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RIGHTS OF PHYSICIANS

inherent
incidental
INHERENT RIGHTS:

To
To choose
choose To limit
To limit the
the practice
practice
patients
patients of his
of his profession
profession

To determine
To determine To
To avail
avail of
of hospital
hospital
appropriate
appropriate services
services
management
management
procedures
procedures
a. right to choose patients
Doctors are not obliged to practice the
healing art
- Hurley vs. Eddingfield

CODE OF ETHICS: a physician is


free to choose whom he will serve.
He may refuse medical services
for reasons satisfactory to his
professional conscience

Exception: emergency cases


R.A. 6615

hospitals and clinics are


required to render emergency
assistance and provide facilities
and medicine
B. right to limit the practice of his profession
LIMITATIONS OF MEDICAL PRACTICE

only to his field of in a private clinic or


specialty hospital

within a political or on certain days of the


geographical week and/or certain
boundary hours of the day
MORE LIMITATIONS OF PRACTICE

to a certain class or group on account of ignorance


of people

on account of retirement by the dictates of his


conscience
C. right to determine the appropriate management
procedure

Physician is given the full


authority to determine the
diagnostic and treatment
procedure to be adopted

Subject to patients
enlightened or informed
consent
D. Right to avail of hospital services

A government hospital may not curtail


the rights of a duly licensed physician
to use the facilities of the hospital
subject to rules concerning internal
discipline

A private hospital is given more leeway


in making regulations as to who may
avail of hospital facilities
INCIDENTAL RIGHTS:

Right
Right ofof Way
Way Exemptionfrom
Exemption from
Execution
Execution
while
while responding
responding to
to aa ofinstruments
instruments
of
call
call of
of emergency
emergency andlibrary
and library

Perform certain
Perform certain Hold
Hold Public
Public or
or Private
Private
Services
Services office
office
Right to
Right to Membership
Membership in in
Compensation
Compensation medical
medical societies
societies
A. right of way while responding to a call of emergency

An established social rule


that ambulance and vehicles of
physicians are given preference
in the use of the road
DIRECTIVE OF THE
SECRETARY OF NATIONAL DEFENSE

-- warning
warning to to all
all -- extend
extend assistance
assistance toto
motorists
motorists to
to give
give wayway to
to MDs
MDs
ambulances
ambulances -- All enforcers
All enforcers must
must
know all
know all hospitals
hospitals

-- Severe
Severe penalty
penalty for
for those
those
refusing to
refusing to give
give way
way
B. right of exemption from execution of instruments
and libraries

For both CIVIL and CRIMINAL cases


ATTACHMENT is a process to enable the
plaintiff to acquire a lien upon the property
of the defendant for the satisfaction of
judgment

Properties exempt:
- tools and implements -
professional libraries
- so much of the earnings
c. Right to perform certain services

The law confers upon trained


physicians to perform some services
which cannot be delegated to
paramedics

Some intricate diagnostic or operative


procedures can only be performed by
qualified physicians
D. right to compensation

Arises from the PATIENT-PHYSICIAN


contractual relationship and that
services rendered shall be for a medical
fee
Sometimes, services are motivated by
generosity or liberality
Gratuitous services are in the concept of
DONATION
EXPRESSED or IMPLIED
E. Right to hold certain public or private offices
F. Right to membership in medical societies

PMA
COMPONENT
SOCIETIES
SPECIALTY
SOCIETIES