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INTRODUCTION

MEDICINE

• The science and art of diagnosing, treating,


curing and preventing disease, relieving
pain and improving the health of a person.
LAW

• A rule of conduct, just, obligatory, laid by


legitimate power for common observance
and benefit.
• Includes regulations and circulars which
are issued to implement a law and have
the effect of law.
• Characteristics:
( 1) rule of conduct
(2) dictated by legitimate power
( 3) compulsory & obligatory to all
LEGAL MEDICINE
Medical
Legal Medicine
Jurisprudence
(Medicine)
(Law)

Organization &
Application of basic & regulation of the
clinical medical Medical profession;
knowledge duties imposed by the
State

Contractual obligation
Elucidate legal
between the MD &
matters/problems
patient
Legal Medical
Medicine Jurisprudence

Emanates from acts


Originates from the
of Congress, EOs,
development of
memos, circulars, SC
Medical Science
decisions, customs

Based on the Based on the


principle of principle of
coordination subordination
Scope of Legal Medicine

Basic Internal
Surgery
Sciences Medicine

Obstetrics &
Pathology
Gynecology
SCOPE OF
LEGAL
MEDICINE • Anatomy
• Physiology
• Biochemistry
• Physics
• Genetics
BASIC SCIENCES
SCOPE OF
LEGAL
MEDICINE
• Gunshot Wounds
• Physical Injuries
• Trauma
SURGERY
• Burns
SCOPE OF
LEGAL
MEDICINE • Drug dependence /
addiction
• Asphyxia
• Coma
INTERNAL MEDICINE
• Alcoholism
• Poisoning
• Psychiatric diseases
• Impotency / sterility
SCOPE OF
LEGAL
MEDICINE
• Pregnancy & Birth
• Abortion
• Methods of
OBSTETRICS &
Procreation
GYNECOLOGY
• Virginity & defloration
• Sexual crimes
SCOPE OF
LEGAL
MEDICINE • Death- natural, violent
or disaster
• Blood studies
• Paternity
PATHOLOGY
• DNA, Fingerprinting
• Dental pathology
Medicine

M E D I C O–L E G A L O F F I C E R

Facts Verbal Written


Communication Communication
CONCLUSION

ADMINISTRATION OF JUSTICE
Medico-legal Cases

• Injuries or deaths involving persons who


have no means of being identified
• Persons pronounced as DOA or “dead on
arrival”
• Victims of physical injuries – gunshot,
stabbing, mauling, vehicular accidents,
asphyxia, electrocution, burns, suicide,
poisoning
Medico-legal Cases

• Death under the following circumstances:


1) Within 24 hours of admission when the
clinical cause is unknown
2) Sudden death when the victim was in
apparent good health
3) Due to natural causes but associated
with evidence of foul play
4) Due to violence, accident, suicide,
poisoning or negligent act of another
person
Medico-legal Cases

5) Child abuse, domestic violence, rape,


alcoholism, and drug addiction
6) Mental competency of the patient
7) Iatrogenic causes due to the negligent
acts or omissions of the hospital staff
resulting in physical or mental
incapacitation or death of the patient
Ordinary Physician Medical Jurist

• Treatment • Cause
INJURY OR

DISEASE
• Report to the court
or investigative
• Diagnosis body
PURPOSE
Medico-legal Officers

• Health Officers – municipality, city,


province
• Medical Officers of Law Enforcement
Agencies- NBI, NAPOLCOM
• Medical Staff of Accredited Hospitals-
CCMC, VSMMC
• Any physician appointed by the Court (Sec.
2, Art. III, Code of Medical Ethics)
PD 856 – Code of Sanitation
Persons Authorized to Perform
Autopsies

• Health Officers
• Medical Officers of Law Enforcement
Agencies
• Members of the Medical staff of Accredited
Hospitals
Medicine is applicable
• Civil Law
• Criminal Law
• Remedial Law
• Special Laws- Dangerous Drugs Act, Child
and Youth Welfare Code, Code of
Sanitation, etc.
CIVIL LAW

• Determination and Termination of Civil


Personality (Art. 40 & 41)
• The Limitation or Restriction of a Natural
Person’s Capacity to Act (Art. 23 & 39)
• Marriage & Legal Separation (CC & Family
Code)
• Paternity & Filiation
• Testamentary Capacity of a Person
Making a Will
CRIMINAL LAW

• Circumstances Affecting Criminal Liability


• Crimes Against Persons
• Crimes Against Chastity
REMEDIAL LAW

• Physical & Mental Examination of a


Person
• Proceedings for Hospitalization of an
Insane Person
• Rules on Evidences
SPECIAL LAWS

• Dangerous Drugs Act


• Youth & Child Welfare Code
• Insurance Law
• Code of Sanitation

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