Medical Negligence and Malpractice

7/30/2019 Medical Negligence and Malpractice

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Medical Negligence &Malpractice


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- often confused for medicalmalpractice

- the act or omission in treatment of a

patient by a medical professional,

which deviates from the acceptedmedical standard of care.

- does not imply or necessarily result

in injury

Medical Negligence


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Medical Malpractice- a form of negligence whereby a doctor's

negligent treatment causes undue injury tothe patient

- elements:

1. A duty of care was owed by the

physician;

2. The physician violated the applicablestandard of care;

3. The person suffered a compensable

injury; and

4. The injury was caused in fact andproximately caused by the substandard

conduct.

- The burden of proving these elements is

on the plaintiff in a malpractice lawsuit.


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History of Medical

Malpractice Law in

the Philippines


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Medical Malpractice Act of 2002

- House Bill No. 4955 is the first legislative

bill addressing medical malpractice- introduced by Rep. Oscar S. Rodriguezof Pampanga and Rep. Ted Failon ofTacloban

- objective of the bill is to strengthen theright of a patient to quality medical care

and to provide penalties for healthpractitioners for gross negligence.

- defines "malpractice" as any personalinjury, including death, caused by thenegligent or wrongful act or omission ofany medical practitioner

- Penalties: prision mayor or fine rangingfrom P500,000 to P1,000,000, or both,plus cancellation of the license topractice medicine.


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The Health Care Liability

Law of 2002

- House Bill 5293 sought to ensure thesafety and well-being of patients bycreating an environment whereinincompetent and negligent medical

practitioners shall not gounpunished.

- medical practitioners demonstratedtheir opposition through a dialoguewhere the former overwhelmed thecongressman with questions on whatthey coin as an anti-doctors bill.

- dropped the bill.


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Various Senate Bills

SBN 3 An Act Declaring the Rights andObligations of Patients and Establishing aGrievance Mechanism for Violations Thereofand for Other Purposes (Sen. Flavier)

SBN 121 An Act to Reduce Medical Mistakes

and Medication-Related Errors (Sen.EjercitoEstrada)

SBN 588 An Act Declaring the Rights of Patientsand Prescribing Penalties for ViolationsThereof(Sen. Villar, Jr.)

SBN 1720 An Act to Protect Patients againstMedical Malpractice, Punishing the Malpracticeof Any Medical Practitioner and Requiring Themto Secure Malpractice Insurance and for OtherPurposes(Sen. Osmea)


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PertinentJudicial

Doctrines


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Captain of the Ship

- holds the surgeon in charge of anoperation liable for the negligence ofhis assistants during the time whenthose assistants are under thesurgeons control (Cantre vs. Sps. Go,

G.R. 160889)

- the operating surgeon is the person incomplete charge of the surgery roomand all personnel connected with the

operation. Their duty is to obey hisorders. (Ampil vs. Agana,G.R. No. 127590)


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Borrowed Servant Rule

- provides that once a surgeon entersthe operating room and takes charge ofthe proceedings, the acts or omissionof operating room personnel, and anynegligence associated with such acts

or omissions, are imputable to thesurgeon (Nogales vs. Capitol MedicalCenter, G.R. No. 142625)


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Vicarious Liability:

Respondeat Superior

- literally let the superior make answer"

- holds a superior officer jointly andseverally accountable for damages,

including moral and exemplary, with hissubordinates who committed suchtransgressions (Aberca vs. Ver, G.R.No. L-69866).


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Vicarious Liability:

Ostensible Agency

- a.k.a.doctrine of apparent authority.

- a hospital can be held vicariously liable

for the negligent acts of a physician

providing care at the hospital, regardlessof whether the physician is an independent

contractor, unless the patient knows, or

should have known, that the physician is

an independent contractor.

-occurs when a hospital holds out itself as

a provider of emergency room care without

informing the patient that the care is

provided by independent contractors.


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Res Ipsa Loquitur

- literally the thing or transaction speaks for itself- requisites:

The accident was of such character as to

warrant an inference that it would not have

happened except for the defendants

negligence;

The accident must have been caused by an

agency or an instrumentality within the exclusive

management nor control of the person charged

with the negligence complained of;

The accident must not have been due to any

voluntary action or contribution on the part of the

person injured (Windvalley Shipping Co., Ltd.

vs. Court of Appeals, 342 SCRA 214).


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Remedies:

Civil, Criminal

and Administrative


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Civil action

- Art. 2176. Whoever by act or omission causesdamage to another, there being fault or negligence,is obliged to pay for the damage done. Such faultor negligence, if there is no pre-existing contractualrelation between the parties, is called a quasi-delictand is governed by the provisions of this Chapter.(Civil Code)

- Jurisdiction: MTC / RTC, depending on amount ofdamages being claimed


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Criminal action

- Art. 365. Imprudence and negligence. Anyperson who, by reckless imprudence, shallcommit any act which, had it been intentional,would constitute a grave felony, shall sufferthe penalty of arresto mayor in its maximumperiod to prision correccional in its mediumperiod; if it would have constituted a lessgrave felony, the penalty of arresto mayor inits minimum and medium periods shall beimposed; if it would have constituted a lightfelony, the penalty of arresto menor in itsmaximum period shall be imposed. (Revised

Penal Code)

- Jurisdiction: MTC/RTC, depending on thegravity of the felony committed


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Administrative actionPRC

Functions of the Professional Regulatory Board:

Investigate violations of set professional standards andadjudicate administrative and other cases against erringregistrants

Suspend, revoke, or reissue Certificate of Registration forcauses provided by law

Formal complaints should be submitted in person at the PRCoffice. Formal complaints undergo four stages:

Docketing and Calendar - this starts from the date of filing ofthe complaint to when the notice of pre-trial is sent to theparties.

Pre-trial and Depositions covers the pre-trial, depositions, andother practices designed to dispense with, or limit time for thereception of evidence

Reception of Evidence evidence for both the complainant andfor the respondent are presented as well as the rebuttalevidence.

Decision-making discussions and vote on the case and thepreparation and signing of the decision.


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Administrative actionAdministrative Code of Philippine Medical Association

Termination

4.1. Membership in the Association may be terminated for anyof the following causes:

4.1.1. Non-payment of dues for three (3) consecutive years,and failure to pay such dues within sixty (60) days of receipt ofnotice;

4.1.2. Any act inimical to the profession as provided for in theCode of Medical Ethics, and/or any act inimical to theAssociation;

4.1.3. Revocation of member's license to practice medicine bythe Professional Regulations Commission, Board of Medicine;and

4.1.4. Voluntary resignation from the Association.

Administrative Code of Philippine Nursing Association

Section 5. Termination of Membership Membership to theAssociation maybe terminated on the following:

non-payment of annual dues; and

violation of the Philippine Nurses Association By-laws

violation of the Nursing Law

Documents

Medical Negligence and Malpractice