C.

After incision and drainage of an abscess at the OPD, the patient failed to take his antibiotics and developed sepsis. The doctor cannot be held liable under which doctrine? A. Doctrine of contributory negligence B. Doctrine of continuing negligence C. Doctrine of assumption of risk D. Doctrine of forseeability

350 A.

For a dying declaration to be admissible in court, which statement is not valid? A. The declarant was not the victim B. The declaration must be with regard to the impending death C. The declarant was conscious of his impending death D. The declarant was in full possession of his mental faculties when he made the declaration

351A..

The following manner of death should be autopsied, except: A. Suicides B. Death unattended by a physician C. Accidental death D. Death occurring in a natural manner

352 D.

Accidental death of a young child by suffocation, either from the pressure of the beddings and pillows or from the pressure of the unconscious mother is called: A. Battering B. Overlaying C. Burking D. Mugging

353 B.

The type of asphyxial death when oxygen is delivered to the tissues but cannot be utilised properly due to failure of cellular oxidative processes is: A. Anoxic B. Histotoxic C. Anemic anoxic D. Stagnant anoxic

354 B. Anoxic - failure of blood to be saturated with oxygen Anemic anoxic - decreased capacity to carry oxygen Stagnant anoxic - failure of circulation

This type of criminal offender commits a crime with motive or intention and with full possession of their mental faculties: A. Ordinary offenders B. Rational offenders C. Professional offenders D. Non-emotional offenders

355 B. Reference: Topnotch Legal Med Handouts

When the color of a contusion changes to green, the estimated age is: A. 2-4 days B. 4-5 days C. 14-15 days D. 7-10 days

356 B. Red/purple - 2-4 days Yellow - 7-10 days Disappears - 14-15 days

This type of injury need not be reported to police authorities under PD 169: A. Serious physical injuries B. Mutilation C. Slight physical injuries D. Less serious physical injuries

357 C.

A male intern had sexual intercourse with a female patient with her consent. Under what circumstance would this be considered rape? A. The intern promised to marry her B. The patient is feeble minded C. The patient is his wife from whom he is legally separated D. The patient is above 18 years of age

358 B.

A branch or division of law which deals with the rules concerning pleadings, practices and procedures in all courts of the Philippines: A. Remedial law B. Civil law C. Criminal law D. Special law

359 A.

For a child to be legitimate, he must be born in a lawful wedlock or within these number of days after the dissolution of marriage: A. 120 days B. 180 days C. 300 days D. 100 days E. 365 days

36 C.

The following are justifiable grounds to refuse admission of patients in a hospital, except: A. Patient is chronically ill B. Patient’s condition is contagious and a risk to other patients C. All accommodations are filled D. Patient is critically ill and needs emergent care

360 D.

Tin and Tonbart had a child out of lawful wedlock. After 3 years, they decided to finally get married. The child becomes? A. Illegitimate since the child was born before the parents were married B. Legitimated since there was subsequent marriage of the parents C. Adopted by the father since the child was born before the parents were married and in effect only the child of the mother prior to marriage D. Sacrilegious since the child was born before the parents were married E. Manceres since the child was born before the parents were married

361 B. Legitimation is defined as the remedy or process by which a child born out of lawful wedlock and are therefore considered illegitimate are by fiction of law considered legitimate by subsequent valid marriage of the parents Topnotch pg 57

Dr. Bon was seen by his neighbor at the Hyatt accompanied by a woman other than his wife. The neighbor was appalled and decided to file a case against him since the neighbor believes that his actions are a disgrace to his profession. What level of evidence is needed for this case? A. Substantial evidence B. Preponderance of evidence C. Guilt beyond reasonable doubt D. Considerable evidence E. Significant evidence

362 A. The neighbor most likely plans to file an administrative case against the doctor since he believes that the doctor's conduct is unethical and unprofessional and only substantial evidence is needed. For civil cases: preponderance of evidence, for criminal cases: guilt beyond reasonable doubt Topnotch pg 7

A 16/F college student was failing her course in Math. After the last departmental exam, she approached her professor so that she can drop the course and avoid a failing grade. The professor proposed another solution, he will promise an "uno" if she agrees to have sex with him. The professor can be charged with? A. Simple seduction B. Qualified seduction C. Rape D. Consented abduction E. Acts of lasciviousness

363 B. Seduction of virgin over 12 years and under 18 comitted by any person in public authority, teacher, entrusted with the education or custody of a woman - qualified seduction Topnotch pg 19

Nino married Emma which happened to be his own stepdaughter. The had a child following the consummation of their marriage. The child is considered? A. Legitimate B. Sacriligious C. Natural by legal fiction D. Spurious E. Natural by presumption

364 C. Since Nino married his own stepdaughter, their marriage is considered void from the start. Therefore the child and all their future children would be considered natural by legal fiction Topnotch 58

Which of the following statements are TRUE? A. Impotency if proven will overthrown the presumption of legitimacy B. Impotency can be grounds for annulment C. Impotence can be used as a defense of the defendant when accused of rape D. A and C E. All are true

365 E.

A patient promised Dr. Joseph 1 million pesos if he can completely reconstruct his jaw. The professional fee to be collected is: A. Retainer fee B. Contingent fee C. Contractual fee D. Straight fee E. Dichotomous fee

366 B. Contingent fee since it depends on the success or failure of the treatment Topnotch pg 5

A surgeon finished doing an appendectomy in record time. After the surgery, the patient complained of persistent abdominal pain. Upon xray, a thin stripe was seen inside the abdominal cavity indicating that a piece of surgical gauze was left inside the patient. The surgeon is liable by virtue of which doctrine? A. Doctrine of continuing negligence B. Doctrine of common knowledge C. Captain of the ship doctrine D. Doctrine of Vicarious liability E. None of the above

367 B. Doctrine of common knowledge or res ipsa loquitur - nature of the wrongful act is suggestive of negligence such as when a foregin body is left unintentionally during closing of an incision

A 34/M was involved in a bar fight. Unfortunately the patient sustained multiple injuries to head which culminated in the loss of his right eye. The person responsible would receive the penalty of? A. Prison mayor B. Prison correcional C. Arresto mayor D. Reclusion temporal E. Arresto menor

368 B. Serious injuries involving the loss of the use of speech, power to hear or loss of an eye, a hand, a foot, an arm or a leg warrants a penalty of prison correcional in its medium and maximum periods. Imbecility, impotency or blindness (total or involvement of both eyes) warrants a penalty of prison mayor Topnotch pg 32

Test used to detect unburnt poweder in clothing: A. Walker's test B. Gonzales' test C. Paraffin test D. Icard's test E. None of the above

369 A. Gonzales'/Paraffin/Diphenylamine test checks for the presence of power residues on the dorsum of the hand

A feeble minded individual has an IQ of A. 0-20 B. 41-70 C. 71-90 D. 21-40 E. 31-50

370 B. Idiot 0-20; Imbecile 21-40; Feeble minded 41-70

Which of the following can be used to determine if an infant was born alive or was still born? A. Fodere's test B. Werdin's test C. Breslau's test D. A and C E. All of the above

371 E.

Which of the following is/are TRUE regarding infanticide? A. It involves the killing of a child less than 3 days old B. It is most often committed by the mother C. The crime can be committed through omission, neglect or comission D. A and C E. All of the above

372 E.

The following is/are TRUE regarding death by drowning A. The presence of washerwoman's hands and feet proves that the cause of death is by drowning B. The whitish foam that accumulates in the mouth and nostrils is called edema aquosum C. The average time required for death in drowning is between 2-5 minutes D. Tardieu's spots can be found beneath the conjunctiva, face and neck E. All of the above are true

373 C. The presence of washewoman's hands and feet is not diagnostic of drowning. It only means that the body has remained in the water for some time; The whitish foam that accumulates in the mouth and nostrils is called champignon d'ocume; Tardieu spots are found in deaths caused by asphyxia through strangulation by ligature

A 50/M was brought to the ER with multiple stab wounds in the abdomen. While attending to the injuries, the patient grabed the physician's coat signaling him to come closer. The patient then proceeded to narrate that the person responsible for his predicament was his neighbor. He then subsequently expired. In order for his dying declaration to admissible in court the which of the following must be satisfied? A. The declaration was made under consciousness of impending death B. The declaration made refers to the circumstances surrounding the declarant's death C. The patient dies thereafter D. The declarant was a competent witness E. All of the above

374 E.

A woman who permits any form of sexual act so long as the hymen remains unruptured is referred to as a? A. Virgo intacta B. True virgin C. Morally virgin D. Demi virgin E. None of the above

375 D. Virgo intacta - truly virtuous woman; Moral virginity - state of not knowing the nature of sexual life and not having experienced sexual relations

A 15/F was raped by his next door neighbor. She was brought to you for medicolegal examination. Upon inspection of the vaginal introitus, you noted that the laceration is more than half of the width of the hymen but not reaching the base. You classify this as? A. Superficial B. Deep C. Complete D. Compound E. Complicated

376 B. Superficial - not more than half of the width of the hymen; Complete - reaching the base; Compound/complicated - beyond the base

Which of the following is/are TRUE regarding rape? A. Rape is committed when the woman is under 12 years of age B. An impotent man can be charged with rape as long as there is carnal knowledge C. Force, threat or intimidation was used D. It is classfied as a crime against persons E. All of the above

377 E. The anti rape law was amended by RA 8353 in 1997 and has reclassified rape as a crime against persons and not just as a crime against chastity

A neurosurgeon came home early from work when he found his wife in bed with another man. In his rage he took out his gun and shot them both resulting in their deaths. He shall suffer the penalty of? A. Reclusion perpetua B. Reclusion temporal C. Destierro D. Prison mayor E. Death penalty

378 C. If a legally married person caught his partner in the act of sexual intercourse with another man and killed or inflicted serious injury to any or both of them shall suffer the penalty of destierro

A 26/F recevied multiple bruises from his husband. On physical examination, you notice that the color of the bruises are mostly purple. You estimate the age of the bruises to be? A. 2-4 days B. 4-5 days C. 7-10 days D. 2 weeks E. 4 weeks

379 A. 2-4 days purple; 4-5 days green; 7-10 days yellow; 14-15 days gradually disappearing

A man marries his stepdaughter and they conceive a child. The child is considered: A. adulterous B. natural child by legal fiction C. natural child by presumption D. legitimated E. Natural child by wedlock

38 B.

The liability of a school teacher enticing a 16-year old girl who is a virgin into having sexual intercourse with him is: A. Statutory rape B. Simple seduction C. Qualified seduction D. Acts of lasciviousness

391 C. Qualified seduction: virgin >12 and <18 years old; committed by a person in authority. Simple seduction: single or widow >12 and <19 years old; done by deceit.

For a child to be legitimate, he must be born in lawful wedlock within these number of days after the dissolution of the preivous marriage: A. 120 days B. 180 days C. 300 days D. 280 days

392 C. Legitimacy: after 180 days following the celebration of marriage, or within 300 days following the dissolution of marriage.

The children of a prostitute are called: A. Incestuous children B. Sacrilegious children C. Immoral children D. Manceras children

393 D.

Accumulation of blood in the most dependent portions of the body with the blood coagulated inside the blood vessels. A. Marbolization B. Hypostatic lividity C. Diffusion lividity D. Adipocere formation E. None of the above

380 C. Livor mortis/Post mortem lividity/Cadaveric lividity - Accumulation of blood in the most dependent portions of the body, two kinds: hypostatic lividity - blood still in fluid form; diffusion lividity - blood coagluated inside; marbolization - pprominence of the superficial veins during decomposition which develops on both flanks of the abdomen, root of the neck and shoulder

This test is used to determine whether semen is of human origin or not: A. Acid phosphatase B. Berberio's C. Florence D. Precipitin

381 D.

Which one of the following is the chemical test used to determine if the stain is of blood origin or not? A. Marquis test B. Van Urk test C. Benzidine test D. Zwikkers test

382 C.

In the ordinary method of human identification applicable to the living person, the "facies" is a characteristic not easily changed. Which appearance of the face is indicative of approaching death? A. Leonine facies B. Mongolian facies C. Hippocratic facies D. Myxedemic facies

383 C.

A common law husband who kills his common law wife with whom he has a 2-day old child can be prosecuted for: A. Infanticide B. Parricide C. Homicide D. Impossible crime

384 C. For him to be prosecuted for parricide, he must be legally married to his wife ("legal spouse").

It is an expressed acknowledgement by the accused in a criminal case of the truth of his guilt as the crime charged. A. Confession B. Admission C. Interrogation D. All of the above

385 A. Admission: acknowledgement of facts but not guilt

The presence of weapon which is highly grasped by the hand of a victim of a shooting incident is an example of: A. Rigor mortis B. Death stiffening C. Cadaveric spasm D. Cadaveric rigidity

386 C. Cadaveric spasm is also known as instantaneous rigor. Cadaveric rigidity is also known as rigor mortis

Permission to disinter remains of persons who died of dangerous communicable diseases may be granted after a burial period of: A. 4 years B. 5 years C. 6 years D. 7 years

387 B. 3 years if non-dangerous communicable disease

Dr. B, the MHO of a municipality B, shall perform an autopsy on a dead body when: A. Requested by any relative of the victim B. Verbally directed by the police C. Upon order by the mayor D. Ordered by the Provincial Hospital Medical Director

388 C. Autopsy is done following the written order of the following: court,fiscal, mayor, or police authority.

It is the prominence of superficial vveins with reddish discoloration due to the process of decomposition which develops on both flanks of the abdomen: A. Putrefaction B. Marbolization C. Adipose formation D. Maceration

389 B.

Principle applied when the medical fee is not specified: A. "Assumpsit on quanthum merit" B. "lex Loci contract" C. "Dura lex sed Lex" D. "Sine Qua now" E. "Quis custodiet ipsos custodes"

39 A..

When a blow to the forehead cause contusion of the eyeball due to fracture of the bone at the roof of the orbit, what is the type of injury incurred? A. Coup B. Contre-coup C. Coup contre-coup D. Locus minoris resistencia

390 D. This came out in our Board exam like three times… :p

Death by Carbon monoxide poisoning is: A. Anoxic B. Histotoxic C. Anemic anoxic D. Stagnant anoxic E. Pulmotoxic

409 C.

The nature of the physician-patient relationship is/are: A. Fiduciary B. Consensual C. Serendipitous D. A and B E. All of the above

4 D. Source: Topnotch handout on legal medicine.

A patient was found dead in his room with multiple stab wounds. On autopsy, you saw prominent superficial veins with reddish discoloration on his flanks. This finding is called? A. Postmortem lividity B. Maceration C. Marbolization D. Cadaveric lividity E. Adipocere formation

40 C.

Patient decided to leave the hospital against medical advice. Which doctrine is applicable? A. Continuing negligence B. Res ipsa loquitor C. Vicarious liability D. Contributory negligence

400 D.

Which of the following medical fees is considered unethical? A. Professional fees B. Retainer's fees C. Dichotomous fees D. Contractual fees E. None of the above

401 C.

Dactylography is: A. The study of the pores on the papillary or friction ridges of the skin for the purpose of identification B. Art and study of recording ingerprints as a means of identification C. Art of changing fingerprints D. Art of studying fingerprints in relation to the bearer's characteristics E. Art of comparing fingerprints for identification

402 B. SIMILAR TO PREVIOUS BOARD EXAM CONCEPT/PRINCIPLE

Which of the following is the chemical test to determine if the stain is of blood origin or not: A. Marquis Test B. Van Urk Test C. Benzidine Test D. Zwikker's Test E. Ilenburger's Test

403 C.

Which of the following is a Schombein Test? A. Van Deen Test B. Benzidine Test C. Teichmann's Test D. Icard's Test E. Hemin Crystal Test

404 A. SIMILAR TO PREVIOUS BOARD EXAM CONCEPT/PRINCIPLE

When the body surface of a corpse is pressed it leaves a flatened area due to: A. Precipitated skin proteins B. Absence of blood C. Absence of connective tissue D. Loss of elasticity of the skin E. Absence of edema

405 D.

Algor mortis refers to: A. Irritability B. Cooling of the body C. Softening of the body D. Hardening of the body E. Discoloration of the body

406 B. SIMILAR TO PREVIOUS BOARD EXAM CONCEPT/PRINCIPLE

The body should be buried within how many hours if death occurred due to a dangerous communicable disease? A. 8 hrs B. 10 hrs C. 12 hrs D. 24 hrs E. 36 hrs

407 C.

The basis to pronounce a person dead: A. Molecular death B. Apparent death C. Cellular death D. Organic death E. Somatic Death

408 E.

Which of the following laws is enforced by state? A. Moral Law B. Natural Law C. Divine Law D. Law of Gravity E. Adjective Law

41 E. Law which is not enforced by the state: Natural Law (e.g law of gravity, law of nature), Divine Law (e.g. 10 commandments), Moral Law Law which is enforced by state: Substantive Law (e.g. law om property rights), Procedural/Adjective/Remedial Law (law on criminal procedure)

Carnal knowledge means: A. Rupture of the hymen B. Knowledge about the nature of sexual life C. Full penetration is necessary D. Slightest penetration of the female sexual organ by the male sex organ E. Craving for meat

410 D. SIMILAR TO PREVIOUS BOARD EXAM CONCEPT/PRINCIPLE

A female that permits all forms of sexual liberty except rupture of hymen: A. Demi-virgin B. Morally virgin C. Virgo intacta D. False physical virginity E. Tru physical virginity

411 A. SIMILAR TO PREVIOUS BOARD EXAM CONCEPT/PRINCIPLE

Disorientation, mental confusion, dizziness, sensory disturbances exagerrated emotional state suggests that the blood alcohol level is A. 150-300 mg% B. 300-500 mg% C. 100 - 150 mg% D. 80-100 mg% E. 60 - 80 mg%

412 A.

A physician becomes what type of witness when he states his physical findings and diagnosis in court: A. Expert witness B. Ordinary witness C. Hostile witness D. Reluctant witness E. Special Witness

413 A. An expert witness states his opinion according to his profession or specialization.

The right to regulate the practice of medicine by the state is based on: A. Police power B. Power of eminent domain C. Medical Act of 1959 D. Constitution E. Professional Regulation Commission

414 A. SIMILAR TO PREVIOUS BOARD EXAM CONCEPT/PRINCIPLE

A patient who had an eclamptic seizure is in coma and is being treated by a tea of physicians. What is the pattern of relationship between the physicians and the patient? A. Active-Passive B. Mutual Participation C. Guidance cooperation D. Consensual E. No relationship

415 A.

A Civil case is to be filed by a patient against a doctor for recovery of damages, what is the minimum evidence needed for conviction? A. Guilt beyond reasonable doubt B. Preponderance of evidence C. Substantial Evidence D. Gross negligence E. Minimal reasonable evidence

416 B.

An indigent patient is sufferring from Hepatic Encephalopathy, but due to financial restraints his relatives requested to be discharged against medical advice. What Doctrine is applicable? A. Doctrine of Continuing negligence B. Doctrine of Contributory negligence C. Doctrine of Assumption of risk D. Doctrine of last clear chance E. Doctrine of Res Ipsa Liquitor

417 B.

The type of damages given to "teach the public a lesson": A. Moral B. Actual C. Compensatory D. Exemplary E. Liquidated

418 D.

After an alleged fight of 2 women over their common boyfriend, one of them sustained a deep laceration in the face causing a permanent scar, the patient is given a 7 day-medical attendance. What type of injury is this? A. Serious physical injuries B. Less serious physical injuries C. Slight physical injuries D. Mutilation E. Defense Injuries

419 A. even if the period of medical attendance required only a few days, if the injury sustained caused a permanent severe deformity, or caused a psychological disorder, the injury is considered to be Serious.

A receptionist was given an extra fee by a physician after the former endorsed a patient to his clinic. The physician is guilty of committing: A. Pakyaw system B. Simple contractual payment C. Fee splitting D. Retainer

436 C. Fee splitting is unethical, same with contingent and straight or pakyaw fees. Simple contractual and retainer fees, on the other hand, are ethical.

The following are the functions of the Board of Medicine EXCEPT: A. Determine and prepare contents of licensure examination B. Administering and conducting the licensure examination in accordance to its rules and regulations C. Promulgate rules and regulations for the proper conduct of the examinations, corrections and registrations D. Administer oath E. Issue Certificate of Registration

42 B. Functions of Board of Medicine: 1. To determine and to prepare contents of the licensure examination 2. Promulgate rules and regulations for the proper conduct of the examinations, corrections and registrations 3. Administer oath 4. Investigate violations, issues subpoena 5. Issue Certificate of registration 6. Suspend, revoke or reissue Certificate of Registration Administering and conducting licensure examination: Function of PRC

Instances when the MD cannot recover PF EXCEPT: A. When there is an agreement that the service is gratuitous B. Waiver on the part of the MD to the PF even if there has been a previous agreement that the service is for a fee C. Those not covered by the HMO D. Medical services rendered by industrial or company MD to their respective employees E. MDs in charity hospitals, health centers, rural health untis, asylums, tenements to indigent patients.

420 C.

This law is not enforced by the State: A. Substantive law B. Remedial law C. Public law D. Moral law

421 D. *Remember that all subjects have just the same bearing in your total score, so NEVER take legal med for granted. Lectures by lawyer-Drs. Rebosa and Rebosa have covered at least 70% of the questions in our batch. It doesn't require much memorization, but more of hardcore comprehension, hence one of the easiest and most fun. Make sure you'd get a high score in legal med. =)

Which of the following is not a pre-requisite to practice medicine in the Philippines? A. Age of at least 21 years B. Natural born Filipino C. Proper medical education D. Certificate of registration (PRC)

422 B. Remember that the State allows foreign doctors to practice medicine in the country granted by reciprocity (with compliance to the requirements prescribed in Section 8 of the Medical Act) or endorsement.

A patient was denied of access to his clinical records by a hospital. To compel the hospital to do disclosure, the patient may file for: A. Subpoena duces tecum B. Temporary restraining order C. Mandamus D. Court injunction

423 C. Subpoena duces tecum requires the physician to produce documents under his possession relevant to the case. Whereas subpoena ad testificandum requires the physician to appear and testify before a court or in an investigation.

A physician feels that his new patient is stubborn, uncooperative and difficult. On the other hand, the patient, who believes that he is juridically equal to his doctor, sees his attending as unsympathetic and arrogant. The psychological pattern of doctor-patient relationship in this case is: A. Mutual participation B. Activity-passivity C. Guidance-cooperation D. Negligent relation

424 A. Option B is a relationship in which the patient is unable to contribute to any related activity (say unconscious or in a vegetative state). In oprtion C, the patient is conscious and rational but seeks help and is purely cooperative with the physician. He has complete trust with the MD.

What is the burden of proof needed to convict a physician for a civil liability? A. Guilt beyond reasonable doubt B. Preponderance of evidence C. Substantial evidence D. Testimonial evidence

425 B. *Must know! For a criminal case, it is guilt beyond reasonable doubt; and for administrative, it is substantial evidence.

A community doctor was caught in a crossfire between local authorities and an armed criminal group. In such circumstance, he may not respond to an emergency if: A. He is 10 meters away from the site of emergency. B. He has different political affiliation. C. He is a government employee and therefore his service is limited only to the military. D. There is threat to his life.

426 D.

This refers to the prominence of superficial veins with reddish discoloration during decomposition which appears on both flanks of the abdomen, root of the neck and shoulders: A. Marbolization B. Cadaveric lividity C. Angiolysis D. All of the above

437 A.

It is the direct physical connection between the wrongful act of the physician and the injury suffered by the patient: A. Sine Qua now B. Doctrine of proximate cause C. Substantial factor test D. Doctrine of forseeability E. Dura Lox and Lex

456 B. Doctrine of proximate cause is the direct physical connection between the wrongful act of the physician and the injury suffered by the patient.

During a surgical procedure, the assisting medical intern accidentally cut a major vessel instead of the suture. Should the event resulted in an uncorrectable complication, the surgeon may be held liable under the principle of: A. Ostensible agent B. Borrowed servant C. Captain of the ship D. Bad result rule

427 C. Under the captain of ship doctrine, the primary surgeon is held accountable to any hapless or negligent event that happens inside his OR. Ostensible agent principle is not applicable is neither an employee nor an independent contractor of the hospital, much in the same way with the borrowed servant doctrine. The bad result rule presumes that a doctor is innocent of a negligent act until proven otherwise because it is realized prior to the event that a bad result "may actually happen" and in such case res ipsa loquitor is non-applicable.

Egay, a well-trained and internationally acclaimed beautician, treats acne and scars of his clients by supplying them with an innovative oral and topical solutions. Which of the following is true about this case? A. Egay can be sued for malpractice. B. Egay should be commended for performing a new medical discovery. C. Egay can be held liable for illegal practice of medicine. D. Egay's actions are legitimate and scientific.

428 C. There are 2 fundamental elements to this case: 1. Egay is not a physician and is therefore not qualified to practice medicine; and 2. Any act of seeing and treating - especially if unproven, innovative, not OTC - a human person for a disease condition (including that of the skin) constitute practice of medicine. Enlighted by these 2, we say that Egay can be charged of illegal practice of medicine.

Under this doctrine the hospital owner may be held legally responsible for the mistakes of its nursing staff: A. Fellow servant doctrine B. Borrowed servant doctrine C. Common knowledge doctrine D. Vicarious liability doctrine

429 D.

Which of the following is an Inherent Right of a physician A. Avail of hospital services B. Right of exemption from execution of instruments and library C. To hold certain public or private offices D. Right to compensation E. Right to membership in medical societies

43 A.. Inherent Rights: 1. To choose patients 2. Limit the practice 3. Determine the appropriate management 4. Avail of hospital services Incidental Rights: 1. Right of way while responding to call of emergency 2. Right of exemption from execution of instruments and library 3. Determine appropriate management procedures 4. Avail of hospital services

This refers to the post-mortem finding in which blood has gravitated to the most dependent parts of the body but still inside the the blood vessels in its fluid form: A. Tardeau spots B. Hypostatic lividity C. Diffusion lividity D. Algor mortis

430 B. Post-mortem lividity/ suggilation/livor mortis happens when the capillaries of a dead person are distended with blood and they coalesced with one another until the whole dependent area becomes dull-red or purplish. The other kind of lividity, the diffusion type (option C) appears during the later stage when the blood has already coagulated inside the vessels.

Which of the following will differentiate cadaveric spasm from rigor mortis? A. Cadaveric spasm happens immediately after death. B. It is a natural phenomenon. C. It involves all muscles of the body. D. All of the above.

431 A. In contrast, rigor mortis starts to appear 3-6 hours after death and involves all muscles of the body. It is a natural phenomenon, meaning it happens constantly in all dead persons, and is utilized to approximate the time of death.

Which of these bones is most useful in determining the sex of the deceased? A. Femur B. Pelvis C. Sternum D. Skull

432 B. To determine the sex: pelvis, skull, sternum, femur, humerus. To determine the height: femur, humerus, tibia, radius.

Disinterment of remains of a person who died of non- communicable cause may be permitted only after a burial period of: A. 3 years B. 5 years C. 7 years D. 9 years

433 A. If died of a communicable disease, disinterment is permitted after 5 years.

What is the estimated age of a contusion if it has changed its color to green? A. 2-3 days B. Hours after injury C. 4-5 days D. 7-10 days

434 C. *FAQ. Red to purple - soon after complete development; green - 4-5 days; yellow - 7-10 days.

All of the following findings are consistent with an exit gunshot wound except: A. Size is bigger than the caliber of the bullet B. Edges of the wound are everted C. It has irregular shape D. Presence of contusion collar

435 D. Must know! In contrast, an entrance wound is smaller, its edges are inverted, it is commonly round or oval depending on the bullet trajectory, and contusion collar and contact ring are present.

Schombein's test is also known as: A. Benzidine test B. Vandeens dye C. Hemin crystal D. Teichmann's test E. Icard's test

467 B. Schombein's test or vandeen dyes. Teichmann's or hemin crystal.

A laceration that involves more than half of the width of the hymen but does not reach its base is called: A. Superficial B. Deep C. Complete D. Compound

438 B. Defloration means laceration of the hymen as a result of sexual intercourse. Superficial: does not go beyond 1/2 of the whole width of the hymen; deep: if more than half but not reaching the base; complete: if it reaches the base; and compound/complicated: if beyond the base.

Carnal knowledge is: A. A required element in rape cases B. Refers to the slightest penetration in the sexual organ of a woman by the penis C. An act of man having a sexual bodily connection with a woman D. All of the above

439D.

Which of the following fees is considered ethical? A. Commission Fee B. Retainer Fee C. Fee Splitting D. Straight Fee E. Contingent Fee

44 B. Ethical fees: Simple contractual fee; Retainer fee Unethical fees: Contingent fee, Dichotomous/commission/fee splitting; Straight fee

A person having an IQ of 0 to 20 is considered to be a/an: A. Idiot B. Imbecile C. Feeble-minded D. Stupid

440 A..

It is the art and study of recording fingerprints as a means of identification: A. Poroscopy B. Dactylography C. Dactyloscopy D. Graphology E. Endoscopy

441 B. Dactylography is the art and study of recording fingerprints as a means of identification. Poroscopy is the study of the pores found on the papillary or friction ridges of the skin for purposes of identification. Dactyloscopy is the art of identification by comparison of fingerprints.

Barr bodies observed in scraping of the mucous mebranes of this part of the body is used to determine the sex of the body: A. Ears B. Nose C. Mouth D. Vagina E. Anal canal

442 C. Barr bodies observed in scraping of the mucous mebranes of the mouth is used to determine the sex of the body.

This is a medical piece of evidence made known or addressed to the senses of the court, not limited to the sense of vision, but is intended to the sense of hearing, taste, smell and touch: A. Autoptic Evidence B. Experimental Evidence C. Documentary Evidence D. Corpus Evidence E. Physical Evidence

443 A.. Autoptic or Real Evidence is a medical piece of evidence made known or addressed to the senses of the court, not limited to the sense of vision, but is intended to the sense of hearing, taste, smell and touch.

Mr. X was found dead in his room by his son with a weapon highly grasped by his hand after a shooting incident. This is an example of: A. Rigor mortis B. Death stiffening C. Cadaveric spasm D. Cadaveric rigidity E. Postmortem rigidity

444 C. Cadaveric spasm is the instantaneous rigidity of the muscles which occurs at the moment od death due to extreme nervous tension, exhaustion and injury to the nervous system or injury to the chest. Stage of postmortem rigidity, cadaveric rigidity, death stiffening or rigor mortis occurs 3 to 6 hours after death when muscles gradually stiffen.

The most prominent sign of death is: A. Progressive fall of the body temperature B. Cessation of respiration C. Cessation of heart action and circulation D. Insensibility of body loss of power to move E. Change in the color of the fingers

445 A.. The progressive fall of the body temperature is one of the most prominent signs of death due to cessation of the metabolic processes inside the body.

The drug used as a truth serum in detecting deception is: A. Meperidine B. Hyoscine hydrobromide C. Sodium amytal D. Hydroxyzine E. Sodium pentothal

446 B. Truth serum is a procedure which does not make someone tell the truth and the thing administered is not a serum but is actually a drug. In the test, hyoscine hydrobromide is given hypodermically in repeated doses until a state of delirium is induced.

Exhumation is also known as: A. Interment B. Ground burial C. Embalming D. Cremation E. Disinterment

447 E. The deceased buried may be raised or disinterred upon the lawful order of the proper authorities. The body is exhumed for the purpose of performing postmortem examination.

It is a type of asphyxial death when oxygen is delivered to the tissues but cannot be utilized properly due to failure of cellular oxidative process is: A. Anoxic B. Histotoxic C. Anemic anoxic D. Stagnant anoxic E. Typical anoxic

448 B. Histotoxic anoxic death is due to failure of the cellular oxidative process, although the oxygen is delivered to the tissues, it cannot be utilized properly.

A 50 year-old man was driving his motorcycle home from a drinking session with his friend when he suddenly crashed with a car. Physical injuries noted on parts of the body which are deep-seated, caused by forcible impact on hard blunt objects are: A. Abrasion B. Hematoma C. Contusion D. Lacerated wound E. Concussion

449 C. Contusion is the effusion of blood into the tissues underneath the skin on account of the rupture of the blood vessels as a result of the application of blunt force or violence.

Revocation of license is a sanction imposed against a doctor when he is guilty of what liability? A. Criminal liability B. Administrative liability C. Civil liability D. No liability E. AOTA

45 B. Prison/fine: Criminal liability; Damages: Civil liability; Reprimand, Suspension, Revocation: Administrative Liability

Mr. M killed their baby who is a day-old because he was suspecting that his wife was having an extramarital affair with his coworker, Mr. B. The crime committed by Mr. M is: A. Murder B. Parricide C. Homicide D. Infanticide E. Accidental

450 B. Parricide is any person who shall kill his father, mother or child whether legitimate or illegitimate, ascendants or descendants. Infanticide is imposed upon any person who shall kill any child less than three days of age. ACCording to Dr. Rebosa, ParriCide-due to filiation.

Dr. J was given subpoena from a court in Quezon City. He refused to attend on several occasions in a court hearing. His reason is that he has lots of patients to attend to in his clinic in Quezon City. He may be cited for: A. Direct contempt of court B. Indirect contempt of court C. Disrespect of the court D. Unduly prioritizing his patients E. None. He has right to refuse

451 B. Indirect contempt is the failure to appear to court despite 3 subpoenas. Direct contempt is failure to comply with a subpoena inside or near the courtroom.

The reporting of less serious and serious physical injuries by a physician according to Presidential Decree 169 is: A. Mandatory B. Voluntary C. Every end of the month D. Every quarter E. Case to case

452 A.. The reporting of less serious and serious physical injuries by a physician according to Presidential Decree 169 is mandatory.

The right to regulate the practice of medicine by the State is based on: A. Power of eminent domain B. Medical Act of 1959 C. Constitution D. PD 169 E. Police Power

453 E. The right to regulate the practice of medicine by the State is based on Police Power.

The hospital owner may be liable for the mistakes of the resident physicians is under the doctrine of: A. Captain of the ship B. Borrowed servant doctrine C. Fellow servant doctrine D. Vicarious liability E. Doctrine of ostensible agent

454 D. The hospital owner (employer) may be liable for the mistakes of the resident physicians (employee) is under the doctrine of vicarious liability.

Damages imposed to Dr. K as punishment and to serve as an example or correction for the medical profession: A. Nominal damages B. Compensatory damages C. Exemplary damages D. Temperate damages E. Moral damages

455 C. Exemplary or corrective damages are monetary compensation awarded as punishment or deterrence, because of wanton, reckless, malicious or oppressive nature of the wrong committed. It is imposed by way of example or correction for the public good.

Dr. X operated on a patient and inadvertently left behind a needle. Which doctrine is applicable in this case? A. Captain of the ship B. Doctrine of Forseeabiity C. Fellow Servant D. Res Ipsa Loquitor E. Ostensible agent

46 D. Doctrine of Res Ipsa Loquitor (Common knowledge doctrine) is the nature of the wrongful act is suggestive of negligence

Dr. T was sanctioned by the Board of Medicine due to his unprofessional conduct. He is guilty of what liability? A. Civil liability B. Administrative liability C. Criminal liability D. No liability E. All of the above

460 B. Administrative liability is given to physicians by the Board of Medicine on the grounds of unprofessional, unethical conduct, immorality, gross negligence, ignorance, incompetence, etc.

The hospital cannot practice medicine because of the following except: A. Cannot be subjected to licensure exam B. Cannot be regulated C. It is a natural person D. It is created by law and attributes are provided by the law E. No exception

461 C. all of the choices are characteristics of hospital which cannot practice medicine except it is a natural person. Hospital is a juridical person

When the secretary of the doctor is in the lobby of the hospital calling for more patients to come in the clinic, and in return the physician give her a share of what was earned. It is called: A. Retainer fee B. Straight fee C. Simple contractual fee D. contingent fee E. dichotomous fee

462 E. dichotomous fee or commision or fee splitting is the sharing of fee not based on the services performed. It requires services of a person who may act as an agent to solicit patients.

A 45 year old male, married was brought to the ER unconscious, if the following persons are present, who will give the consent for any procedures performed to him? A. Mother B. 22 year old son C. brother D. mistress E. Uncle

463 B. consent must be obtained from (in order): patient > legal spouse > descendants / children > ascendants/ parents > collaterals/ siblings > nearest relative > legal guardian > attending doctor

What is the evidence needed to in a criminal case? A. Preponderance of evidence B. Substantial evidence C. A and B D. Guilt beyond reasonable doubt E. All of the above

464 D. guilt beyond reasonable doubt is needed for conviction in a criminal case; in a civil case - it is preponderance of evidence; in Administrative case - it is substantial evidence.

The following are the inherent rights of a physician except: A. compensation B. Choose patient C. Limit the practice D. Determine the appropriate management E. Avail of hospital services

465 A.. right to compensation is an incidental right. The rest of the choices are the inherent right of a physician

In determining the sex of the skeleton, the following are used except: A. femur B. humerus C. pelvis D. skull E. No exception

466 E. all of the choices are used in determining the sex of the skeleton

The following are conditions for award of moral damages EXCEPT: A. There must be an injury B. There must be a culpable act C. Award of damages is based on Article 2217 of the Civil code D. Wrong doing act is the proximate cause of the injury E. NOTA

47 C. Conditions for award of moral damages: 1. There must be an injury 2. There must be a culpable act 3. Wrong doing act us the proximate cause of the injury 4. Award of damages is based on Article 2219 of the civil code

One of the following death is not autopsied. A. suicide B. Accidental death C. Death unattended by the physician D. Death occuring in a natural manner E. None of the choices

470 D.

A person died of rabies infection should be burried not later than: A. 72 hrs B. 48 hrs C. 24 hrs D. 12 hrs E. None of the choices

471 D. if the cause of death is communicable, it should be burried not later than 12 hrs.

In contrast to a post-mortem clot, the ante-mortem clot is: A. soft B. firm C. homogenous D. uniform E. None of the choices

472 B. postmortem clot is soft, while ante-mortem clot is firm

tardieu spots are associated with: A. hanging B. choking C. Manual strangulation D. Ligature strangulation E. All of the choices

473 A..

After drowning, how soon does the dead body float? A. After 2 days B. After 4 days C. After 3 days D. Within 1 day E. After 1 week

474 D.

Pugilistic position of a boxer ia associated with: A. drowning B. burns C. asphyxia D. Gunshot wound E. Suicide

475 B.

When the color of the contusion changes to green, the estimated age of contusion is: A. 4-5 days B. 2-3 days C. 7-10days D. 14 days E. 21 days

476 A..

What is the IQ of a moron? A. 0-20 B. 20-40 C. 40-70 D. 70-80 E. More than 100

477 C. 0-20=idiot; 20-40 = imbecile; 40-70= moron; 70-80= borderline deficiency; 100=normal average

An erroneous perception wtihout an external object of stimulus is called: A. daydreaming B. hallucination C. illusion D. fantasy E. Delusion

478 B.

Under the Dangerous drug act, marijuana is classified as: A. sedative B. hypnotic C. prohibited D. regulated E. Stimulant

479 C.

Immediate transplantation should be done after death to ascertain success on which of the following organs? A. Kidney B. Cornea C. Blood vessels D. AOTA E. NOTA

48 A.. Immediate transplantation: kidney, heart, lung and liver Transplanation may be done several hours after removal from the donor: Cornea, skin, bone, blood vessels

A surgeon is called to testify in the court, and is asked about his opinion on the surgical procedure performed on the patient he is not attending. He is called as: A. Expert witness B. Ordinary witness C. Defense witness D. Hostile witness E. percipient witness

480 A..

This chemical test is used to determine if the stain is of blood origin or not: A. Benzidine test B. Marquis test C. Van Urk test D. Precipitin test

481 A.. In contrast, precipitin test is a test used to determine whether the blood is of human origin or not. Be sure to be familiar with the other names of chemical tests and their uses. SIMILAR TO PREVIOUS BOARD EXAM CONCEPT/PRINCIPLE.

Dactyloscopy is: A. The art and study of recording fingerprints as a means of identification B. The art of changing fingerprints C. The art of identification of fingerprints by comparison D. The study of pores on the papillary or friction ridges of the skin for the purpose of identification

482 C. Choice A is the definition of dactylography (keyword: recording of fingerprints) while D is the definition of poroscopy.

Maimai was stabbed at the abdomen. Days after she developed peritonitis was admitted at a hospital and died of pneumonia. What is the immediate cause of death? A. Stab wound B. peritonitis C. pneumonia D. hospital

483 C. SIMILAR TO PREVIOUS BOARD EXAM CONCEPT/PRINCIPLE

Algor mortis refers to: A. Cooling of the body B. Softening of the body C. Hardening of the body D. Foul smell of the body

484 A..

When the color of the contusion changes to green, the contusion's estimated age is: A. 2-4 days B. 4-5 days C. 7-10 days D. 14-15 days

485 B. The usual evoluation of a contusion: 2-4 days: red, 4-5 days: green, 7-10 days: yellow, 14-15 days: resolution of contusion

The primer is usually made up of: A. Lead and antimony B. Lead, barium and copper C. Lead and copper D. Lead, barium and antimony

486 D.

Jc was admitted for 3 days and sustained a scar on the face after being physically assaulted. The offender is liable for: A. mutilation B. Slight physical injury C. Less serious physical injury D. Serious physical injury

487 D. A permanent damage is considered under serious physical injury.

The laceration involving more than half of the hymenal height but does not reach the hymenal base is classified as: A. superficial B. deep C. complete D. complicated

488 B. Superficial is less than half, deep is more than half, complete would include the base and complicated would involve the surrounding structures. Two questions were asked using this concept alone in our board exam.

Nikki is married to Edward, however, she had a one- night stand with Jobee who knew her to be married. Jobee can be held liable for: A. infidelity B. concubinage C. adultery D. marital impropriety

489 C. Both the wife and the man he slept with, who new her to be married, can be held liable for adultery.

Type of asphyxial death characterize by failure of arterial blood to become naturally saturated with oxygen. A. Histotoxic Anoxia B. Stagnant anoxia C. Anoxia death D. Anemic anoxia death E. NOTA

49 C. Anoxia death: failure of the arterial blood to Anemic anoxia death: due to decrease capacity of blood to carry oxygen Stagnant anoxia: due to failure of circulation Histotoxic anoxia: failure of cellular oxidation process

Which of the following marriages shall be considered void from the beginning? A. Between the adopting father or mother and the adopted B. Between the legitimate children of the adopter and the adopted C. Between the stepfather and the stepdaughter D. All of the above

490 D.

What should be Ryan's IQ level if he is to be exempted from criminal liability. A. 0-20 B. 20-40 C. 40-70 D. 70-80

491 A.. An idiot (0-20) is exempted from criminal liability. An imbecile has an IQ of 20-40 while feeble-minded/moron has 40-70 IQ level.

Wood alcohol is otherwise known as: A. Methyl alcohol B. Ethylene glycol C. Isopropyl alcohol D. Ethyl alcohol

492 A..

This is composed of laws which are produced by the country's legislation and which are defined, confided and incorporated by the law-making body: A. Statutory law B. Common law C. Customary law D. Remedial law

493 A..

Physical evidence recovered from the crime scene such as a gun with fingerprints of the suspect is called: A. Circumstantial evidence B. Associative evidence C. Tracing evidence D. Corpus delicti

494 D.

Web appeared in the court hearing wearing shorts and slippers. He can be cited for: A. Direct contempt of court B. Indirect contempt of court C. Disrespect of court D. Nothing

495 A..

Dr. Jinette, a moonlighter, was called in to testify what happened during the night of the incident when the victim was admitted at the emergency room. She is giving a testimony as a/an: A. Expert witness B. Ordinary witness C. Defense witness D. Expert and Ordinary witness

496 B. An ordinary witness tells the court his/her own perceptions or his/her own testimony. An expert witness has special knowledge or skill gained by education, or training and gives explanations to enlighten the court. What happened during the night of the incident is something that the doctor has perceived.

Dax had his PRC license suspended indefinitely. After how long can he apply for reinstatement? A. 2 years B. 3 years C. 4 years D. 5 years

497 A..

Jack, a GP, referred a patient to Ray, a specialist. After treatment, the patient paid Ray who in turn gave a share to Jack. What is this called? A. Contingent fee B. Retainer's fee C. Simple contractual fee D. Dichotomous fee

498 D. SIMILAR TO PREVIOUS BOARD EXAM CONCEPT/PRINCIPLE.

The burden of evidence needed to convict a physician for criminal malpractice is: A. Substantial evidence B. Preponderance of evidence C. Proof beyond reasonable doubt D. Circumstantial evidence

499 C. SIMILAR TO PREVIOUS BOARD EXAM CONCEPT/PRINCIPLE.

Which of the following is the site of remote action of arsenics and thus will have pathologic findings on autopsy? A. Peripheral nerve B. Mucous membrane C. Liver D. Heart E. GIT

5 D. Postmortem findings of epicardial hemorrhage is suggestive of arsenic poisoning. Source: Topnotch handout on legal medicine.

Doctor X performed cesarian section on patient Eli when her pregnancy is normal and uncomplicated. This is referred to as: A. Over treatment B. Alternative treatment C. Ideal treatment D. Preventive measure E. Active management

501 A..

The following facts should warrant suspicion of a case of child abuse, except: A. Parents delay in seeking medical care. B. Child frequently misbehaves and cries often C. History given by parents are vague and not consistent D. Physical examination reveals bruises, fractures, lacerations with different degrees of healing E. None of the above

502 B.

Reporting the examination and treatment of serious physical injuries by a physician is: A. Mandatory B. Optional C. Case to case basis D. Once every year E. Once every quarter

503 A..

One of the following is not helpful in determining the sex of the skeleton A. Femur B. Humerus C. Pelvis D. Sternum E. NOTA

50 E. Following bones are helpful in determining the skeleton sex: skull, sternum, pelvis, humerus, femur

The hospital is full and the only vacant beds are in the ward. An infectious case was admitted in the ward resulting to contamination of other patients. The physician who admitted the patient is liable under what doctrine? A. Foreseeability B. Last clear chance C. Continuing negligence D. Contributory negligence

500 A.. The physician should know better--this is the main thought under the doctrine of foreseeability. Make sure to be familiar with all the doctrines.

Dactyloscopy is: A. Art of comparing fingerprints for identification B. Art and study of recording fingerprints as a means of identification C. Art of changing fingerprints D. The study of the pores on the papillary or friction ridges of the skin for the purpose of identification E. NOTA

51 A.. Dactyloscopy: Art of comparing fingerprints for identification

Doctor Y gave an overdose of a drug to a patient causing his demise. Doctor may be charged for: A. Immorality B. Gross Negligence C. Incompetence D. Stupidity E. Murder

510 B.

Patient A was mistakenly operated on without his consent when it was patient B who was supposed to undergo surgery. Even though no harm was done to him, Patient A may recover what kind of damages? A. Liquidated B. Exemplary C. Nominal D. Moderate E. None of the above

511 C.

A physician who stubbornly refuses to go to court when summoned may be cited for? A. Disobedience B. Direct contempt C. Indirect contempt D. Reluctancy E. Circumstantial

512 C.

A genius has an IQ of? A. >140 B. >130 C. 110-120 D. 90-110 E. 80-90

513 A..

Manceras children are children born to? A. Politicians B. Live-in partners C. Royalty D. Families below poverty line E. Prostitutes

514 E.

Jona is considered legitimate daughter of Hans and Ola because Jona was born within how many days from the dissolution of the previous marriage? A. 50 days B. 100 days C. 200 days D. 280 days E. 300 days

515 E.

Disinterment is also known as: A. Embalming B. Exhumation C. Euthanasia D. Parricide E. Homicide

516 B.

Washer woman's hands and feet or Cutis Galina only signifies that the body has been in the water for some time. This statement is: A. True B. False C. Cannot be ascertained D. Probable

517 A..

The most prominent sign of death is? A. Cessation of pulse rate B. Drop in BP C. Flat line on ECG D. Algor mortis E. Rigor mortis

518 D.

What do you call the instantaneous rigidity of muscles which occurs at the moment of death? A. Rigor mortis B. Algor mortis C. Cadaveric spasm D. Molecular death E. None of the above

519 C.

Which of the following is TRUE in estimating how long a person has been dead from cooling of the body? A. When the body temperature is normal at the time of death, the average rate of fall of the temperature during the second hour is one-half the difference of the body temperature and that of air B. During the next two hours, the temperature fall is 1/3 of the previous rate, and during the succeeding two hours, it is 1/2 of the last mentioned rate C. As a general rule the body attains the temperature of the surrounding air from 8-10 hours after death in tropical countries D. To make an approximate estimate of the duration of death from the body temperature the ff formula is used: (Rectal temperature) 98.4 - (Normal Temp)/1.5 E. NOTA

52 E. Methods of estimating how long a person has been dead from cooling of the body: 1. When the body temperature is normal at the time of death, the average rate of fall of the temperature during the first hour is one-half the difference of the temperature and that of air 2. During the next two hours, the temperature fall is 1/2 of the previous rate, and during the succeeding two hours, it is 1/2 of the last mentioned rate 3. As a general rule the body attains the temperature of the surrounding air from 12-15hours after death in tropical countries 4. To make an approximate estimate of the duration of death from the ff formula: (Normal temp) 98.4 - (Rectal temp)/1.5

Tete de negri is observed in which of the following? A. Drowning B. Suffocation C. Carbon monoxide poisoning D. Arsenic poisoning E. Head trauma

520 A..

A 3-year-old girl is brought to the physician after her mother noted blood on her underpants. Examination shows genital condylomata acuminata in the perineal, peri-introital, labial, and anal areas. Some of the pedunculated condylomata appear to have caused the bleeding. She has no visible intravaginal condylomata or vaginal or anal tears. Her mother has a palmar wart on her hand but no history of condylomata acuminata. Her mother has a boyfriend who does not live with them and who has never been left alone with the girl. They live with the mother's 27-year-old brother who only baby-sits the children when they are asleep. Which of the following is the most appropriate next step in management? A) Psychiatric assessment of the mother B) DNA typing of the mother's palmar wart for papillomavirus C) Treatment of the mother's palmar wart D) Vaginal, anal, and throat cultures for Chlamydia trachomatis and Neisseria gonorrhea in the child

521 D.

A 27-year-old primigravid woman at 38 weeks' gestation is admitted in labor. Her pregnancy has been uncomplicated, and a routine prenatal visit 2 days ago showed no abnormalities. On admission, fetal heart tones cannot be heard. Ultrasonography shows little amniotic fluid, fetal edema, and no evidence of a fetal heartbeat. After 1 hour, she delivers a 3175-g (7-lb) stillborn infant; examination of the infant shows no obvious abnormalities except for mild edema. The placenta and membranes appear normal. Which of the following is the most appropriate immediate course of action? A) Notify the hospital liability department B) Obtain consent for fetal organ donation from the parents C) Recommend autopsy of the infant D) Tell the mother not to worry since she can get pregnant again

522 C.

A 57-year-old man is brought to the physician by his wife because his skin has appeared yellow for 3 weeks. Examination shows jaundice and scleral icterus. His total serum bilirubin level is 8 mg/dL with a direct component of 6.2 mg/dL. A CT scan of the abdomen shows a large lesion in the head of the pancreas. When the results are initially discussed, the patient says that he does not want to hear the report, and his wife agrees to abide by his wishes. Which of the following is the most appropriate course of action? A) Withhold the results as the patient wishes B) Contact the patient's children to discuss the results C) Consult with the hospital ethics committee D) Insist on telling the patient the results

523 A..

A 15-year-old girl is brought to the emergencydepartment by her 20-year-old sister because of a 1-week history of fatigue, nausea, and abdominal pain. Menarche was at the age of 12 years, and her last menstrual period was 3 weeks ago. She has not had vaginal discharge. She is sexually active, and she and her partner use condoms inconsistently. Her temperature is 37 C (98.6 F), blood pressure is 110/60 mm Hg, and pulse is 95/min. Abdominal examination shows mild bilateral lower quadrant tenderness. Before a pelvic examination and a pregnancy test can be performed in this patient, consent must be obtained from which of the following? A) The court B) The patient C) The patient's parent D) The patient's sister

524 B.

A 72-year-old man is brought to the physician by his daughter because of painless jaundice for 1 month. His wife died 10 years ago, and his daughter is his only child. Before examining the patient, the daughter asks to speak privately with the physician and asks that she be given the results of any tests. She specifically requests that he not be given any "bad news." The patient is alert. His vital signs are within normal limits. Examination shows scleral icterus and jaundice. There is mild abdominal tenderness on palpation. He is oriented to person, place, and time. A CT scan of the abdomen shows a pancreatic mass with bile duct obstruction and probable metastatic lesions in the liver. Which of the following is the most appropriate next step? A) Abide by the daughter's wishes B) Ask the patient if he wishes to discuss his test results, preferably with his daughter present C) Tell the daughter it is a legal requirement to tell the patient any and all results of medical testing D) Consult with the hospital attorney

525 B.

A mentally competent 76-year-old man is in the terminal stage of multiple myeloma. He is unable to move and requires 24-hour nursing care. Increasing doses of narcotics are needed to control severe pain. As a result, when he is pain-free, respiratory function is impaired and consciousness is clouded. The patient says he cannot live with this degree of pain and asks to be given a lethal injection of pain medication. Which of the following is the most appropriate step regarding the pain medication? A) Reduce the dosage so as not to impair respiration B) Administer the dosage necessary to control pain despite respiratory impairment C) Administer the dosage necessary to control pain and add a centrally acting stimulant D ) Appeal to the family to convince the patient to tolerate a bit more pain

526 B. in a terminally ill patient, the priority is pain control

An 82-year-old woman is brought to the emergency department 30 minutes after collapsing at a shopping center. She was intubated at the scene. On admission, she is comatose and requires mechanical ventilation. Her pulse is 120/min, respirations are 12/min, and blood pressure is 90/60 mm Hg. She does not respond to painful stimuli. Thirty minutes later, her granddaughter comes to the hospital and shows the physician an advance directive signed by the patient requesting no intubation or “artificial means to prolong life.†Which of the following is the most appropriate next step in management? A) Contact the hospital ethics committee B) Continue mechanical ventilation and monitor closely in the coronary care unit C) Obtain nuclear brain blood flow scan to determine brain death D) Extubate the patient and provide supportive care only

527 D.

Patient was aware that the physician was drunk yet he allowed the doctor to inject him: A) Doctrine of continuing negligence B) Vicarious liability C) Res ipsa loquitor D) Captain of the ship

528C.

Which of the following characteristics of a person is not easily changed? A) Hair pattern B) Places frequented C) Speech, gait and mannerism D) Voice

529 C.

Which of the following tests determines whether the specimen is of human blood or not: A. Acetone-hemin of Wagenhaar Test B. Puramine Test C. Takayama test D. Precipitin Test E. Berberio's Test

53 D.

After graduating from medical school, you begin using the title MD after your name. You are: A. Committing malpractice B. Committing fraud C. Illegally practicing medicine D. Academically entitled to use MD

560 D. SIMILAR TO PREVIOUS BOARD EXAM CONCEPT/PRINCIPLE

1. The following are acts considered as immoral or dishonorable conduct under the Code of Medical Ethics: a. Referral Fee b. Insanity c. Simple fee d. Conviction of a crime

561 A.

What is the study of identification of fingerprints by comparison? A) Dactyloscopy B) Dactylography C) Graphology D) Poroscopy

530 A.

Which of the following is the chemical test used to determine if the stain is of blood origin or not? A) Benzidine test B) Marquis test C) Icards test D) Zwikkers test

531 A.

What is the pathophysiology behind the flattened area when the body surface of a corpse is pressed? A) Absence of edema B) Loss of elasticity of the skin C) Precipitated skin proteins D) Absence of blood

532 B.

A physician must appear in response to a subpoena if his place of residence is how many kilometers from the court issuing the subpoena? A) < 80 km B) <70 km C) <60 km D) < 50 km

533 D. < 50 km

A doctor is impotent yet his wife gave birth to a healthy baby while in lawful wedlock. Which is true? A) The child’s legitimacy cannot be questioned B) Proof of impotence will overthrow presumption of legitimacy C) The child upon birth can be declared if formal D) None of the above

534 B.

A mother does not intend to hurt her child. When she is drunk, she periodically batters her son. She becomes remorseful afterwards and provides proper care in between her drinking sprees. What type of child abuser is the mother? A) Occasional child abuser B) Intermittent child abuser C) Constant child abuser D) One time child abuser

535 A.

A baby, born alive, has a legal personality. One of the tests used to determine life before death of a fetus is to float the lungs in water is A) Wrendin’s test B) Icard’s test C) Breslau’s test D) Hydrostatic test

536 D.

The liability of a professor enticing a 16 year old girl, who is a virgin, into having sexual intercourse with him is A) Statutory rape B) Simple seduction C) Qualified seduction D) Act of lasciviousness

537 C.

Physical injuries which develop on parts of the body near bony tissues that are deep seated caused by forcible impact of hard blunt objects are usually A) Abrasion B) Contusion C) Hematoma D) Lacerated wound

538 B.

What is another term for the accidental death of a young child by suffocation either from the pressure of beddings and pillows or from pressure of the unconscious drunk mother? A) Battering B) Overlaying C) Burking D) Mugging

539 B.

A gauze was left inside the abdominal cavity after an operation. The applicable legal principle in this case is: a. Doctrine of vicarious liability b. Doctrine of res ipsa loquitur c. Doctrine of contributory negligence d. Doctrine of foreseeability

562 B.

Which of the following is a characteristic of exit wounds? A. Abrasion collar present B. Products of combustion present C. Size is bigger in cases of contact fire D. Edges are inverted E. Variable shape

54 E. Exit wounds: Size bigger except in contact fire, shape is variable, abrasion collar absent, products of combustion absent, edges are everted and punch out

An idiot is exempted from criminal liability.What is the IQ of an idiot? A) 0-20 B) 10-30 C) 20-40 D) 50-70

540 A.

According to the Medical Act of 1959, which of the following does NOT constitute an act of medicine? A. A person who has neither graduated from medical school nor has taken the board exam uses the title of MD after his name. B. A person physically examines another and diagnoses and prescribes medications; but refuses to take professional fees. C. A physician appearing on Salamat Doc diagnoses and treats a patient consulting over the phone. D. A mother gives Pedia-Lyte to her daughter suffering from diarrhea. E. None of the above

541 D. Pedia-lyte is a household remedy.

According to the Medical Act of 1959, which of the following is NOT a ground for suspension or revocation of registration certificate? A. Physician knowingly issues a false medical certificate B. Physician is addicted to alcoholic beverages C. Physician issues business cards proclaiming that he graduated from Harvard Medical School and trained in Brigham and Women's Hospital D. Physician spreads rumor derogatory to the character of another physician. E. None of the above

542 E.

The following are inherent rights of the physician except: A. Right to choose patient B. Right to limit practice C. Right to determine appropriate management procedures D. Right of way while responding to call of emergencies E. Right to avail of hospital services

543 D. D is an incidental right

An industrial physician charges the company he is working for according to hours spent at clinic and not by the quantity of medical services rendered. Which of the following statements is correct? A. The physician charges a contingent fee which is considered unethical. B. The physician charges a contractual fee which is considered ethical. C. The physician charges a retainer fee which is considered ethical. D. The physician charges a straight fee which is considered unethical. E. The physician charges a straight fee which is considered ethical.

544 C.

An actress sustained facial deformities after undergoing a face lift. The physician is sued because the patient has suffered 'anguish, social humiliation, and moral shock.' The type of damages that can be recovered as a result of these is termed: A. Actual damages B. Nominal damages C. Moral damages D. Compensatory damages E. Liquidated damages

545 C.

A physician may do a procedure even when it is against the patient's wishes if: A. The procedure is essential to maintain the patient's well being B. The procedure is deemed safe by the medical community C. The patient's parents consent to it D. The procedure is required by law

546 D.

Physical injury is considered slight if the victim is incapacitated for how long: A. 6 - 12 hours B. 12 - 24 hours C. 1 - 9 days D. 2 weeks E. 1 month

547 C.

After being hit by a truck in the legs, a man was thrown 10 feet from impact hitting concrete pavement. As a result, patient sustained abrasions, contusions and lacerations in other parts of the body aside from sustaining leg fractures. The abrasiions, contusions and lacerations are termed: A. Run over injuries B. Hit and run injuries C. Secondary impact injuries D. Primary impact injuries

548 C.

A 28/M embraces and kisses a woman against her will. He may be charged with: A. Rape B. Simple seduction C. Qualified seduction D. Assault and battery E. Acts of lasciviousness

549 E.

Cadaveric spasm is also known as: A. Rigor Mortis B. Postmortem muscular irritability C. Instantaneous rigidity D. Postmortem rigidity E. AOTA

55 C.

A physician who appeared in court was asked about the injuries sustained by a victim of a vehicular crash. He then described in detail the abrasions and contusions sustained by the patient. A. The physician is providing documentary evidence in court. B. The physician is acting as an ordinary witness. C. The physician is acting as an expert witness. D. The physician is testifying on privileged informaiton.

550 B.

The following are characteristics of an enrance wound EXCEPT: A. Wound size is usually smaller than an exit wound B. Usually inverted C. Usually oval or round depending on the angle of approach of the bullet D. May cause tattooing E. None of the above

551 E.

The following are characteristics of medico-legal autopsy except: A. The purose is to correlate tissue changes with a criminal act B. Emphasis is placed on the effect of wrongful act on the body C. Requires consent of the next of kin D. Provides a factual, objective medical report E. None of the above

552 C. C is a feature of pathologic autopsy

A person who died of complications of PTB and is unembalmed must be buried not later than ___. A. 6 hours B. 12 hours C. 20 hours D. 24 hours E. 48 hours

553 B.

In carbon monoxide poisoning, oxygen is delivered to the tissues but cannot be utilized properly due to failure of celular oxidative processes. This type of asphyxial death is termed: A. Anoxic B. Histotoxic C. Stagnant D. Anemic E. Molecular

554 B.

A man who had carnal knowledge of a woman through force, threat or intimidation is charged with rape. If convicted, he shall be punished by: A. Prison correccional B. Prison mayor C. Reclusion temporal D. Reclusion perpetua E. Death penalty

555 D.

Which of the following is a requisite for a physician to have his license suspended or revoked? A. Substantial evidence B. Preponderance of evidence C. Guilt beyond reasonable doubt D. Real evidence E. Autoptic evidence

556 A.

A patient who was denied access to his or her medical record may compel the custodian to allow him or her to see the documents by filing a petition in court for: A. Subpoena duces tecum B. Injunction C. Certoriari D. Temporary restraining order E. Mandamus

557 E.

A patient expresses his wishes to leave against medical advice. The physician, believing that he is acting in the patient's best interest, forces the patient to remain. The physician may be charged with: A. Assault and battery B. Malpractice C. Negligence D. Breach of duty E. False imprisonment

558 E.

A patient with pancreatic cancer undergoes experimental treatment despite lack of knowledge of the possible side effects. The researchers are not liable for any untoward event that may occur due to this doctrine. A. Doctrine of informed consent B. Assumption of risk C. Doctrine of forseeability D. Doctrine of contributory negligence E. Doctrine of sole responsibility

559 B.

Killing a child less than 3 days old is called? A. Parricide B. Murder C. Infanticide D. Abortion E. NOTA

56 C.

Medical malpractice is an offense that is filed to which regulatory body? a. Philippine Medical Association b. The Board of Medicine c. Department of Health d. Board of Medical Education

563 B.

these are the damages imposed on a physician as a punishment and to serve as an example for the medical profession A. Liquidated damages B. Temperate damages C. Compensatory damages D. Nominal damages E. Corrective damages

58 E.

These are damages imposed on a physician as punishment and to serve as an example or correction for the medical profession: a. Nominal damages b. Compensatory damages c. Temperate damages d. Exemplary damages

580 D.

A member of the PMA is required a total of how many CME units per year to maintain membership with good standing? A. 10 B. 25 C. 50 D. 75 E. 100

581 E. Every PMA member is required to earn his credit a minimum of 100 CME Units per fiscal year. (From Section 38: Required CME credit units of the PMA Code for Continuing Medical Education) PDF content is downloadable from PMA website.

Which of the following is not a prerequisite to the practice of Medicine in the Philippines? A. At least 21 years old B. Citizen of the Philippines C. Medical school diploma D. Board exam passer E. Holder of certificate of registration

582 B. Being a citizen is not a requirement to practice medicine in the Philippines.

The privilege to practice Medicine is regulated by what entity? A. Board of Medicine B. Police power of the State C. Judicial body of the State D. Professional Regulatory Commission E. Philippine Medical Association

583 B. The police power of the state has the right to regulate the practice of medicine

Dr. AD was asked by the court to describe the findings in his physical examination of Patient BL, who was a victim in a shoot-out. Dr. AD in court is acting as a? A. Ordinary witness B. Expert witness C. Both as ordinary and expert witness D. Special witness E. None of the above

584 A. Merely description without inference of the possible explanation for the injuries or diagnosis would mean that he is merely acting as an ordinary witness.

A case was filed against the surgeon who left a foreign object inside the patient's abdomen after performing cholecystectomy. The residents, interns and nurses assisting in the operation are also included in the lawsuit. The nature of the liability against the intern would be? A. Administrative B. Civil C. Administrative and Civil D. Criminal and Civil E. Criminal, Civil and Administrative

585 D. The intern cannot be imposed any reprimand, suspension or revocation because he does not possess a license, therefore he is only liable criminally and civilly.

What is the burden of proof needed for a physician to be civilly liable? A. Proof beyond reasonable doubt B. Preponderance of evidence C. Extensive evidence D. Substantial evidence E. Ample evidence

586 B. Criminal - proof beyond reasonable doubt Civil - Preponderance of evidence Administrative - Substantial evidence

Dr. FF was subpoenaed to act as an expert witness in a criminal case held in the regional trial court of the Bicol region, 120 km away from his residence. He did not comply because he has a lot of patients to see in his clinic, he may be cited for? A. Direct contempt B. Indirect contempt C. Both direct and indirect contempt D. Unduly prioritizing his practice E. None

587 E. The doctor may not appear in any courts he was subpoenaed provided it is greater than 100 km from his residence.

The following medical fees are considered immoral or unethical under the Code of Medical Ethics EXCEPT? A. Contingent fee B. Dichotomous fee C. Retainer fee D. Fee splitting E. Straight fee

588 C. Simple contractual and retainer fee is ethical.

The hospital is almost full and the only vacant beds are in the ward. An infectious case was admitted in the ward resulting to contamination of other patients. The physician who admitted the patient is liable under what doctrine? A. Vicarious liability B. Res Ipsa Loquitor C. Superior knowledge D. Foreseeability E. Continuing negligence

589 D. Contamination of other patients is foreseen when one admits an infectious case in the ward filled with patients who does not have the same infection.

A doctor, who is unmarried had an illicit relation with his unmarried secretray. He is guilty of? A. Adultery B. Concubinage C. Infidelity D. Sodomy E. Immorality

599 E. Since both are unmarried, it is just immorality.

TRUE of simple seduction EXCEPT: A. The offended party over 12 years old but less than 18 years old B. Offended party must be single or a widow of good reputation C. Sexual intercourse with the offended party D. Deceit E. The offender commits the act by abuse of authority

59 E. Simpe Seduction: 1, The offended party over 12 years old but less than 18 years of age 2. Offended party must be single or a widow of good reputation 3. Sexual Intercourse with the offended party 4. deceit

Which of the following is NOT an inherent right of the physician? A. Choose patients B. Exemption from execution of instruments and library C. Avail of hospital services D. Limit the practice of medicine E. Determine the appropriate management and procedures for his patients

590 B. Exemption from execution of instruments and library is an incidental right.

If a patient died or become incapacitated to do so, the claim for medical fee shall be made from the following persons in order? A. Spouse, parents, children, siblings B. Spouse, parents, siblings, children C. Spouse, children, parents, siblings D. Spouse, siblings, parents, children E. Spouse, children, siblings, parents

591 C. The order is spouse, descendants, ascendants, siblings.

A physician who acquire his license after passing the board exam needs to renew it at what time interval? A. Every 2 years B. Every 3 years C. Every 4 years D. Every 5 years E. Every 6 years

592 B. Renewal is done every 3 years.

Which of the following organs putrefy late? A. Brain B. Gravid Uterus C. Spleen D. Liver E. Lungs

593 E. Putrefy Early: Brain, Stomach and intestines; Lining of the trachea and larynx; spleen, liver; gravid uterus. Putrefy Late: Esophagus; Diaphragm; Heart; Lungs; Kidneys; Urinary Bladder; Prostate; Uterus (not pregnant)

The patient realized that his physicain was grossly intoxicated at the time he was going to give the patient an injection. The patient allowed the physician to proceed in spite of the physician's conditions. The patient was injured. The court will held the patient liable for? A. Antecedent contributory negligence B. Contemporaneous contributory negligence C. Subsequent contributory negligence D. Concurrent contributory negligence E. No liability

594 A. 3 types: Antecedent: Problem Contemporaneous: while the esophagoscope was being applied the patient made a violent move without warning which resulted to the puncture of the esophagus. Subsequent: Patient sustained a wound which the physician sutured and gave a prescription for tetanus anti0toxin. He instructed the patient to go immediately to the drug store and have it filled and bring it back to the office for an injetion. The patient took the prescription and went home.

The test used to determine whether semen is of human origin or not is? A. Florence test B. Berberio's test C. Farnum's test D. Acid phosphatase test E. Ganguli's method

595 C. Precipitin test or biological test of Farnum will test whether the semen is human origin or not.

The finding in death is not consistent and may not appear on a person who died? A. Instantaneous rigor B. Primary flaccidity C. Rigor mortis D. Cadaveric rigidity E. Secondary flaccidity

596 D. Cadaveric spasm or instantaneous rigor is not always present and is not part of the 3 stages of muscles after death.

A woman scratched another in the face after a fight. The doctor attended the injury that resolved in 10 days without any sequalae. The legal classification of the injury is? A. Slight physical injury B. Less serious physical injury C. Serious physical injury D. Mutilation E. Physical injuries inflicted in a tumultuous affray

597 B. Slight: 1-9 days Less serious: 10-29 days Serious: >30days; or with scar, deformity, loss of organ

The entrance wound in a gunshot can be differentiated from the exit wound with the following characteristics EXCEPT? A. Appears to be smaller than the missile owing to the elasticity of the tissues B. Usually oval or round depedning upon the angle of approach C. Edges are inverted D. Underlying tissues may be seen protruding from the wound E. Tattooing or smulging may be present

598 D. Underlying tissues are not protruding in an entrance wound.

Fingerprints appear in the fetus as early as: A. 2nd month B. 3rd month C. 4th month D. 5th month E. 6th month

6 C. Source: Topnotch handout on legal medicine.

Requires a MD to produce documents or papers in his possession A. Subpoena ad testificandum B. Subpoena duces tecum C. Subpoena duces tecum et ad testefecandum D. Injunction E. NOTA

60 B. Subpoena ad testificandum: MD is required to appear before a trial or investigation Subpoena duces tecum: MD is required to produce some documents which are under his control or possession that are pertinent to the issues of the controversy Subpoena duces tecum et ad testificandum: combination of 2

Dr. SS has illicit affairs with an 11 yr old prostitute, wherein there is deceit and abuse of power. The physicain can be charged with? A. Rape B. Qualified Seduction C. Simple Seduction D. Ordinary Seduction E. Immorality

600 A. The woman is below 12 years old, so the physician is quilty of rape.

ES just received the news that she passed the physician licensure exam. She then immediately set up her own clinic and started seeing patients even before the oath taking. ES can be sued for: A. Illegal practice of medicine B. Malpractice C. As long as no damage is incurred by her patients, she has no liability D. Administrative liability

601 A. ES is still not a holder of a license. She should have waited for the oath taking and be handed her license certificate before practicing medicine. Until then, she is still considered illegally practicing medicine.

A 4-year old child was suffering from diarrhea. A non- doctor neighbor told the mother to give Pedialyte 45. Which describes appropriately her action? A. Illegal practice of medicine B. Malpractice C. Acting against false pretenses D. Not considered an act constituting practice of medicine

602 D. Pedialyte 45 is approved as a household remedy by BFAD for diarrhea. Therefore, no practice of medicine has been committed.

A physician may perform a diagnostic or therapeutic procedure without the consent of the patient or his relatives A. when the physician believes the procedure is necessary B. when the patient is unconscious C. in an acute emergency when there is no time to discuss the situation D. all of the above

611 C. Physician can only proceed with a procedure without consent during acute emergencies, wherein there is no enough time for an informed consent to be discussed and the life of the patient may immediately be at stake.

A test to prove live birth that involves checking the middle ear of a child. Before birth, this is filled with gelatinous embryonic connective tissues but disappears after birth. This test is called: A. Wredin B. Breslau C. Fodere D. Winslo

603 A. Breslau test - aka stomach bowel test or floatation test. If the organs float in water and air bubbles are liberated, breathing has taken place. Fodere test - hydrostatic test. Gettler's test - test used to determine chloride content of blood in the R and L ventricles, used to determine if death occured by drowning, or if death occured in fresh water or salt water

Virginity is not part of the inclusion of which of the following: A. Qualified seduction B. Simple seduction C. Qualified incestuous seduction D. A and B E. B and C

604 E. Ordinary qualified seduction requires that the victim is a virgin. Simple seduction and incestuous qualified seduction do not include virginity as a requirement. As long as the victim is of good reputation and the crime is committed by means of deceit.

This can be a ground for legal action which is an act of omission, which amounts to want of care on the part of the complainant, which concurring with the defendat's negligence is the proximate cause of the injury. A. Doctrine of continuing negligence B. Doctrine of contributory negligence C. Res ipsa loquitor D. Doctrine of ostensible agent

605 B. Doctrine of contributory negligence - doctrine of common fault. Conduct on the part of the plaintiff contributing as a legal cause to the harm he has suffered, which falls below the standard to which he is required to conform. Doctrine of continuing negligence - if the MD after a prolonged treatment of the patient fails to investigate non response or the MD ignores an early warning with regards to the treatment of the patient resulting to harm. Res ipsa loquitor - the nature of the wrongful act is suggestive of negligence (foreign bodies left). Doctrine of ostensible agent - pathologst, radiologist and anesthesiologist can be considred employees of the hospital.

Medical malpractice is an offense that falls under the jurisdiction of: A. Philippine Medical Association B. Board of Medicine C. Department of Health D. NBI

606 B. The PRC under the Board of Medicine handles all administrative cases filed against doctors, inclusive of which are malparactice cases.

If the person died as a result of communicable disease and is unembalmed, it should be buried not later than: A. 12 hours B. 20 hours C. 24 hours D. 48 hours

607 A. A person who died with non-communicable causes and is unembalmed should be buried within 48hours.

The following describes the lungs if respiration takes place after birth, EXCEPT: A. lungs fill the thoracic cavity and overlapping the ehart and thymus gland B. surface is covered with mosaic of expanded air vesicles, giving a marble appearance C. lungs are voluminous, with rounded edges and pink mottled color D. when squeezed between the finger and the thumb, they do not crepitate

608 D. There should be crepitation present when the lung tissue is compressed between the thumb and the finger.

Mr. A was married to Ms. B, who is his own step daughter. The marriage is considered void from the start, hence a child born thereafter is considered: A. adulterous B. natural by legal fiction C. natural child by presumption D. legitimated

609 B. Natural children - born outside a lawful wedlock. Natural by legal fiction - children born of void marriages or voidable marriages after the decress of annulment. Natural children by presumption - natural children acknowledged by the father or mother separately. Spurious children - illegitimate children who are not considered natural (adulterous, sacrilegious, incestuous, manceres)

This type of law pescribes the right and obligations of persons in their daily relation with each other and with society. A. Natural law B. Substantive law C. Procedural law D. Public law E. Divine law

61 B. SIMILAR TO PREVIOUS BOARD EXAM CONCEPT/PRINCIPLE

Confidentiality of information in the course of a doctor- patient relationship may be breached in the following instances: A. when disclosure is necessary to serve the best interest of justice B. when disclosure of information will serve both the public and private health and safety C. when disclosure is needed in a civil case to determine the moral character of a patient D. when information are being asked by police authorities E. all of the above

610 A. Confidentiality may only be breached in the best interest of justice and public safety.

If the parents are type A and type B, which of the following would be the blood group of their children. A. Type O, A and B B. Type A, B and AB C. Type A and B D. Types A, B, AB and O E. Any of the above choices

631 D. A, B and AB

Dr. B refused to attend on several occasion a court hearing citing as reason that he has several out-patients to examine. He may be liable for: A. Direct contempt of the court B. Indirect contempt of the court C. Disrespect for the court D. No liability, as his reason is considered qualified and valid

612 B. Direct contempt - misbehavious inside the courtroom. Indirect contempt - refusing to attend to court after a subpeona has been issued, without a valid reason. Failure to obey a subpeona is a ground for indirect contempt of the court.

A 45-year old man, who works as a painter in a shipyard for 10 years now, presents with gouty tophi and arthritis. He is probably suffering from: A. Hyperuricemia B. Hydrocyanic poisoning C. Arsenic poisoning D. Lead poisoning

613 D. Chronic lead poisoning can lead to formation of tophaceous gout.

Examination of presence of peripheral circulation to confirm death includes a test wherein a solution of fluorescent dye will be injected subcutaneously. If circulation is present, the dye will spread all over the body and the whole skin will have a greenish-yellow discoloration. this test is called: A. Icard's test B. Diaphanous test C. Magnus test D. Teichmann's test

614 A. Magnus test - application of ligature around the base of a finger with moderate tightness. Diaphanous test - the fingers are spread wide and the fingers are viewed through a strong light. Teichmann's test is a test use dto determine if blood is human or not.

One of the following is NO longer true of rape under RA 8353: A. Offender may be any person B. Offended party must be female C. Insertion of the penis into another person's mouth or anus D. Insertion of any instrument into the genital or anal orifice of another person

615 B. Offended party may be any person of any gender.

Which of the following laws mandates al doctors to report all cases of less serious and serious physical injuries? A. PD 603 B. RA 7610 C. PD 189 D. PD 541 E. PD 169

616 E. PD 603/RA 7610 - anti child abuse law, mandates doctors to report all cases within 48 hours from knowledge. PD 541 - gives former Filipino doctors right to practice in the Philippines again, without revoking their current citizenship.

The court orderd Dr. R to produce th skull of the victim , who was killed by a blow on the head caused by a blunt weapon. The skull is what type of evidence? A. Testimonial evidence B. Autoptic evidence C. Real evidence D. A and B E. B and C

617E.Autoptic or real evidence - evidence made known or addressed to the senses (sight, smell, hearing, taste, touch) of the court. Testimonial evidence - giving a testimony on matters that the witnessed perceived.

The following bones are used in determination of sex of the victim, EXCEPT: A. Pelvis B. Skull C. Sternum D. Humerus E. Femur

618 D. Bones used to identify sex: pelvis, skull, sternum, femur, humerus. Bones used to estimate height: femur, humerus, tibia, radius.

Characteristics of menstrual blood, EXCEPT: A. Does not clot B. Acidic in reaction C. Presence of vaginal epithelial cells D. Numerous deoderlein's bacillus E. No exception

619 E. These are all characteristics of menstrual blood

One of the ff is not a function of the Board of Medicine A. Determining and preparing contents of the licnesure exams B. Promulgaging rules and rgulation for the proer conduct of the examinations C. Administering the licensure examinations D. Administering the oath E. Investigating violations, issues and subpoenas

62 C. Administering and conducting the licensure exam is a function of the Professional Regulatory Commision and not the Board of Medicine

Which of the following is NOT a requisite of the privileged information between the physician and is patient? A. That the information is confidential and if disclosed, will tend to blacken the character of the patient B. That the person against whom the privelege is claimed is one duly authorized to practice medicine, surgery or obstetrics C. That the privelege is claimed in a criminal case not in any civil proceedings D. That the physician acquired the information while he was attending the patient in his professional capacity E.

632 C.

The following are characteristics of human hair, EXCEPT: A. Humans have large sacks of air network B. Hair cells are easily visible even without treatment with water. C. Cortex looks like a fairly thin hollow cylinder D. Thick scales protruding E. All are incorrect/exception

620 E. Human hair has the following characteristics: The medulla consists of fine grains of air network, invisible hair cells without treatment in water, I (relation bet diameter of medulla and diameter of whole hair) value lower than 0.3, fuzz without medulla. Cortex looks like thick muff, pigments are in the form of fine grains. Cuticle is composed of thin scales not protruding, covering one another about 4/5.

Patient was aware that the physician was drunk yet he allowed the doctor to inject him: A. Doctrine of continuing negligence B. Vicarious liability C. Res ipsa loquitor D. Captain of the ship E. Doctrine of informed consent

621 C.

Which of the following characteristics of a person is not easily changed? A. Hair pattern B. Places frequented C. Speech, gait and mannerism D. Voice E. All of the above

622 C.

The art of identification of fingerprints by comparison is known as: A. Dactyloscopy B. Dactylography C. Graphology D. Poroscopy E. A and B

623 A.

Which of the following is the chemical test used to determine if the stain is of blood origin or not? A. Benzidine test B. Marquis test C. Van urk test D. Zwikkers test E. Icards test

624 A.

When the body surface of corpse is pressed, it leaves a flattened area due to: A. Absence of edema B. Loss of elasticity of the skin C. Precipitated skin proteins D. Absence of blood E. Age of the body

625 B.

A physician must appear in response to a subpoena if his place of residence is how many kilometers from the court issuing the subpoena? A. < 80 km B. <70 km C. <60 km D. < 50 km E. Must appear no matter what the distance

626 D. < 50 km

For a child to be legitimate, he must be born in a lawful wedlock or within these number of days after the dissolution of marriage: A. 120 days B. 180 days C. 300 days D. 360 days E. 365 days

627 C. 300 days

The comprehensive study of a dead body performed by a trained physician employing recognized procedures and techniques is known as: A. Post mortem examination B. Autopsy C. Medical Examination D. Post mortem dissection E. Any of the above choices

628 B. autopsy

Cases when trauma or disease kill quickly that there is no opportunity for sequel or complication to develop is known as: A. Proximate cause of death B. Secondary cause of death C. Immediate cause of death D. Underlying cause of death E. Complete cause of death

629 C. immediate cause of death

Which one of the following is an act that constitutes the practice of Medicine? A. Any medical student enrolled in the medical school under direct supervision of a physician B. Registered nurse who takes blood pressure of patients and gives advices to lower blood pressure C. Registered optometrist engaged in mechanical examination of the eye D. A lay person who gives CPR to a stranger who had a heart attack E. A grandmother who gives salabat to his grandchild who has cough

63 B. A registered nurse can take a patient's BP but if one gives advices or precribes treatment one is ocnsdered practice of Medicine and is therefore illegal. All other acts does not constitute practice of Medicine

The following are characteristics of medicolegal autopsy EXCEPT? A. Consent of relatives are not needed B. Correlates tissue changes to the criminal act C. Notation of all abnormal findings D. Must be specific for the purpose of determining whether it is in relation to the criminal act E. All of the above choices

630 C.

Confidentiality of information in the course of a doctor- patient relationship may be breached in the following instances: A. When disclosure is necessary to serve the best interest of justice B. When disclosure of infornation will serve both public and private health safety C. When disclosure is needed in a civil case to determine the moral character of a patient D. When information are being asked by police authorities E. All of the above

637 A.

Burden of evidence needed to convict a physician for criminal malpractice: A. Substantial evidence B. Proof beyond reasonable doubt C. Preponderance of evidence D. Circumstantial evidence E. Any of the above choices

638 B.

An otorhinolaryngologist was forced by a terrorist group member to do a caesarian section on his wife. The physician agreed on the condition that he will be paid PhP 1 M. The physician maybe held liable for the injuries sustained under the doctrine of: A. Foreseeability B. Continuing negligence C. Assumption of risk D. Contributory negligence E. None of the above

639 C. Assumption of risk

ALl of the ff persons can have limited practice without any certificate of registration EXCEPT? A. MD's from other countries called for consultation and exclusively for specific cases B. Foreign MDs employed as exhange professors in special branches of Medicine C. Commisioned Medical officers of the US armed forces D. Graduates of medicine during ROTC training E. Plastic surgeons from the US form Operation Smile with proper authorization

64 D. Med students who have completed the first 4 years of Medicine, graduates of Medicine and RN may be given limited and special authorization by the secretary of Health durign epidemics or national emergencies only.

When a surgeon operates on the patient without a consent, this constitues an assault and even without proof of injury resulting, the plaintiff may recover what type of damage? A. Nominal B. Liquidated C. Exemplary D. Moral E. Moderate

640 A. Nominal damage

Dr. Jaw Orski was found dead on his clinic with multiple stab wounds. On autopsy, you saw prominent superficial veins with reddish discoloration on his flanks. This is called? A. Putrefaction B. Maceration C. Marbolization D. Cadaveric lividity E. Adipocere formation

641 C.

Mrs. Kath Ang-Isip is a chinese national who was found soaked with her own blood in her store. If you are entertaining suicide, you should find A. Indications of struggle B. Hesitation cuts C. Tentative incisions D. A and B E. B and C

642 E.

This finding in death is not consistent and may or may not appear on a person who died A. Rigor mortis B. Algor mortis C. Putrefaction D. Cadaveric spasm E. Decomposition

643 D.

In ballistics, this transforms mechanical energy by the hit of the firing pin on the percussion cap to chemical energy. A. Primer B. Powder C. Bullet D. Projectile E. None

644 A.

This is a head injury that is found on areas of the skull offering the least protection. A. Coup B. Contre-coup C. Coup contre-coup D. Locus minoris Resistencia E. Remote injuries

645 D.

Which of the following is a test for the presence of powder residues on clothings? A. Gonzales' test B. Walker's test C. Paraffin test D. Lung's test E. None

646 B.

You were walking along the street of Delli-Cado when a car accidently hit you on your left leg. The bumper- fracture of the leg bones in your case is a consequence of A. Run over injuries B. Primary impact C. Secondary impact D. Hit and run E. Coup injuries

647 B.

A man was hit by a truck in the legs and was thrown 10 feet from impact, subsequently hitting the pavement. As the attending physician, you noted abrasions, contusions, and lacerations in other parts of his body aside from leg fractures. Those injuries are called? A. Run over injuries B. Primary impact C. Secondary impact D. Hit and run E. Coup injuries

648 C.

The absence of smoke, soiling, burning, or powder tattoing is suggestive of this type of gunshit wound. A. Contact wound B. Close-range wound C. Long-range wound D. Mid-range wound E. None

649 C.

A patient follows the advice of his physician fully because he trusts that his doctor knows best. What kind of psychological pattern of MD-patient relationship is being described? A. Guidance-cooperation relation B. Activity-passivity relation C. Mutual paricipation relation D. Fraternity-trust relation E. Camarederie-respect relation

65 A.. In a guidance cooperation relation- patient is conscious, seeks advice and hel and is willing to cooperate. MD is in a position of trust.

When a surgeon operates on a patient without consent, this constitutes an assault. And even without proof of injury, the plaintiff may recover what type of damage? A. Nominal B. Moderate C. Liquidated D. Exemplary E. Moral

650 A.

Being a physician, you are given a right to limit your practice by the dictate of your conscience and religious beliefs. Hence, you may refuse to do which of the following? A. Tubal ligation B. IUD insertion C. Vasectomy D. A and C only E. All of the above

651 E.

The following fees are ethical and accepted in practice, EXCEPT? A. Professional fee B. Retainer's fee C. Contractual fee D. Contingent fee E. No excemption

652 D. Contingent fee is adding amount of payment depending on the level of satisfactory of the result of treatment. (eg. Patient MUST give additional one million pesos if no scar is visible). This is unethical.

If a baby was born alive, that baby has the right to possess legal personality. Which among the following is a test to prove live birth (given that the child eventually died) by aloowing the fetal lungs to float in water? A. Wredin's test B. Icard's test C. Breslau's test D. Hydrostatic test E. None

653 D.

If a person died as a result of communicable disease, and is unembalmed, the body should be buried not later than? A. 12 hours B. 20 hours C. 24 hours D. 48 hours E. 72 hours

654 A.

In cases of natural death (without any suspicion of foul- play and cause of death is certainly from natural cause), certificate of death should be provided within A. 12 hours B. 20 hours C. 24 hours D. 48 hours E. 72 hours

655 D.

In medical school curriculum, this is the study of licensure laws, regulatory laws, and physician-patient relationship. A. Legal Medicine B. Bioethics C. Legal Ethics D. Medical Jurisprudence E. Medical Ethics

656 D.

An HIV patient voluntarily takes experimental drugs despite of unknown side effects subsequently developed ischemic necrosis of the penis and have to be cut. What doctrine is applicable? A. Res Ipsa Loquitur B. Doctrine of informed consent C. Doctrine of foreseeability D. Doctrine of Contributory negligence E. Assumption of the Risk doctrine

657 E.

A man graduated from a Medical school immediately used the title MD after his name even without passing the Philippine Physician Licensure Examination. This man is A. Commiting malpractice B. Illegally practicing medicine C. Falsely using MD after his name D. Academically entitled to use MD E. Has no right to do so, and is unethical

658 D.

A fiduciary physician-patient relationship is based on A. Law B. Court order C. Mutual trust D. Mutual fund E. Mutual consent

659 C.

The ff are duties and obligations imposed on the physician in the MD patient relationship A. He should possess the knowledge and skill of which an average MD is expected. B. He should use use such skill and knowledge with ordinary care and diligence C. He is obliged to exercise the best judgement D. He has a duty to observe the utmost good faith E. He has a duty that the treatment will benefit and not harm the patient

66 E. The MD-Patient relationship does NOT imply any promise that the treatment will benefit the patient not does not promise that the treatment will not harm the patient i.e. cancer chemotherapy

A statement made by a dying patient to the attending physician in referrence to the persons who inflicted injury on him is known as? A. Privillege communication B. Dying declaratin C. Dying admiration D. Hearsay evidence E. Inadmissible evidence

660 B.

Legal medicine is defined as? A. Knowledge of law in relation to practice of medicine B. Concerned w/ rights, duties and obligations of physician w/ reference to phys-px relation C. Application of medical science to elucidate legal problems D. Branch of medicine which deals with application of medical knowledge to the purpose of law and administration of justice E. None of the Above

661 D. A and B - Medical Jurisprudence, C - Forensic Medicine

Type of medical evidence which is addressed to the senses of the court:? A. Physical evidence B. Corpus adicti evidence C. Documentary evidence D. Autopic evidence E. None of the Above

662 D. Autopic evidence â€" the term refers to material evidence, presented in court.

Most efficient method of evidence preservation? A. Photographs B. Drawing C. Embalming D. Refrigiration E. None of the Above

663 A.

Truth serum is composed of:? A. Amylnitrite B. Na amytal C. Na penthotal D. Hyoscine Hyobromide E. None of the Above

664 D. HHB is a derivative of scopolamine. Because of a number of undesirable side effects, scopolamine was shortly disqualified as a truth drug.

Expressed admission of guilt in a criminal case? A. Expression B. Confession C. Declaration D. Swearing E. None of the Above

665 B. In the law of criminal evidence, a confession is a statement by a suspect in crime which is adverse to that person.

Almond eyes, pale complexion, prominent cheekbones? A. Hippocratic Facies - approaching death B. Leonine Facies - Leprosy, Elephanthiasis C. Mongolian Facies D. Myxedemic Fascies - Hypothyroidism E. None of the Above

666 C. Hippocratic Facies - approaching death Leonine Facies - Leprosy, Elephanthiasis Myxedemic Fascies - Hypothyroidism

Verbal, accurate and picturesque description of the person identified? A. Anthropometry B. Bertillon System C. Drawing D. Portrait Parle E. None of the Above

667 D. Portrait Parle is a French term referring to a picture of a suspect in both front and profile views. Modernization has led this to be our "mug shot" of a suspect.

Art and study of recording fingerprints as a means of identification? A. dactyloscopy B. Locard's Method C. Dactylography D. Poroscopy E. None of the Above

668 C. The scientific study of fingerprints, which is known as dactylography, is used as a technique of crime detection by practically every modern law enforcement agency.

Used to differentiate male from female skeleton except:? A. Pelvis B. Tibia C. Sternum D. Femur E. None of the Above

669 B.

One of the ff is an incidental right of a physician and not an inherent right? A. To choose patients B. Limit one's practice C. Exemption from execution of instruments and library D. Determine the appropriate management E. Avail of hospital services

67 C. SIMILAR TO PREVIOUS BOARD EXAM CONCEPT/PRINCIPLE

Chemical examination used to ID blood of blood stains, except:? A. Benzedine test B. Guiacum Test C. Solubility Test D. Kastle - Meyer Test (aka Pnenolphthalein Test) E. None of the Above

670 C. Solubility test is an example of a physical test, not chemical

Dr. Octavius works in Oscorp Industries as a company doctor. He treats the employyes of the patients exclusively during office hours and does it poorly. What kind of medical fee is he under? A. Simple contractual fee B. Straight fee C. Contingent fee D. Dichotomous fee E. Retainer fee

68 E. Retainer fee is measured by the space of time and not by the quality and quantitiy of medical services rendered.

Doctrine of vicarious liability? A. Responsibility of a person for negligible or wrongful act of another B. Liability of hospital for negligent acts of their ostensible agents C. Liability of a surgeon for wrongful acts of those who are under his control D. The thing speaks of itself E. None of the above

680 A. Liability of hospital for negligent acts of their ostensible agents - ostensible agent doctrine Liability of a surgeon for wrongful acts of those who are under his control - captain of the ship doctrine The thing speaks of itself - res ipsa loquitour

If the parents are type A and type B, which of the following would be the blood group of their children? A. Types O, A and B B. Types A, B, AB and O C. Types A and B D. Types A, B and AB

681 B. Answer: B. Types A, B, AB and O Notes: Genotype --> Phenotype AB -----------> AB AA & AO ----> A BB & BO ----> B OO -----------> O Type AO x BO = will produce Genotypes AB, BO, AO, OO = Phenotypes AB, A, B, O

Dr. Datu performed a surgery on Mr. Kim despite not having the proper training. Negligently, he nicked the colon and cut the ureter while removing the appendix. Mr. Kim asked Dr. Datu for monetary compensation. The nature of liability against Dr. Datu would be: A. Civil B. Administrative C. Criminal D. Ethical

682 A.

You evaluated a 65 yo man with 3-month history of chest pains and fainting spells that you feel would merit cardiac catheterization. After informing him fully of the benefits, consequences, risks, etc., he was able to demonstrate that he understands all of these and 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

683 A.

Which of the following statements is/are true of faith healing in relation to the practice of medicine: A. If a person acted pursuance of his religious belief and the act is in accordance with the tenets of his church, it is deemed to be part of his religious freedom B. The Medical Act of 1959 exempts faith healing from the definition of the acts which constitute practice of medicine C. The faith healer can practice even without a certification of registration from the Board of Medicine D. He can invoke his right to livelihood as the basis for his performing faith healing

684 A.

A 35 yo old lingerie model came to your clinic with chief complaint of foul-smelling vaginal discharge. Examination revealed gram-negative diplococcic. She told you that the treatment should be kept in strict confidentiality. Furthermore, she revealed that she got her illness from a promiscuous lover. She placed rat poison in his lover’s tomato juice before she left to see you. You promised that you will keep it between the two of you. The following morning, you learned that your patient’s lover died of internal hemorrhage which can be attributed to a rat poison. What will you do if summoned to testify on the death of your patient’s lover? A. You will raise the defense of a privileged communication. B. You will raise the right of the patient for privacy. C. You will raise the issue of your right to limit practice, not in a medico-legal practice. D. You will testify.

685 D.

A bullet that has penetrated the skin and hits bony tissue along its course may deflect and change its direction. Such change of trajectory is called: A. Russian roulette B. Ricochet of bullet C. Bullet sporting movement D. Missile disintegrating movement

686 B.

A 34 yo female came to your clinic with chief complaint of severe chest pain. History revealed an abrupt onset after reading a text message from her husband’s former girlfriend. Diagnostics revealed essentially normal findings; however physical examination revealed costochondral tenderness which is converted to a more serious disability or exaggeration of the real complaint. This is known as: A. Fortuitous malingering B. Simulated malingering C. Factitious malingering D. Fictitious malingering

687 D.

In the ordinary method of human identification applicable to the living person, the “facies†is a characteristic not easily changed. Which appearance of the face indicative of approaching death? A. Leonine facies B. Mongolian facies C. Myxedemic facies D. Hippocratic facies

688 D.

Annabelle scratched Nadia in the face in an altercation. Dr. Guttier attended to the injury that resolved in less than 10 days but a resultant keloid scar formed. The legal classification of this injury is: A. Serious physical injuries B. Less serious injuries C. Slight injuries D. Mutilation

689 A.

All of the ff are instances wherein the MD cannot recover the professional fee EXCEPT? A. When the patient died due to an honest mistake by the doctor B. When there is an agreement that the service is gratitious C. Doctors in government charity hospitals, health centers and rural health units D. Those covered in Medicare E. When there is expressed contract to cure and the MD fails to comply with such agreement

69 A.. SIMILAR TO PREVIOUS BOARD EXAM CONCEPT/PRINCIPLE

As a result of the deformity she sustained from facelift operation, Ethel B. sued Dr. Belu for mental anguish, social humiliation and moral shock. What type of damage can Ethel B. recover from this situation? A. Actual damages B. Compensatory damages C. Exemplary damages D. Moral damages

690 D.

The following are acts considered as immoral or dishonourable conduct under the Code of Medical Ethics: A. Fee splitting B. Insanity C. Conviction of crime D. Drug addiction

691 A.

A 50 y.o female had breast surgery for CA of breast with metastasis. She consented in writing to undergo a trial of a new chemotherapeutic modality. The patient continued to deteriorate and sued the physician. The case was absolved under the doctrine of: A. Continuing negligence B. Common knowledge C. Assumption of risk D. Contributory negligence

692 C.

A patient-physician relationship does not contemplate one of the ff. promises or guaranties: A. Treatment will be beneficial B. Treatment will not be injurious to the patient C. Treatment will result in definite outcome D. Treatment will be gratuitous

693 D.

The chemical test to determine if the stain is of blood origin or not. A. Marquis test B. Van Urk test C. Benzidine test D. Zwickers test

694 C.

Considered as a prominent sign of death: A. Progressive fall of body temperature B. Cessation of heart action and circulation C. Cessation of respiration D. Insensibility of body loss of the power to move

695 A.

The right of a citizen of foreign country to be allowed to practice medicine in the Philippines is based on: A. Reciprocity provisions of the medical law of the Philippines B. International law, inasmuch as the Phil. has adopted the generally accepted C. International convention like W.H.O. D. Executive agreement between the heads of state

696 A.

All but one type of injury need not be reported to police authorities under PD 169: A. Serious physical injuries B. Multiple physical injuries C. Slight physical injuries D. Less serious physical injuries

697 C.

Weapons, fingerprints and garments left at the crime scene are examples of what type of evidence? A. Real B. Ordinary C. Corpus delicti D. Associative

698 C.

Dr. Bu Tan Deng, the MHO of a known municipality in the outskirts of Central Visayas, shall perform an autopsy on a dead body when: A. Requested by any relative of the family B. Verbally directed by Chief of Police C. Upon order of the Mayor D. Ordered by the Provincial Medical Health Director

699 C.

Which of the following is not helpful in distinguishing the sex of the skeleton? A. Pelvis B. Sternum C. Skull D. Humerus E. 3rd Proximal Phalanges

7 E. Parts of the skeleton which are useful in determining the sex of the skeleton: Pelvis, sternum, skull, humerus, femur. The pelvis is the most informative. Source: Topnotch handout on legal medicine.

When a blow to the forehead causes contusion of the eyeball due to fracture of the bone at the roof of the orbit, the type injury incurred is: A. Coup B. Contre-coup C. Coup contre-coup D. Locus minoris resistencia

700 D.

The pathologist diagnosed a tissue as being malignant when it was infact benign leading to a accidental mastectomy. The patient filed charges to the pathologist and the hospital as well. Filing of charges agaisnt the hospital is according to what doctrine? A. Borrowed servant doctrine B. Captain of the ship doctrine C. Doctrine of Res Ipsa Loquitur D. Doctrine of Ostensible Agent E. Doctrine of Vicarious liability

71 D. Doctrine of ostensible agent states that pathologists, radiologiss and anesthesiologists are employees and at the same time indepedendent contractors of the hospital.

After incision and drainage in the OPD, the pateint failed to take his antbiotics and developed sepsis. He cannot recover damages from the doctor under what doctrine? A. Doctrine of Contributory negligence B. Doctrine of Continuing negligence C. Doctrine of Assumption of risk D. Doctrine of last clear chance E. Doctrine of foreseeability

72 A.. It is also known as the doctrine of common fault. It is conduct on the part of the plaintiff, contributing as a legal cause of the harm that he has sufferred which falls below the standrard to which he is req'd to conform for his own protection.

Doctor X maliciously harmed the patient with intent because of a personal grudge. Other than the usual damages, he was asked by the court to pay additional damages because of the oppresive nature of the act. What are these damages? A. Actual damages B. Compensatory damages C. Moral damages D. Corrective damages E. Nominal damages

73 A..B.C.D. There should have been the word EXCEPT in the question. Exemplary or corrective damages are monetary compensation over and abive actual or compensatory damages awarded as punishment or deterrent bec of the wanton, reckless, malicious or oprresive nature of the wrong committed.

It is the art of identification by comparison of fingerprints? A. Dactyloscopy B. Dactylography C. Poroscopy D. Graphology E. Gonioscopy

74 A.. SIMILAR TO PREVIOUS BOARD EXAM CONCEPT/PRINCIPLE

All of the ff bones can be used to determine the sex of a human skeleton EXCEPT? A. Pelvis B. Skull C. Femur D. Sternum E. Tibia

75 E. To determine the sex: Pelvis, skull, sternum, femur and humerus; to determine the height: Femur, humerus, tibia and radius

Which of the ff is a microscopic examination to determine rpesence of blood? A. Berberio's test B. Florence test C. Gonzales test D. Guaiacum test E. Teichmann's test

76 E. Guaiacum test is a chemical examinaiton of the blood not a microscopic exam.

It is the complete, persistent and continuous cessation of the vital functions of the brain, heart and lungs which maintain life and health? A. Molecular death B. Cellular death C Brain death D. Somatic death E. Permanent death

77 D. SIMILAR TO PREVIOUS BOARD EXAM CONCEPT/PRINCIPLE

Which of the statements is true regarding post-mortem rigidity? A. It is also known as heat stiffening B. Usually the whole body becomes stiff in 12 hours C. It occurs immediately after death D. Later onset in the aged and the newborn E. Can be used to determine the nature of the crime

78 B. it is alsko known as rigor mortis/cadaveric rigiditiy. It occurs 3-6 hours after death and occurs early in thr aged and newborn. Cadaveric spasm not rigor mortis can be used to determine the nature of the crime.

All of the statements regarding post mortem lividity is correct EXCEPT? A. It is the breaking down of the complex proteins of the body into simpler components B. Blood moves away from the dependent part of the body C. It can appear elevated from the rest of the skin because of blood accumulation D. Color is heterogenous and becomes brownish red at the start of decomposition E. It can indicate the manner of death

79 A..B.C.D. Answer is ABCD. I apologize, the word EXCEPT should have been omitted in the question. Cadaveric lividity or Livor mortis is the manner through which blood accumulates in the msot depended portion fo the body. Color is uniform but isi suualy greensih at the start fo the decomposing process. The color of the body can guide the examiner in the manner of death.

A method of identification which utilizes anthropometrics: A. Rougue’s gallery B. Bertillion system C. Portrait parle D. Photographic profile E. All of the above

8 B. The rogue’s gallery and photographic profile both utilize pictures or sketches for identification. Portrait parle is a verbal, accurate and picturesque description of the person identified. Source: Topnotch handout on legal medicine.

During an altercation, the nagging wife accidentally sprayed sulfuric acid on the jobless husband's face henceforth losing his sight on the left eye. The wife can be charged with what offense? A. Prison mayor B. Prison correctional in its medium and maximum pd C. Prison correctional in its minimum and medium pd D. Arresto mayor E. Destierro

80 B. Prison correctional in its medium and maximum pd- loss of speech or the power to hear, smell, loss of one eye, a hand, foot, an arm or leg.

1. Which of the following organs is NOT included in examination for suspected barbiturate poisoning? a. stomach b. blood c. liver d. kidney e. urine

81 B. Blood levels are utilized for alcohol, pesticide, antibiotic, kerosine, and gasoline. Legal Medicine Solis p. 715

2. In M.J. Cuenco Avenue, a motorcyclist was hit by a 10 wheeler truck. On examination of the driver, he face was noted to be flushed with eyeballs congested. He is observed to be reckless, with difficulty in articulation, talkative and argumentative. Which of the following degrees of alcohol intoxication is present in the driver? a. slight inebriation b. moderate inebriation c. drunk d. very drunk e. coma

82 B. A - no signs of mental impairment or incoordination of movement and difficulty of speech C - confused, irregular behavior and uncontrollable, thick speech and incoordinated D - disoriented, walking impossible, marked motor incoordination Legal Medicine Solis p. 696

3. Which of the following refers to children conceived by prostitutes? a. sacrilegous children b. incestuous children c. manceres d. adulterous children e. natural children

83 C. Legal Medicine Solis p. 598

4. How long shall a woman remarry following the death of her husband or annulment of their marriage if she is currently pregnant? a. 180 days b. 240 days c. 300 days d. 365 days e. none of the above

84 C. Legal Medicine Solis p. 592

5. Mrs. CTM is a prominent Gynecologic Oncologist in Cebu. She was on her way to a hospital to attend a clinico-pathological conference as she is one of the speakers. While driving along Maxilom Avenue, she beat the red light and counter flowed the traffic on the other side. Which of the following is TRUE? a. she has no right to disobey traffic rules b. as a doctor, she is given priority and right of way c. it is an emergency and her drivers license will not be confiscated d. she can beat the red light but not counter flow the traffic on the other side e. none of the above

85 A..

6. Which of the following is an inherent right of the physician? A. Getting paid for medical services B. Perform laparoscopic surgery C. Being elected as president of PMA cebu chapter D. Have clinic hours on TThS at Aventus Clinic E. Beat a red light In traffic when responding to an emergency

86 D. Inherent rights include: choose patients, limit practice, determine appropriate procedure, avail hospital services Basics of Philippine Medical Jurisprudence and Ethics 2010 p.84

17. Which of the following is not an element of informed consent? A. Comprehension B. Voluntariness C. Sufficient information D. Competency E. NOTA

97 E. Basics of Philippine Medical Jurisprudence and Ethics 2010 p.420

7. which of the following occurs among those working in ill - ventilated places with dry and high temperatures or direct exposure to sunlight? a. heat cramps b. heat exhaustion c. heat stroke d. heat collapse e. heat syncope

87C. heat cramps - involuntary spasmodic painful contraction of muscles due to dehydration and excessive loss of chlorides by sweating. also seen in laborers working in rooms with high temperature and with profused perspiration heat exhaustion/ collapse/ syncope - due to heart failure caused by heat and precipitated by muscular exertion and warm clothing Legal Medicine Solis p. 397

8. Which of the following is not construed to be a practice of Medicine? A. Advertising and offering services by means of cards and letterheads B. Masseur applying massage C. Hospital which furnishes accommodations for patients D. Mother who recommends to helper a household remedy E. Rendering emergency medical care

88 A. Basics of Philippine Medical Jurisprudence and Ethics 2010 p.67

9. Which of the following is not true of the physician - patient relationship? A. Patient's part of the agreement is liability for payment Of services B. Based on mutual consent C. Contract deemed not perfected when there is agreement between the offer and the acceptance D. Physician obliged to attend the patient as long as attention is required E. Deaf mutes who cannot write cannot give consent

89 C. Basics of Philippine Medical Jurisprudence and Ethics 2010 p.91

On postmortem examination, cutis galina or washerwoman’s hands were noted on the body. This signifies: A. The cause of death is drowning B. The occupation of the deceased involved water exposure C. The corpse has been submerged in water for a long period of time D. The deceased had a chronic skin disorder prior to death E. The deceased died of anaphylaxis

9 C. Cutis galina â€" submerged in water Cutis galina â€" submerged in water…. Source: Topnotch handout on legal medicine.

10. Which of the following refers to a neighbor uttering maliciously the bad habits of a physician in a fiesta gathering in Bohol? A. Defamation B. Libel C. Slander D. Usurpation E. None of the above

90 C. Basics of Philippine Medical Jurisprudence and Ethics 2010 p.208

11. Which of the following refers to when an obstetrician performs cesarean sections on all of her patients? A. Feasance B. Malfeasance C. Misfeasance D. Nonfeasance E. Disfeasance

91 B. A- doing of an act B- performing an act wholly wrongful C- improper performance of some lawful act D- failure to do something which should have been done Basics of Philippine Medical Jurisprudence and Ethics 2010 p.113

12. Which of the following is the most important element in determining an employee from an independent contractor? A. Selection and engagement of the employee B. Payment of wages C. Power of dismissal D. Control of conduct E. NOTA

92 D. Basics of Philippine Medical Jurisprudence and Ethics 2010 p.138

13. Which of the following refers to damages imposed for pecuniary loss but amount cannot be provided with certainty? A. Exemplary B. Temperate C. Liquidated D. Moral E. Actual

93 B. A-by way of example or correction for the public good C- agreed upon contract D-mental anguish etc E- supported by evidence on record Basics of Philippine Medical Jurisprudence and Ethics 2010 p.160

14. According to the anti-sexual harassment act of 1995, which of the following has the duty to prevent or deter the acts of sexual harassment? A. Employees B. Employers C. Security guards D. Administration E. B and D F. A and C

94 E. Basics of Philippine Medical Jurisprudence and Ethics 2010 p.205

15. Which of the following does not apply to privilege communication? A. Patient's will B. Malpractice cases C. Illegal purpose D. Personal injury suit by patient E. AOTA

95 E. Basics of Philippine Medical Jurisprudence and Ethics 2010 p.233

16. Which of the following is TRUE about right of access to medical record? A. Patient can possess the original copy of the record B. Insurance service providers have access to the records C. The hospital is not the owner of the record but the patient D. Doctor cannot have a photocopy of the record E. NOTA

96 B. Basics of Philippine Medical Jurisprudence and Ethics 2010 p.270

18. Which of the following is Not an element of a felony? A. Must be external acts B. Punishable by civil law c. Performed By means of culpa or fault D. Deceit E. NOTA

98 B. Should be revised penal code Basics of Philippine Medical Jurisprudence and Ethics 2010 p.173

19. Which of the following is not an exempting circumstance from criminal liability? A. 13 years old B. Manic patient killing a doctor during a relapse of his psychosis C. 17 years old female shooting his father dead because of her hatred D. Patient died in the ward due to undiagnosed ruptured aneurysm E. NOTA

99 C. Basics of Philippine Medical Jurisprudence and Ethics 2010 p.178