A.

LEGAL MEDICINE, FORENSIC MEDICINE, MEDICAL JURISPRUDENCE

B. RULES OF COURT, RULE 138, SECTION 5: ATTORNEYS AND ADMISSION TO THE
BAR
C. CONSTITUTION, ARTICLE 12, SECTION 14: NATIONAL ECONOMY AND PATRIMONY
D. RA NO. 2382, THE MEDICAL ACT OF 1959, AS AMENDED
E. ILLEGAL OR UNAUTHORIZED PRACTICE OF MEDICINE V. MEDICAL MALPRACTICE

A. LEGAL MEDICINE, FORENSIC MEDICINE, MEDICAL JURISPRUDENCE

Legal medicine: The branch of medicine that deals with the application of medical knowledge
to legal problems and legal proceedings. Legal medicine is also called forensic medicine.

A physician may be engaged in legal (or forensic) medicine while a lawyer with identical
interests is said to be in medical jurisprudence. It just depends upon the direction you are
coming from.

Forensic medicine: The branch of medicine dealing with the application of medical knowledge
to establish facts in civil or criminal legal cases, such as an investigation into the cause and
time of a suspicious death. Also known as forensic pathology.

Medical jurisprudence may be involved in cases concerning genetic relationships (eg, paternity
testing) or injury or death resulting from violence. An autopsymay be done to help determine
the agent of death (eg, a gun shot, poison) and how long the person has been dead.. Forensic
medicine is also important in cases involving rape. Modern techniques use such specimens as
semen, blood, and hair to identify the body of a victim and to compare the DNA of the criminal
to that of the defendant through DNA fingerprinting.

B. RULES OF COURT, RULE 138, SECTION 5: ATTORNEYS AND ADMISSION TO THE BAR

SECTION 5. ADDITIONAL REQUIREMENTS FOR OTHER APPLICANTS. - All applicants for

admission other than those referred to in the two preceding sections shall, before being
admitted tot he examination, satisfactorily show that they have regularly studied law for four
years, and successfully completed all prescribed courses, in a law school or university, officially
approved and recognized by the Secretary of Education. The affidavit of the candidate,
accompanied by a certificate from the university or school fo law, shall be filed as evidence of
such facts, and further evidence may be required by the court.

No applicant shall be admitted to the bar examinations unless he has satisfactorily

completed the following courses in law school or university duly recognized by the
government: civil law, commercial law, remedial law, criminal law, public and private
international law, political law, labor and social legislation, medical jurisprudence, taxation and
legal ethics.

C. CONSTITUTION, ARTICLE 12, SECTION 14: NATIONAL ECONOMY AND PATRIMONY


SECTION 14. The sustained development of a reservoir of national talents consisting of Filipino
scientists, entrepreneurs, professionals, managers, high-level technical manpower and skilled
workers and craftsmen in all fields shall be promoted by the State. The State shall encourage
appropriate technology and regulate its transfer for the national benefit.

 The practice of all professions in the Philippines shall be limited to Filipino citizens, save
in cases prescribed by law.

D. RA NO. 2382, THE MEDICAL ACT OF 1959, AS AMENDED


REPUBLIC ACT No. 2382 Association of Colleges and Universities, as
members.
THE MEDICAL ACT OF 1959
The officials acting as chairman and members of
ARTICLE I
 the Board of Medical Education shall hold office
Objectives and Implementation during their incumbency in their respective
positions.
Section 1. Objectives. This Act provides for and
shall govern (a) the standardization and Section 4. Compensation and traveling
regulation of medical education; (b) the expenses. The chairman and members of the
examination for registration of physicians; and (c) Board of Medical Education shall not be entitled
the supervision, control and regulation of the to any compensation except for traveling
practice of medicine in the Philippines. expenses in connection with their official duties as
herein provided.
Section 2. Enforcement. For the purpose of
implementing the provisions of this Act, there are For administrative purposes, the Board shall hold
created the following agencies: the Board of office in the office of its chairman, who may
Medical Education under the Department of designate a ranking official in the Department of
Education, and the Board of Medical Examiners Education to serve as secretary of the Board.
under the Commissioner of Civil Service.
Section 5. Functions. The functions of the Board
ARTICLE II
 of Medical Education shall be:
The Board of Medical Education Its Functions
(a) To determine and prescribe minimum
Section 3. Composition of Board of Medical requirements for admission into a recognized
Education. The Board of Medical Education shall college of medicine;
be composed of the Secretary of Education or his
duly authorized representative, as chairman, and (b) To determine and prescribe requirements for
the Secretary of Health or his duly authorized minimum physical facilities of colleges of
representative, the Director of the Bureau of medicine, to wit: buildings, including hospitals,
Private Schools or his duly authorized equipment and supplies, apparatus, instruments,
representative, the chairman of the Board of appliances, laboratories, bed capacity for
Medical Examiners or his duly authorized instruction purposes, operating and delivery
representative, a representative of private rooms, facilities for out-patient services, and
practitioners, upon recommendation of an others, used for didactic and practical instructions
acknowledged medical association and a in accordance with modern trends;
representative chosen by the Philippine
(c) To determine and prescribe the minimum Twelve units of Spanish shall be required
number and the minimum qualifications of pursuant to Republic Act Numbered Seven
teaching personnel, including student-teacher hundred nine; but commencing with the academic
ratio and curriculum; year nineteen hundred sixty to nineteen hundred
sixty-one, twenty-four units of Spanish shall be
(d) To determine and prescribe the number of required pursuant to Republic Act Numbered
students who should be allowed to take up the Eighteen hundred and eighty-one as cultural,
preparatory course taking into account the social and nationalistic studies.
capacity of the different recognized colleges of
medicine. Provided, That the following students may be
permitted to complete the aforesaid preparatory
(e) To select, determine and approve hospitals or medical course in shorter periods as follows:
some departments of the hospitals for training
which comply with the minimum specific physical (a) Students whose general average is below
facilities as provided in subparagraph (b) hereof: eighty-five per cent but without any grade of
and failure or condition may be allowed to pursue and
finish the course in three academic years and the
(f) To promulgate and prescribe and enforce intervening summer sessions; and
necessary rules and regulations for the proper
implementation of the foregoing functions. (b) Students whose general average is eighty-five
per cent or over may be permitted to finish the
Section 6. Minimum required courses. Students course in three academic years by allowing them
seeking admission to the medical course must to take each semester the overload permitted to
have a bachelor of science or bachelor of arts bright students under existing regulations of the
degree or their equivalent and must have taken in Bureau of Private Schools.
four years the following subjects with their
corresponding number of units: Provided, That upon failure to maintain the
general average of eighty-five per cent, students
Unit under (b) shall automatically revert to the
category of students under (a) and those under
English 12
(a), upon having any grade of failure or condition,
Latin 3
shall automatically revert to the category of
Mathematics, including Accounting and Statistics 9 students required to pursue the preparatory
Philosophy, including Psychology and Logic 12 course in four years mentioned above.

Zoology and Botany 15

The medical course shall be at least five years,
Physics 8 including not less than eleven rotating internship
Chemistry 21 in an approved hospital, and shall consist of the
following subjects:
Library Science 1

Humanities and Social Sciences 12

Anatomy, Physiology, Biochemistry and Nutrition, 2. Calendar for the academic year
Pharmacology, Microbiology, Parasitology,
3. Faculty roll indicating whether on full time part
Medicine and Therapeutics, Genycology, time basis
O p t h a l m o l o g y, O t o l o g y, R h i n o l o g y a n d
Laryngology, Pediatrics, Obstetrics, Surgery, 4. Requirements of admission
Preventive Medicine and Public Health, Legal
5. Grading system
Medicine, including Medical Jurisprudence and
Ethics. 6. Requirements for promotion

7. Requirements for graduation

Section 7. Admission requirements. The medical
college may admit any student to its first year 8. Medical hours per academic year by
class who has not been convicted by any court of departments
competent jurisdiction of any offense involving
9. Schedule hours per academic year by
moral turpitude, and who presents (a) a certificate departments
showing completion of a standard high school
10. Number of students enrolled in each class.
course, (b) a record showing completion of a
standard preparatory medical course as herein ARTICLE III

provided, (c) a certificate of registration as THE BOARD OF MEDICAL EXAMINERS;
medical student, (d) a certificate of good moral REGISTRATION OF PHYSICIANS
character issued by two former professors in the
pre-medicine course, and (e) birth certificate and Section 8. Prerequisite to the practice of
marriage certificate, if any. Nothing in this Act medicine. No person shall engage in the practice
shall be construed to inhibit any college of of medicine in the Philippines unless he is at least
medicine from establishing, in addition to the twenty-one years of age, has satisfactorily passed
preceding, other entrance requirements that may the corresponding Board Examination, and is a
be deemed admissible. holder of a valid Certificate of Registration duly
issued to him by the Board of Medical Examiners.
For the purposes of this Act, the term "College of
Medicine" shall mean to include faculty of Section 9. Candidates for board
medicine, institute of medicine, school of examination. Candidates for Board examinations
medicine or other similar institution offering a shall have the following qualifications:
complete medical course leading to the degree of
Doctor of Medicine or its equivalent. (1) He shall be a citizen of the Philippines or a
citizen of any foreign country who has submitted
Every college of medicine must keep a complete competent and conclusive documentary evidence,
record of enrollment, grades and turnover, and confirmed by the Department of Foreign Affairs,
must publish each year a catalogue giving the showing that his country's existing laws permit
following information: citizens of the Philippines to practice medicine
under the same rules and regulations governing
1. Date of publication citizens thereof;
(2) He shall be of good moral character, showing under the direct supervision and control of a
for this purpose certificate of civil status; registered physician; (b) any legally registered
dentist engaged exclusively in the practice of
(3) He shall be of sound mind; dentistry; (c) any duly registered masseur or
physiotherapist, provided that he applies
(4) He shall not have been convicted by a court of massage or other physical means upon written
competent jurisdiction of any offense involving order or prescription of a duly registered
moral turpitude; and physician, or provided that such application of
massage or physical means shall be limited to
(5) He shall be a holder of the degree of Doctor of
physical or muscular development; (d) any duly
Medicine or its equivalent, conferred by a college
registered optometrist who mechanically fits or
of medicine duly recognized by the Department of
sells lenses, artificial eyes, limbs or other similar
Education.
appliances or who is engaged in the mechanical
examination of eyes for the purpose of
Section 10. Acts constituting practice of
constructing or adjusting eye glasses, spectacles
medicine. A person shall be considered as
and lenses; (e) any person who renders any
engaged in the practice of medicine (a) who shall,
service gratuitously in cases of emergency, or in
for compensation, fee, salary or reward in any
places where the services of a duly registered
form, paid to him directly or through another, or
physician, nurse or midwife are not available; (f)
even without the same, physical examine any
any person who administers or recommends any
person, and diagnose, treat, operate or prescribe
household remedy as per classification of existing
any remedy for any human disease, injury,
Pharmacy Laws; and (g) any psychologist or
deformity, physical, mental or physical condition
mental hygienist in the performance of his duties,
or any ailment, real or imaginary, regardless of the
provided such performance is done in conjunction
nature of the remedy or treatment administered,
with a duly registered physician.
prescribed or recommended; or (b) who shall, by
means of signs, cards, advertisements, written or
Section 12. Limited practice without any
printed matter, or through the radio, television or
certificate of registration. Certificates of
any other means of communication, either offer or
registration shall not be required of the following
undertake by any means or method to diagnose,
persons:
treat, operate or prescribe any remedy for any
human disease, injury, deformity, physical, mental (a) Physicians and surgeons from other countries
or physical condition; or (c) who shall use the title called in consultation only and exclusively in
M.D. after his name. specific and definite cases, or those attached to
international bodies or organization assigned to
Section 11. Exemptions. The preceding section
perform certain definite work in the Philippines
shall not be construed to affect (a) any medical
provided they shall limit their practice to the
student duly enrolled in an approved medical
specific work assigned to them and provided
college or school under training, serving without
further they shall secure a previous authorization
any professional fee in any government or private
from the Board of Medical Examiners.
hospital, provided that he renders such service
(b) Commissioned medical officers of the United No examiner shall handle the examinations in
States armed forces stationed in the Philippines more than four subjects or groups of subjects as
while rendering service as such only for the hereinafter provided. The distribution of subject to
members of the said armed forces and within the each member shall be agreed upon at a meeting
limit of their own respective territorial jurisdiction. called by the chairman for the purpose. The
examination papers shall be under the custody of
(c) Foreign physicians employed as exchange the Commissioner of Civil Service or his duly
professors in special branches of medicine or authorized representative, and shall be distributed
surgery whose service may in the discretion of the to each member of the Board who shall correct,
Board of Medical Education, be necessary. grade, and sign, and submit them to the said
Commissioner within one hundred twenty days
(d) Medical students who have completed the first from the date of the termination of the
four years of medical course, graduates of examinations.
medicine and registered nurses who may be
given limited and special authorization by the A final meeting of the Board for the deliberation
Secretary of Health to render medical services and approval of the grades shall be called by the
during epidemics or national emergencies Commissioner of Civil Service immediately after
whenever the services of duly registered receipt of the records from the members of the
physicians are not available. Such authorization Board of Medical Examiners. The secretary of the
shall automatically cease when the epidemic or Board shall submit to the President of the
national emergency is declared terminated by the Philippines for approval the names of the
Secretary of Health. successful candidates as having been duly
qualified for licensure in alphabetical order,
Section 13. The Board of Medical Examiners, its without stating the ratings obtained by each.
composition and duties. The Board of Medical
Examiners shall be composed of six members to Section 14. Qualifications of examiners. No
be appointed by the President of the Philippines person shall be appointed a member of the Board
from a confidential list of not more than twelve of Medical Examiners unless he or she (1) is a
names approved and submitted by the executive natural-born citizen of the Philippines, (2) is a duly
council of the Philippine Medical Association, after registered physician in the Philippines, (3) has
due consultation with other medical associations, been in the practice of medicine for at least ten
during the months of April and October of each years, (4) is of good moral character and of
year. The chairman of the Board shall be elected recognized standing in the medical profession, (5)
from among themselves by the member at a is not a member of the faculty of any medical
meeting called for the purpose. The President of school and has no pecuniary interest, directly or
the Philippines shall fill any vacancy that may indirectly, in any college of medicine or in any
occur during any examination from the list of institution where any branch of medicine is taught,
names submitted by the Philippine Medical at the time of his appointment: Provided, That of
Association in accordance with the provisions of the six members to be appointed, not more than
this Act. two shall be graduates of the same institution and
not more than three shall be government institutions of learning. He shall keep an up-to-
physicians. date registration book of all duly registered
physicians in the Philippines. He shall furnish
Section 15. Tenure of office and compensation of copies of all examination questions and ratings in
members. The members of the Board of Medical each subject of the respective candidates in the
Examiners shall hold office for one physicians examination, one month after the
year: Provided, That any member may be release of the list of successful examinees, to the
reappointed for not more than one year. Each deans of the different colleges of medicine
member shall receive as compensation ten pesos exclusively for the information and guidance of
for each candidate examined for registration as the faculties thereof. This report shall be
physician, and five pesos for each candidate considered as restricted information. Any school
examined in the preliminary or final physician which violates this rule shall be deprived of such
examination. privilege. The secretary of the Board shall likewise
keep a record of all registered medical students.
The President of the Philippines, upon the He shall keep all the records and proceedings,
recommendation of the Commissioner of Civil and issue and receive all papers in connection
Service , after due investigation, may remove any with any and all complaints presented to the
member of the Board of Medical Examiners for Board.
neglect of duty, incompetency, or unprofessional
or dishonorable conduct. Section 17. Rules and regulations. The Board of
Medical Examiners, with the approval of the
Section 16. Executive Officer and Secretary of Commissioner of Civil Service, shall promulgate
the Board. The Secretary of the Boards of such rules and regulations as may be necessary
Examiners appointed in accordance with section for the proper conduct of the examinations,
ten of Act Numbered Four thousand seven, as correction of examination papers, and registration
amended, shall also be the secretary of the Board of physicians. The Commissioner shall supervise
of Medical Examiners, who shall keep all the each Board examination and enforce the said
records, including examination papers, and the rules and regulations. These rules and regulations
minutes of the deliberations of the Board. He shall shall take effect fifteen days after the date of their
also keep a register of all persons to whom publication in the Official Gazette and shall not be
certificates of registration has been granted; set changed within sixty days immediately before any
forth the name, sec, age, and place of birth of examination. Such rules and regulations shall be
each, place of business, post office address, the printed and distributed for the information and
name of the medical college or university from guidance of all concerned.
which he graduated or in which he had studied,
together with time spent in the study of the Section 18. Dates of examinations. The Board of
profession elsewhere, the name of the country Medical Examiners shall give examinations for the
where the institution is located which had granted registration of physicians, one in May and one in
to him the degree or certificate of attendance November every year, in the City of Manila or any
upon clinic and all lectures in medicine and of its suburbs after giving not less than ten days'
surgery, and all other degrees granted to him from
notice to each candidate who had filed his name and Therapeutics, (6) Pathology, (7) Medicine, (8)
and address with the secretary of the Board. Obstetrics and Gynecology, (9) Pediatrics and
Nutrition, (10) Surgery and Opthalmology,
Section 19. Fees. The secretary of the Board, Otolaryngology and Rhinology, (11) Preventive
under the supervision of the Commissioner of Medicine and Public Health, and (12) Legal
Civil Service, shall collect from each candidate Medicine, Ethics and Medical
the following fees: Jurisprudence: Provided, however, That the
examination questions in each subject or group of
For registration as medical student P 5.00 subject shall at least be ten in number: Provided,
further, That the examination questions in
For complete physician examination 75.00
Medicine shall include at least three from the
For preliminary or final examination 40.00
following branches: Infectious diseases,
For registration as physician 20.00 Neurology, Dermatology, Allergy, Endocrinology
and Cardio-Vascular diseases: Provided, finally,
All fees paid as provided herein shall accrue to That the examination questions in Surgery shall
the funds of the Board of Medical Examiners and include at least four questions from the following:
be expended for the payment of the Opthalmology, Otology, Rhinology, Laryngology,
compensation of the members thereof. No fees Orthopedic Surgery and Anesthesiology.
other than those provided herein shall be paid to
the Board. The questions shall be the same for all applicants.
All answers must be written either in English or
Section 20. Issuance of Certificate of Spanish. No name of the examinee shall appear
Registration, grounds for refusal of same. The in the examination paper but the examiners shall
Commissioner of Civil Service and the secretary devise a system whereby each applicant can be
of the Board of Medical Examiners shall sign identified by number only.
jointly and issue certificates of registration to
those who have satisfactorily complied with the In order that a candidate may be deemed to have
requirements of the Board. They shall not issue a passed his examination successfully he must
certificate of registration to any candidate who have obtained a general average of seventy-five
has been convicted by a court of competent per cent without a grade lower than sixty-five per
jurisdiction of any criminal offense involving moral cent in Medicine, Pediatrics and Nutrition,
turpitude, or has been found guilty of immoral or Obstetrics and Gynecology, and Preventive
dishonorable conduct after he due investigation Medicine and Public Health, and no grade lower
by the Board of Medical Examiners, or has been than fifty per cent in the rest of the subjects.
declared to be of unsound mind.
The preliminary examinations shall comprise of
Section 21. Scope of examination. The the following subjects:
examination for the registration of physicians shall
consist of the following subjects: (1) Anatomy and (1) Gross Anatomy and Histology
Histology, (2) Physiology, (3) Biochemistry, (4)
Microbiology and Parasitology, (5) Pharcology (2) Physiology
(3) Biochemistry investigation within five days after the receipt of
such copy by the respondent. The investigation
(4) Microbiology and Parasitology shall be completed as soon as practicable.

Section 22. Administrative investigations. In Section 24. Grounds for reprimand, suspension
addition to the functions provided for in the or revocation of registration certificate. Any of the
preceding sections, the Board of Medical following shall be sufficient ground for
Examiners shall perform the following duties: (1) reprimanding a physician, or for suspending or
to administer oath to physicians who qualified in revoking a certificate of registration as physician:
the examination; (2) to study the conditions
affecting the practice of medicine in all parts of the (1) Conviction by a court of competent jurisdiction
Philippines; (3) to exercise the powers conferred of any criminal offense involving moral turpitude;
upon it by this article with the view of maintaining
the ethical and professional standards of the (2) Immoral or dishonorable conduct;
medical profession; (4) to subpoena or subpoena
duces tecum witnesses for all purposes required (3) Insanity;

in the discharge of its duties; and (5) to

(4) Fraud in the acquisition of the certificate of
promulgate, with the approval of the
registration;
Commissioner of Civil Service, such rules and
regulations as it may deem necessary for the
(5) Gross negligence, ignorance or incompetence
performance of its duties in harmony with the
in the practice of his or her profession resulting in
provisions of this Act and necessary for the proper
an injury to or death of the patient;
practice of medicine in the Philippines.

(6) Addiction to alcoholic beverages or to any

Administrative investigations may be conducted
habit forming drug rendering him or her
by not less than four members of the Board of
incompetent to practice his or her profession, or
Medical Examiners; otherwise the proceedings
to any form of gambling;
shall be considered void. The existing rules of
evidence shall be observed during all
(7) False or extravagant or unethical
administrative investigations. The Board may
advertisements wherein other things than his
disapprove applications for examination or
name, profession, limitation of practice, clinic
registration, reprimand erring physicians, or
hours, office and home address, are mentioned.
suspend or revoke registration certificates, if the
respondents are found guilty after due (8) Performance of or aiding in any criminal
investigations. abortion;

Section 23. Procedure and rules. Within five days (9) Knowingly issuing any false medical
after the filling of written charges under oath, the certificate;
respondent physician shall be furnished a copy
thereof, without requiring him or her to answer the (10) Issuing any statement or spreading any news
same, and the Board shall conduct the or rumor which is derogatory to the character and
reputation of another physician without justifiable resides and has not committed any illegal,
motive; immoral or dishonorable act.

(11) Aiding or acting as a dummy of an unqualified ARTICLE IV


or unregistered person to practice medicine; PENAL AND OTHER PROVISIONS

(12) Violation of any provision of the Code of Section 28. Penalties. Any person found guilty of
Ethics as approved by the Philippine Medical "illegal practice of medicine" shall be punished by
Association. a fine of not less than one thousand pesos nor
more than ten thousand pesos with subsidiary
Refusal of a physician to attend a patient in imprisonment in case of insolvency, or by
danger of death is not a sufficient ground for imprisonment of not less than one year nor more
revocation or suspension of his registration than five years, or by both such fine and
certificate if there is a risk to the physician's life. imprisonment, in the discretion of the court.

Section 25. Rights of respondents. The Section 29. Injunctions. The Board of Medical
respondent physician shall be entitled to be Examiners may file an action to enjoin any person
represented by counsel or be heard by himself or illegally practicing medicine from the performance
herself, to have a speedy and public hearing, to of any act constituting practice of medicine if the
confront and to cross-examine witnesses against case so warrants until the necessary certificate
him or her, and to all other rights guaranteed by therefore is secured. Any such person who, after
the Constitution and provided for in the Rules of having been so enjoined, continues in the illegal
Court. practice of medicine shall be punished for
contempt of court. The said injunction shall not
Section 26. Appeal from judgment. The decision relieve the person practicing medicine without
of the Board of Medical Examiners shall certificate of registration from criminal prosecution
automatically become final thirty days after the and punishment as provided in the preceding
date of its promulgation unless the respondent, section.
during the same period, has appealed to the
Commissioner of Civil Service and later to the Section 30. Appropriation. To carry out the
Office of the President of the Philippines. If the provisions of this Act, there is hereby
final decision is not satisfactory, the respondent appropriated, out of any funds in the National
may ask for a review of the case, or may file in Treasury not otherwise appropriated, the sum of
court a petition for certiorari. twenty thousand pesos.

Section 27. Reinstatement. After two years, the Section 31. Repealing clause. All Acts, executive
Board may order the reinstatement of any orders, administrative orders, rules and
physicians whose certificate of registration has regulations, or parts thereof inconsistent with the
been revoked, if the respondent has acted in an provisions of this Act are repealed or modified
exemplary manner in the community wherein he accordingly.
Section 32. Effectivity. This Act shall take effect the academic year nineteen hundred sixty to
upon its approval: Provided, That if it is approved nineteen hundred sixty-one, and the first
during the time when examinations for physicians paragraph of section seven shall take effect four
are held, it shall take effect immediately after the years thereafter.
said examinations: Provided, further, That section
six of this Act shall take effect at the beginning of Approved: June 20, 1959


E. ILLEGAL OR UNAUTHORIZED PRACTICE OF MEDICINE V. MEDICAL MALPRACTICE

The unauthorized practice of medicine occurs when someone gives medical advice or
treatment without a professional license. The prohibition against the unauthorized practice of
medicine is a precaution against people who would try to treat others without the proper
training, or by using unproven methods which could harm or even kill their supposed patients.
As a result, all states make the unauthorized practice of medicine a criminal offense with
potentially serious penalties. However, the practice of medicine itself is a slippery term which
can be difficult to define.

What is the practice of medicine?

Since states are responsible for providing medical licenses, each state has a slightly different
legal definition for the practice of medicine. In general, a person practices medicine when he or
she tries to diagnose or cure an illness or injury, prescribes drugs, performs surgery, or claims
he or she is a doctor.

Sometimes, activities that might be considered the unauthorized practice of medicine are legal
even when performed by people without a medical license. For example, schools may
administer prescription drugs to students who need them because a doctor has already
prescribed the drugs, and it is generally considered safer than leaving the drugs in the
students' hands.

On Medical Advice

The practice of medicine becomes trickier to define when you look at medical advice. There are
a few guidelines, however, that can help define when "medical advice" is "the practice of
medicine." In general, advice as the practice of medicine has several of the following qualities:

First, advice might be considered "the practice of medicine" when the person giving it claims
he or she is a doctor. This is because the title of "doctor" indicates that the person giving
advice has gone through the rigorous process of medical school and succeeded in obtaining a
medical license. So your friends cannot be considered to be practicing medicine when they tell
you to take more vitamin C, since they never claim to be doctors.

Second, advice may be the practice of medicine when the advice is specific to a particular
person's illness or injury. Magazines and websites that offer general tips for getting over the
common cold, therefore, are not engaging in the practice of medicine.

Medical malpractice occurs when a hospital, doctor or other health care professional, through
a negligent act or omission, causes an injury to a patient. The negligence might be the result of
errors in diagnosis, treatment, aftercare or health management.

To be considered medical malpractice under the law, the claim must have the following
characteristics:

A violation of the standard of care - The law acknowledges that there are certain medical
standards that are recognized by the profession as being acceptable medical treatment by
reasonably prudent health care professionals under like or similar circumstances. This is
known as the standard of care. A patient has the right to expect that health care
 professionals will deliver care that is consistent with these standards. If it is determined that
the standard of care has not been met, then negligence may be established.

An injury was caused by the negligence - For a medical malpractice claim to be valid, it is
not sufficient that a health care professional simply violated the standard of care. The
patient must also prove he or she sustained an injury that would not have occurred in the
absence of negligence. An unfavorable outcome by itself is not malpractice. The patient
must prove that the negligence caused the injury. If there is an injury without negligence or
negligence that did not cause an injury, there is no case.

The injury resulted in significant damages - Medical malpractice lawsuits are extremely
expensive to litigate, frequently requiring testimony of numerous medical experts and
countless hours of deposition testimony. For a case to be viable, the patient must show
that significant damages resulted from an injury received due to the medical negligence. If
the damages are small, the cost of pursuing the case might be greater than the eventual
recovery. To pursue a medical malpractice claim, the patient must show that the injury
resulted in disability, loss of income, unusual pain, suffering and hardship, or significant
past and future medical bills.

Examples of Medical Malpractice

Medical malpractice can take many forms. Here are some examples of medical negligence that
might lead to a lawsuit:

Failure to diagnose or misdiagnosis

Misreading or ignoring laboratory results

Unnecessary surgery

Surgical errors or wrong site surgery

Improper medication or dosage

Poor follow-up or aftercare

Premature discharge

Disregarding or not taking appropriate patient history

Failure to order proper testing

Failure to recognize symptoms

Methods of Preserving Evidence