Lecture 1 - Health System in The Philippines

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LEGAL MEDICINE

Gonzalo B. Roman Jr.MD.,FPSP

Wesleyan University Foundation


John Wesley School of Law
Gonzalo B. Roman Jr.,MD.,FPSP, MBAH
• Medical Degree, University of Santo Tomas, 1980
• Residency Training in Anatomic and Clinical Pathology – Rizal
Medical Center, 1986
• Masters Degree, Business Administration in Health, Ateneo Graduate
School of Business, 2014
• Fellow, Philippine Society of Pathologists
• Former Chairman, Board of Pathology
• Former Board of Governors, Philippine Society of Pathologist
• Former President, Philippine Society of Pathologist
• Associate Professor Of Pathology – Angeles University Foundation
Gonzalo B. Roman, Jr.,MD, FPSP
Legal Medicine vs. Medical
Jurisprudence
• LEGAL MEDICINE – branch of medicine which deals with the
application of medical knowledge for the purpose of law or simply put,
medicine applied to legal cases.
• MEDICAL JURISPRUDENCE – branch of law which deals with the
organization and regulation of the medical profession, with the
contractual obligations existing between the practitioner and his
patient, and the duties imposed on the practitioner by the state.

- Maligaya, Renato, MD, LLB


The Philippine Health System
Health System in the Philippines
• Department of Health
• Different types of hospitals
• Doctors
• Nurses
• Other paramedical personnel
• Financial matters
• Patients
Different types of Hospitals
• PRIMARY HOSPITALS
• SECONDARY HOSPITALS
• TERTIARY HOSPITALS
• MATERNITY AND LYING-IN CLINICS
• SPECIALTY HOSPITALS
• Philippine Heart Center
• National Kidney and Transplant Institute
• Research Institute for Tropical Medicine
• Philippine Lung Center
• Orthopedic Hospital
• National Center for Mental Health
Different types of Medical Doctors
• Student Doctors – Medical Clerks, Post Graduate Interns
• General Practitioners
• Resident Physicians
• Consultants/Specialists
Health Financing
• Four main sources of financing
• National and local government
• Insurance (government and private)
• User fees/out of pocket
• donors
If confined where does the money come
from?
Sources Confined in Private Confined in Public
Hospital (%) Hospital (%)
Salary/Income 48 51
Loan 17 23
Savings 37 32
Donation 17 23
PhilHealth 51 24
SSS/GSIS 4 2
HMO 6 1
Others 0.82 0.32

Source: National and Demographic Health Survey, 2008


Health Care Delivery System
• Devolved to the Local Government System (LGUs) in 1991.
• Health facilities
• Government hospitals
• Private hospitals
• Primary health care facilities
• Birthing clinics

• 721 of all hospitals (40%) are government owned.


• 70% are managed by the DOH
• 30% are managed by the LGU

Source: DOH, 2009


Number of Hospital beds
• WHO recommendation is 2 hospital bed per 1000 population

Region Number of beds Rate per 1000


population
Ilocos Region 4163 0.84
Central Luzon 8218 0.84
ARMM 586 0.17
NCR 27779 2.47
PHILIPPINES 94199 1.04
Human Resources
• Main drivers of health care system
• Huge reservoir of human reservoirs in the Philippines but unevenly
spread. Most are concentrated in urban areas such as Metromanila and
other cities.
Utilization of Health Facilities
• Consultations:
• 50% sought consultation in public facilities
• 42% went to private facilities
• 7% sought alternative or traditional health care

• Child delivery
• 36% still delivered by “hilots”
Department of Health
• Licensing and
Regulatory powers.
• All public and private
hospitals including
Rural Health Units
Physician
How to become a doctor
• Elementary
• High school
• Four years of Bachelor of Science degree
• Four years of Medical education
• One year of Post Graduate Internship
• Board Examination
• Residency to any specialty
Different specialties
• Internal Medicine
• Surgery
• Obstetric Gynecology
• Pediatrics
• Anesthesia
• Psychiatry
• Pathology
• Radiology (Diagnostic Imaging)
Prerequisite to the practice of medicine
• 21 years of age
• Passed the Medical Board Examination
• Holder of valid certificate of registration.
- Section 8, Medical Act of 1959 as Amended (R.A. 2382)
Candidates for Board Examination
• Citizen of the Philippines or of the country which permits the Filipinos
to practice under the same rules and regulations governing citizens
thereof evidence by competent and conclusive documents confirmed by
the Department of Foreign Affairs.
• Good moral character.
• Sound mind.
• Not have been convicted of any offense involving moral turpitude.
• Holder of degree of M.D. or equivalent from duly recognized college
of medicine.
- Section 9, Medical Act of 1959 as Amended (R.A. 2382)
Acts constituting practice of medicine
• A person shall be considered as engaged in the practice of medicine
(a) who shall, for compensation, fee, salary or reward in any form, paid to him
directly or through another, or even without the same, physical examine
any person, and diagnose, treat, operate or prescribe any remedy for any
human disease, injury, deformity, physical, mental or physical condition or
any ailment, real or imaginary, regardless of the nature of the remedy or
treatment administered, prescribed or recommended; or
(b) who shall, by means of signs, cards, advertisements, written or printed
matter, or through the radio, television or any other means of
communication, either offer or undertake by any means or method to
diagnose, treat, operate or prescribe any remedy for any human disease,
injury, deformity, physical, mental or physical condition; or
(c) who shall use the title M.D. after his name.

- Section 10, Medical Act of 1959 as Amended (R.A. 2382)


Exemptions
• The preceding section shall not be construed to affect
(a) any medical student duly enrolled in an approved medical college or
school under training, serving without any professional fee in any
government or private hospital, provided that he renders such service
under the direct supervision and control of a registered physician;
(b) any legally registered dentist engaged exclusively in the practice of
dentistry;
(c) any duly registered masseur or physiotherapist, provided that he
applies massage or other physical means upon written order or
prescription of a duly registered physician, or provided that such
application of massage or physical means shall be limited to physical or
muscular development;
Exemptions
(d) any duly registered optometrist who mechanically fits or sells
lenses, artificial eyes, limbs or other similar appliances or who is engaged in
the mechanical examination of eyes for the purpose of constructing or
adjusting eye glasses, spectacles and lenses;
(e) any person who renders any service gratuitously in cases of
emergency, or in places where the services of a duly registered physician,
nurse or midwife are not available;
(f) any person who administers or recommends any household
remedy as per classification of existing Pharmacy Laws; and
(g) any psychologist or mental hygienist in the performance of his
duties, provided such performance is done in conjunction with a duly
registered physician.
Nature of Physician-Patient
Professional Relationship
• CONSENSUAL
• Mutual consent of both parties
• When patient seeks consultation with a physician, it is an expressed
consent to the professional relationship
• When doctor attend to the patient, it is also an expressed consent to the
professional relationship

• FIDUCIARY
• One founded in trust, faith and confidence
Duties and obligations of the
physician toward his patients:
• He must possess that knowledge and skill possessed by an average
physician.
• He must use such knowledge and skill with ordinary care and due
diligence, like a good father of the family.
• He is obliged to exercise his best judgment in good faith.
• He has the duty to keep the secrets and confidentialities of his patients.
Rights of patients

• Right to appropriate medical care and humane treatment.


• Right to informed consent.
• Right to refuse treatment.
• Right to privacy and confidentiality
• Right to information
• Right to choose Health Care Provider and Facility
• Right to a second or third opinion.
• Right to Self-determination
Rights of patients

• Right to religious belief.


• Right to medical records.
• Right to leave.
• Right to refuse participation in Medical Research
• Right to correspondence and to receive visitors.
• Right to express grievances
• Right to be informed of His rights and Obligations as a patient.
Obligations of patients to their
physicians
• To provide accurate and complete information.
• To know and understand the terms and conditions that are not included
in the physician-patient relationship contract.
• To understand the purpose and cost of treatment.
• To settle their financial obligations.
• To accept the consequences of his own Informed consent.
• The obligation to himself and others
• To exhaust grievance mechanism
• To report unexpected health changes.
Rights of Physicians

• Right to choose patients


• Right to limit his medical practice
• Right to avail of hospital services
• Right to determine the appropriate management procedure
• Right to receive just and fair compensation from his patients
• Right of way in a call for emergency
• Right to hold certain public or private offices
Rights of Physicians

• Right to perform certain services


• Right of membership in medical societies
Liabilities of Physicians
• Administrative liability
• Criminal liability
• Civil liability
PARAMEDICAL PERSONNEL
• NURSES
• MEDICAL TECHNOLOGIST
• X-RAY TECHNICIANS
• PHYSICAL THERAPISTS
• PHARMACISTS
• DIETICIANS
• HOSPITAL AIDES/ORDERLIES
NEXT WEEK
• BASIC MEDICAL TERMINOLOGIES
• ANATOMY, PHYSIOLOGY, BIOCHEMISTRY AND OTHER
MEDICAL SCIENCES FOR LAWYERS
• THE HOSPITAL
• THE HOSPITAL CHART

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