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MEDICAL JURISPRUDENCE: LIABILITIES OF PHYSICIANS

Atty. Alejandro F. Daguplo, RMT, MD

10.
IGNORANTIA LEGIS NEMINEM EXCUSAT

Ignorance of the law does not excuse anyone.


*based on Article 3 of the Civil Code
11
1907-

Factors Increasing Frequency of Complaints against Physicians

1. Gradual disappearance of family physicians


2. The doctors loose talk
3. Breakdown in rapport and communication
4. Disservices made by mass communication media
5. Malpractice is a sort of disease of society which may appear in endemic
form.

6. Incompetence and commercialization of medical practice


7. Proliferation of medicinal drugs
8. Changing attitude of the physician in the management of his patient.
Definition of Terms

Plaintiff civil cases

Complainant administrative cases

People of the Philippines criminal cases


vs.

Defendant - civil cases

Respondent - administrative cases

Accused - criminal cases

Commission PRC
Court MTC or RTC
PMA Philippine Medical Association

LIABILITIES OF PHYSICIANS

1. Administrative revocation of license


2. Criminal imprisonment
3. Civil monetary compensation
Sources of Liabilities of M.D.:

1. Ethics of the Medical Profession in the Philippines


2. Medical Act of 1959 as amended
3. Civil Code
4. Revised Penal Code
5. Special laws

If you have to kill a person, it cost nothing to be polite


A. ADMINISTRATIVE LIABILITY
The primary objective of the practice of medicine is service to mankind
irrespective of race, age, disease, disability, gender, sexual orientation,
social standing, creed or political affiliation. In medical practice, reward
or financial gain should be a subordinate consideration.

Characteristics:

1. Filed with the PRC (PMA for ethical misconduct)


2. In writing and under oath
3. Must set forth distinctly, clearly and concisely the charge
4. In six copies
5. Proof needed is convincing evidence
6. Penalty imposable is reprimand or suspension or revocation of license
7. Rights of the accused
8. 30 days reglamentary period.
9. Decision appealable to the PRC, then to the Office of the President

Transcribed by: KC

Reinstatement of license after 2 years

*Perjury can be filed against you if you are proven to have lied under oath
I. How commenced
Complaint must be complete and notarized
II. Who can file

Any person

Firm or corporation, thru its duly authorized


representative

The Board itself


III. Where to file

Professional Regulations Commission


IV. Jurisdiction over the respondent, how acquired
Summons
Summons, form:

Letter - subpoena requiring appearance of the respondent at a


designated time and place or letter requiring him to answer within the
period therein specified, and a copy of the complaint and its enclosures
*Once a summon has been sent to you, it means that you are already under
the jurisdiction of the PRC.
*For high profile cases, the Supreme Court gives the finality of a verdict even
if verdict was given under a lower court.
Summons, how served:

1. Personal service
2. Registered mail
3. Ordinary mail
4. Publication
Rights of the Respondent

1. Under the Medical Act:


a. to be represented by counsel or be heard in person
b. to have a speedy and public hearing
c. to confront and to x-examine witnesses against him
2. Under the PRC Rules and Regulation:
a. to be represented by counsel or be heard in person
b. to have a speedy and public trial
c. to confront and to cross-examine witnesses against him
d. the parties may appear personally or with aid of counsel
3. Under the Rules of Court

Rule 115 of Revised Rules of Criminal Procedure (took

effect on December 1, 2000)


Sec. 1. Rights of the accused at the trial - In all criminal
prosecutions, the accused shall be entitled to the following
rights:
a. Presumption of innocence
b. Right to be informed
c. To be present and defend in person and by counsel
d. To be a witness in his own behalf
e. Against Self incrimination you cannot be compelled to
testify against yourself
(Nemo tenetur seipsum accusare Villaflor
v. Summers 41 Phil.68)
*Nemo tenetur seipsum accusare - no one is bound to incriminate or accuse
himself
Accusare nemo se debet, nisi coram deo - no one ought to accuse himself
except in the Presence of God
f. Confrontation cross examination
g. Compulsory process to secure attendance and production
of evidence secured by the subpoena
h. Speedy, impartial and public trial
i. To appeal

*If there has been a subpoena sent but you did not make an appearance on
court, you will be held in contempt.

4. Under the Constitution

Article III. Bill of Rights


Grounds under Article V Sec. 24 Medical act of 1959 as amended:

Grounds for reprimand, suspension or revocation of registration


certificate which may be classified as follows:

1.
2.
3.

Personal disqualification
Criminal acts
Unprofessional conduct
Grounds under the Rules and Regulation for Administrative Investigation

1. Immoral and dishonorable conduct;


2. Insanity;
3. Conviction of a criminal offense involving moral turpitude;
4. Unprofessional or unethical conduct;
5. Gross negligence of incompetence in the practice of the profession; and
6. The use or perpetration of fraud or deceit in the acquisition of
registration certificate.
*Offenses involving moral turpitude usually involve intentional acts

1. Personal disqualification
1.1.
Immoral or dishonorable conduct

Contrary to existing norms or conduct

is disgraceful,
unbecoming, unethical, or repulsive to the moral standards in a
society.

"Immoral conduct has been defined as 'that which is


willful, flagrant, or shameless, and which shows a moral
indifference to the opinion of the good and respectable
members of the community' (7 C.J.S. 959).

it was highly immoral of respondent, a married man with children, to have


taken advantage of his position as chairman of the college of medicine in
asking complainant, a student in said college, to go with him to Manila where
he had carnal knowledge of her under the threat that she would flunk in all
her subjects in case she refused.
WHEREFORE, respondent Jose B. Aznar is hereby DISBARRED and his name is
ordered stricken off from the Roll of Attorneys.
([A.C. No. 1334. November 28, 1989.] ROSARIO DELOS REYES, complainant,
vs. ATTY. JOSE B. AZNAR, respondent.)

1.2

Insanity impairment of the mind as prevents a person from


distinguishing right and wrong

1.3

Gross negligence, ignorance or incompetence in the practice of


his profession resulting in an injury to or death of the patient

1.4

Addiction to alcoholic beverages or to any habit-forming drug


rendering him incompetent to practice his profession, or to any
form of gambling

2. Criminal acts
2.1. Conviction by a court of competent jurisdiction of any criminal

act of baseness, vileness or depravity in private and social duties


w/c a man owes to his fellowmen or to society in general

Some of the particular crimes which have been held to involve moral
turpitude are:
adultery
concubinage
rape
arson
evasion of income tax
forgery
bigamy
blackmail
criminal conspiracy to smuggle opium
bribery
dueling
extortion
embezzlement
perjury
libel
seduction under promise of
making fraudulent proof of loss on
marriage
insurance contract
estafa
murder
falsification of public
mutilation of public records
document
fabrication of evidence
estafa thru falsification of
offenses against pension laws
public document

3. Unprofessional conduct
3.1. False extravagant or unethical

advertisements wherein other


things than his name, profession, limitation of practice,clinic
hours, office and home address, are mentioned.

3.2. Issuing

any statement or spreading news or rumor w/c is


derogatory to the character and reputation of another
physician w/o justifiable motive.

3.3. Violation of any provision of the Code of Ethics as approved by


the PMA.

PROCEDURE AND ORDER OF HEARINGS IN THE BOARD

1. Filing of complaint
2. Board investigates if probable cause exist
3. Summons served to respondent requiring

him to answer or appear

before the board

4. Respondent files answer or appear before the board


5. Pre-trial conference
6. Trial proper
7. Judgment
8. MR
9. Appeal
Judicial Revocation of the Certificate

1. P.D. No. 169 failure to report Serious and less serious PI


2. Violation of The Comprehensive Dangerous Drugs Act of

2002 (R.A.
9165) - (Dangerous Drug Act of 1972 as amended [R.A. 6425])
*Judicial revocation means that the court, instead of the PRC will be the one
to revoke your license.
B. Criminal Liability of Physicians
NULLUM CRIMEN, NULLA POENA SINE LEGE Theres no crime if theres no
law punishing an act
Characteristic of Criminal case:

offense involving moral turpitude

1. In the name of the People of the Philippines


2. Filed and tried in court
3. Instituted by filing a complaint or information with the fiscals office
4. Filed by the offended party, any peace officer or other public officer

person to practice medicine

5. Right to bail if there is probable cause


6. Proof beyond reasonable doubt
7. Penalty imposable is imprisonment and/or fine
8. Revocation of license if the law provides or if the crime involved moral

2.2. Fraud in the acquisition of the certificate of registration


2.3. Performance of or aiding in any criminal abortion
2.4. Knowingly issuing a false medical certificate
2.5. Aiding or acting as a dummy of an unqualified or unregistered
'Moral turpitude has been defined as including any act done contrary to
justice, honesty, modesty or good morals.
([A.M. No. (2170-MC) P-1356. November 21, 1979.]
HON. REMIGIO E. ZARI, complainant, vs. DIOSDADO S. FLORES, respondent.)
Transcribed by: KC

charged with the enforcement of the law violated

turpitude

How commenced:
Complaint or information defined:
Complaint is a sworn statement charging a person with an offense,
subscribed by the offended party, any peace officer or other public
officer charged with the enforcement of the law violated.
Information is an accusation in writing charging a person with an
offense subscribed by the fiscal and filed with the court.

1.
2.
1.
2.

Art. 175, Revised Penal Code Using false certificate (arresto


menor)

Art. 259, Revised Penal Code. Abortion practiced by a physician or


midwife and dispensing of abortives relates that abortion should be
intentional
Elements:

1. That

there is a pregnant woman who has suffered an


abortion

2. That the abortion is intended


3. That the Physician causes or assists in causing the abortion
4. That the M.D. takes advantage of his scientific knowledge or

Who can file:


Offended party
Any peace officer or other public officer charged with the
enforcement of the law violated.
Where to File:
Fiscals office in cases falling under the RTC
Cases falling under the MTC, directly with the court but in
chartered cities, with the fiscals office
Venue:

Filed in the court where the crime took place


Jurisdiction over the accused, how acquired:

1. Arraignment
2. Arrest
Rights of the Accused:

1. Rules of Court
2. Under the Philippine Constitution
Grounds:

1. Revised Penal Code


2. Special laws
Provisions where M.D. are specifically mentioned:

1. Issuance of False medical Certificates (Art. 174, RPC)


2. Abortion (Art. 259, RPC)
3. Simulation of Births, substitution of one child

for another, and


concealment or abandonment of a legitimate child (Art. 347, RPC)

4. Failure to report treatment of physical injuries (P.D. 169)


5. Refusal to render treatment in emergency cases (R.A. 6615)
6. Reporting cases of Maltreated or Abused children (P.D.603)
Liabilities incidental to the practice of medicine:

1. Criminal negligence and imprudence (Art. 365, RPC)


2. Violation of The Comprehensive Dangerous Drugs

Act of 2002 (R.A.


9165) Dangerous Drug Act of 1972 as amended (R.A. 6425)

3. Violation of Pharmacy Law (R.A. 5921 as amended)


4. Liability in the issuance of Birth and death certificates
5. Defamation (Art. 353 & 359, RPC)
6. Violation of Generic Act of 1988
Guys, the following section has the word elements included in the bullets.
When you say elements, it means that each of the features indicated must
be present.

Art. 174, Revised Penal Code relates to moral turpitude


Par.1 Any physician or surgeon who, in connection with
the practice of his profession shall issue a false certificate.

Certificate, defined
Any writing by which testimony is given that a fact has or has
not taken place.

Penalty:
Arresto mayor, maximum to prision correctional, minimum
(4mos and 1 day to 2 years and four mos)

Transcribed by: KC

skill.
Penalty
Penalties provided for intentional abortion shall be imposed
in the maximum period
(Reclusion temporal, prision mayor, prision correccional)
*reclusion temporal
maximum period - 17 years, 4 months and 1 day to 20 years
medium period - 14 years, 8 months and 1 day to 17 years and 4
months
minimum period - 12 years and one day to 14 years and 8 months
*prision mayor
maximum period (10 years and one day to 12 years)
medium period (8 years and one day to 10 years)
minimum period (6 years and one day to 8 years)
*prision correccional

maximum period (4 years, 2 months and one day to 6 years)

medium period (1 year and 1 day to 1 year and 8 months)

minimum period (4 months and 1 day to 2 years and 4 months)

Art. 347, Revised Penal Code

Acts Punished under Art. 347.


1. Simulation of birth orchestrating

a delivery in order to
conceal that a woman has conceived a child even if she didnt

2. Substitution of one child for another example of this is that

when the name of adopter is indicated in the birth certificate


instead of the biological parents

3. Concealing

or abandoning any legitimate child with intent to


cause such child to lose its civil status

Liability of M.D.
Cooperates in the execution of any of the above crime in
violation of the duties of his profession.

Penalty: prision mayor, and a fine not exceeding


1,000pesos and temporary special disqualification.

P.D. 169. Failure to report Treatments of Physical Injury to


Philippine Constabulary (violation is determined by the military
tribunal)

Elements:

1. M.D.

treated any person for serious or less serious Physical

Injury

2. Did not report such fact personally or by the fastest means of


communication to the nearest PC unit without delay

3. The

failure to report was with malicious intent or gross


negligence

Penalty:
Imprisonment of not less than 1 year nor more than three
years and/or a fine of not less than 1,000 nor more than 3,000
pesos and cancellation of license after the sentence imposed by
the military tribunal has become final and executory.
*PD 169 was promulgated by Ferdinand Marcos thats why there was the
term Philippine Constabulary and military tribunal in the title.
Serious Physical Injury, How committed:

Wounding, beating, assaulting


substance

or

administering

injurious

What is Serious Physical Injury?

1. Injured

person become insane, imbecile, impotent or blind in


consequence of the P.I.

2. When injured person:


a. loses the use of speech or the power to hear or to smell or loses
an eye, a foot, an arm, or a leg; or

b. loses the use of any such member; or


c. becomes incapacitated for the work in w/c he was

lack of skill
failure in precaution
avoided by taking the
necessary
precaution
once
foreseen

d. becomes deformed; or
e. loses any other member of his body; or
f. loses the use thereof; or
g. becomes ill or incapacitated for the performance of the work he
was habitually engaged for more than 90 days, in consequence of
the physical injury

1. The offender does of fails to do an act


2. That the doing of or failure to do the act is voluntary
3. That it is done without malice
4. That material damage or injury resulted from it
5. Inexcusable lack of precaution on the part of the offender, taking into
consideration

a. his employment or occupation;


b. degree of intelligence, physical condition; and
c. other circumstances regarding persons, time and place

3. When the injured person becomes ill or incapacitated for labor for more
than 30 days (but must not be more than 90 days) as a result of the
physical injury inflicted.

What are Less Serious Physical Injury

Offended party is incapacitated for labor for more than 10 days


(but not more than 30 days), or needs medical attendance for the same
period of time.

That the P.I. must not be those described in the preceding articles.

R.A. 6615. Refusal to Extend Medical Assistance in Emergency


Cases

Elements:

1. A patient was brought to the hospital or clinic duly licensed to


operate;

2. The patient is in danger of dying and/or who may have suffered


serious physical injury

3. The hosp. Director, administrator, OIC or M.D. in the hospital,

medical center or clinic, refused or fail without good cause to


render the appropriate assistance after said case was brought
to his attention
Penalty:
Imprisonment of 1 month and 1 day to one year, and a fine
of 300 to 1,000 pesos

P.D. 603. Reporting cases of maltreated or abused child:

Elements:

1. There was a maltreated or abused child, or exploitation of any


employed child contrary to the provisions of the labor code;

2. The child was treated in a hospitals, clinics, or other institutions


as well as private physicians

3. The

hospital, clinics or other institution or physician failed,


within 48 hours, from knowledge of the case, to report in
writing to the city or provincial fiscal or to the Local Council for
the Protection of Children or to the nearest unit of the of the
DSWD.

4. In

cases of sexual abuse, the records shall be strictly


confidential.

Penalty:
For # 1-3 Fine of not more than 2,000 pesos.
For #4, fine of not less than 2,000 pesos or by imprisonment of
not more than 1 year or both
Criminal liabilities incidental to the Practice of Profession

1. Art. 365. Imprudence and Negligence

Title 14 of Revised

Penal Code. Quasi Offenses,


Criminal Negligence
*Reckless imprudence not done on purpose with no intention to hurt.

Imprudence
deficiency of action

Transcribed by: KC

lack of foresight
failure in advertence
paying proper attention
and using due diligence in
foreseeing them

Elements of Reckless Imprudence:


theretofore

habitually engaged, in consequence of the P.I. inflicted

Negligence
deficiency in perception

Simple imprudence consists in the lack of precaution displayed in


those cases in which the damage impending to be caused is not
immediate nor the danger clearly manifest.

As early as in People v. Vistan, the Court defined simple negligence,


penalized under what is now Article 365 of the Revised Penal Code, as "a
mere lack of prevision in a situation where either the threatened harm is not
immediate or the danger not openly visible." Put in a slightly different way,
the gravamen of the offense of simple negligence is the failure to exercise
the diligence necessitated or called for by the situation which was not
immediately life-destructive but which culminated, in the present case, in
the death of a human being three (3) days later
(LEANDRO CARILLO, petitioner, vs. PEOPLE OF THE PHILIPPINES, respondent.
[G.R. No. 86890.January 21, 1994.])
Test for negligence:

Would a prudent man, in the position of the person to whom


negligence is attributed, foresee harm to the person injured as a
reasonable consequence of the course about to be pursued?

2. Violation of R.A. No. 9165 (Dangerous Drugs Act of 2002)

Provisions incidental to the practice of medicine:

Section 18. Unnecessary Prescription of Dangerous

Drugs. The penalty of imprisonment ranging from twelve (12)


years and one (1) day to twenty (20) years and a fine ranging
from One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00) and the additional
penalty of the revocation of his/her license to practice shall be
imposed upon the practitioner, who shall prescribe any
dangerous drug to any person whose physical or physiological
condition does not require the use or in the dosage prescribed
therein, as determined by the Board in consultation with
recognized competent experts who are authorized
representatives of professional organizations of practitioners,
particularly those who are involved in the care of persons with
severe pain.

Section 19. Unlawful Prescription of Dangerous


Drugs. The penalty of life imprisonment to death and a fine
ranging from Five hundred thousand pesos (P500,000.00) to
Ten million pesos (P10,000,000.00) shall be imposed upon any
person, who, unless authorized by law, shall make or issue a
prescription or any other writing purporting to be a
prescription for any dangerous drug.

*In prescribing opioids, it is essential that you get an S2 number and a yellow
prescription from the Dangerous Drugs Board.

3. R.A. 5921.(as amended) Prohibition of sale of sample

Acts punishable:

Selling of sample (Sec. 26)

Penalty:

d. for the fourth and subsequent conviction, the penalty of fine

one thousand four thousand pesos or


6 mos and 1 day four years or both (Sec. 2 E.O. 174)

not less than ten thousand pesos (P10,000.00) and suspension


of his license to practice his profession for one year or longer at
the discretion of the court.

4. R.A.

3753. Criminal liabilities in the issuance of Birth and Death


Certificate

Acts punishable relating to Birth Certificate:

1. Any person who shall knowingly make false statement in the


Certificate of live birth and shall present the same for entry in
the Civil Registrar.

2. Any person whose duty is to report any fact concerning the civil

status of persons and who knowingly fails to perform such duty.

Penalty:

For #1, 1 mo.- 6mos. Or fine 100 to 500 pesos or both.

For #2, fine of 10 200 pesos.

Acts punishable relating to Death Certificate:


1. Any person who shall knowingly make false statement in the
form furnished for Death certificate and shall present the same
for entry in the Civil Registrar.

2. Burial without the proper Death Certificate

Penalty:

For #1, 1 mo. - 6mos. Or fine 100 to 500 pesos or both.

For #2, fine of 10 200 pesos.


5. Defamation

Procedure in Criminal Suit

1. Filing of complaint or information


2. Preliminary investigation
3. Arraignment
4. Pre-trial
5. Trial
6. Judgment
7. MR
8. Appeal
C. CIVIL LIABILITIES OF PHYSICIANS

if a person acts with abuse, his right to act ceases, and his act
becomes illicit, giving rise to liability

Every person must, in the exercise of his rights and in the


performance of his duties, act with justice, give everyone his due, and
observe honesty and good faith.

1. There must be an imputation of a crime, or a vice or defect, real

or imaginary, or any act, omission, condition, status, or


circumstance;

2. That the imputation must be made publicly;


3. That it must be malicious;
4. That the imputation must be directed at a natural or juridical
person, or one who is dead; and

5. The imputation must tend to cause the dishonor, discredit, or


contempt of the person defamed.
*The cuss word putang ina mo is not considered as defamatory.
*Homines qui gestant, qui qui auscultant crimina, si me arbitration liceat,
omnis pendeat, gestores linguis, auditores - Your tittle-tattlers, and those
who listen to slander, by my good will should all be hanged--the former by
their tongues, the latter by the ears

6. Violation of REPUBLIC ACT NO. 6675 (AN ACT TO PROMOTE, REQUIRE


AND ENSURE THE PRODUCTION OF AN ADEQUATE SUPPLY,
DISTRIBUTION, USE AND ACCEPTANCE OF DRUGS AND MEDICINES
IDENTIFIED BY THEIR GENERIC NAMES)

Act punishable:

Not using Generic name or terminology in prescribing


drug.

Sec. 12. Penalty. - A) Any Person who shall violate


Section 6(a) or 6(b) of this Act shall suffer the penalty graduated
hereunder, viz:

a. for the first conviction, he shall suffer the penalty of reprimand

which shall be officially recorded in the appropriate books of


the Professional Regulation Commission.

b. for the second conviction, the penalty of fine in the amount of

not less than two thousand pesos (P2,000.00) but not


exceeding five thousand pesos (P5,000.00) at the discretion of
the court.

c. for the third conviction, the penalty of fine in the amount of

not less than five thousand pesos (P5,000.00) but not


exceeding ten thousand pesos (P10,000.00) and suspension of
his license to practice his profession, for thirty (30) days at the
discretion of the court.

Transcribed by: KC

How commenced.
Complaint
Who can file.

Plaintiff claimant, natural or juridical person


Where to file.

RTC or MTC depending on the nature or amount


Venue.

Resident of the plaintiff or defendant


Jurisdiction over plaintiff, how acquired.

Summons
Evidence needed.

Preponderance of evidence

Homines qui gestant, qui qui auscultant crimina, si me


arbitration liceat, omnis pendeat, gestores linguis, auditores

Elements:

Obligation under Art. 1156 of Civil Code. An obligation is a


juridical necessity to give, to do or not to do.

By Arias Ramos.

An obligation is a juridical relation whereby a person


may demand from another the observance of a determinate
conduct, and in case of breach, may obtain satisfaction from the
assets of the latter.
Obligation Arises from:

1. Law;
2. Contracts;
3. Quasi-contracts;
4. Acts or omissions punished by law; and
5. Quasi-delicts
1. Breach of Contract

Contract defined.

A contract is a meeting

of the minds between 2


persons whereby one binds himself, with respect to the other,
to give something or to render some service. (Art. 1305)

Freedom to Contract.

The contracting parties may establish such stipulations,


clauses, terms and conditions as they may deem convenient,
provided they are not contrary to law, morals, good customs,
public order, or public policy. (Art. 1306)

Art. 1159. Obligations arising from contracts have the


force of law between the contracting parties and should be
complied with in good faith.

treatment is beyond his capacity he should summon another


doctor who has the necessary ability.

A doctor shall preserve absolute secrecy on all he


knows about his patient because of the confidence entrusted in
him.

A doctor must give emergency care as a humanitarian


duty unless he is assured that others are willing and able to give
such care.

2. Tort (Quasi delict or Breach of legal duty, culpa aquilana)

Art. 2176. Whoever by act or omission causes damage


to another, there being fault or negligence, is obliged to pay for
the damage done. Such fault or negligence, if there is no preexisting contractual relation between the parties, is called a quasidelict.

Art. 20. Every person, who, contrary to law, willfully or


negligently causes damage to another, shall indemnify the latter
for the same

Basis of the liability.

EQUITY

2.2

Art. 1 Sec. 3 In his relation to his patients, he shall


serve their interest with the greatest solitude, giving them always
his best talent and skill.

2.3

Art. II
Sec. 1. Attend to his patients faithfully and
conscientiously. Secure for them all possible benefits that may
depend upon his professional skill and care.

Sec. 2 Respond to any request for his assistance in an


emergency.

Sec. 3. Administer at least first aid treatment in


emergency cases

Sec. 4. Assistance of his colleagues in consultation

Sec. 5. Complete disclosure

Sec. 6. Privileged communication

Sec. 7. Exhorbitant or excessive fees

G.R. No. 118141 September 5, 1997


LEONILA GARCIA-RUEDA, petitioner, v. Pascasio et,al
In its simplest terms, the type of lawsuit which has been called
medical malpractice or, more appropriately, medical negligence, is that type
of claim which a victim has available to him or her to redress a wrong
committed by a medical professional which has caused bodily harm.
In order to successfully pursue such a claim, a patient must prove
that a health care provider, in most cases a physician, either failed to do
something which a reasonably prudent health care provider would have
done, or that he or she did something that a reasonably prudent provider
would not have done; and that that failure or action caused injury to the
patient. 12
Hence, there are four elements involved in medical negligence cases:

1. Duty;
2. Breach;
3. Injury; and
4. Proximate causation.
Duties of M.D. to his patient

1. Under the Hippocratic Oath


2. Under the Ethics of Medical Profession
3. Under the Law
4. Under Solis book
One of the impeachment lawyers said:
When Joseph Ejercito Estrada took his oath of office, at high noon of June
30, 1998, he said I, Joseph Ejercito Estrada, do solemnly swear that I will
faithfully and conscientiously fulfill my duties as President of the Philippines,
preserve and defend its Constitution, execute its laws, do justice to every
man and consecrate myself to the service of the Nation. So help me God.
Except for his name, he violated every word of his oath.
(Dec.7, 2000, Pasay City)

1. Duties of M.D. to his patient under the Hippocratic Oath:

..I will practice medicine with conscience

and
dignity. The health of my patient will be my first consideration. I
will hold in confidence all that my patients confide me.

1. Practice with conscience and dignity


2. Health of patient as the first consideration
3. Confidentiality

2. Duties of M.D. to his patient under the Ethics of Med. Prof.


2.1 Art. I Sec. 2, last sentence. ..Adhere to the generally accepted

principles of the International Code of Medical Ethics by the Third


General Assembly of the World Medical Association at London,
England in October, 1949 as part of his professional conduct.
Duties of Doctors to the Sick

A doctor must always bear in mind the obligation of


preserving human life from conception. Therapeutic abortion
may only be performed if the conscience of the doctors and the
national laws permit.

A doctor owes to his patient complete loyalty and all


the resources of his science. Whenever an examination or

Transcribed by: KC

3. Duties of M.D. to his patients under the Law:

Art. 1173 2nd par. If the law or contract does not

state the diligence which is to be observed in the performance,


that which is expected of a good father of a family shall be
required
*this father role of physicians is termed: ordinary diligence

4. Duties of M.D. under Solis Book:


1. Duty to posses knowledge and skill of the profession
2. Duty to utilize such knowledge and skill with care and diligence
3. Duty to exercise the best judgment
4. Duty to observe utmost good faith to his patient
Breach of Duty by:

1. Violation of positive law


2. Negligence

NCC Art. 1173. The fault or negligence of the obligor


consists in the omission of that diligence which is required by the
nature of the obligation and corresponds with the circumstances
of the person, of the time and of the place. ..

3. Ignorance

Absence of knowledge
4. Departure from accepted practice

Moreover, in malpractice or negligence cases involving the administration of


anaesthesia, the necessity of expert testimony and the availability of the
charge of res ipsa loquitur to the plaintiff; have been applied in actions
against anaesthesiologists to hold the defendant liable for the death or injury
of a patient under excessive or improper anaesthesia. 16 Essentially, it
requires two-pronged evidence:

1. evidence as to the recognized standards of the medical community in


the particular kind of case, and

2. a showing that the physician in question negligently departed from


this standard in his treatment.

G.R. No. 118141 September 5, 1997


LEONILA GARCIA-RUEDA, petitioner, v. Pascasio et,al
*res ipsa loquitur the things speak for itself.

Injury. As early as 1939, in People vs. Faller, 67 Phil. 529, the


Supreme Court held that Imprudence or negligence becomes
punishable only when it results in a crime.

Which means, even if the doctor was very negligent or ignorant or


was very careless in treating his or her patient that even a person of
common knowledge would know that the doctor was in fact negligent,
if no injury resulted from his act, there is no medical malpractice

Another element in medical negligence cases is causation which is divided


into two inquiries: whether the doctor's actions in fact caused the harm to
the patient and whether these were the proximate cause of the patient's
injury.
G.R. No. 118141 September 5, 1997
LEONILA GARCIA-RUEDA, petitioner, v. Pascasio et,al
Proximate cause, defined.

That cause, which, in the natural continuous sequence unbroken


by an efficient intervening cause, produces the injury and without
which the result would not have occurred.

the cause of the cause is the cause of the evil caused


Chapter 3 of the Revised Penal Code of the Philippines
Section One. Duration of Penalties
Art. 27.
Reclusion perpetua. Any person sentenced to any of the perpetual
penalties shall be pardoned after undergoing the penalty for thirty
years, unless such person by reason of his conduct or some other
serious cause shall be considered by the Chief Executive as unworthy of
pardon.
Reclusion temporal. The penalty of reclusion temporal shall be from
twelve years and one day to twenty years.
Prision mayor and temporary disqualification. The duration of the
penalties of prision mayor and temporary disqualification shall be from
six years and one day to twelve years, except when the penalty of
disqualification is imposed as an accessory penalty, in which case its
duration shall be that of the principal penalty.
Prision correccional, suspension, and destierro. The duration of the
penalties of prision correccional, suspension and destierro shall be from
six months and one day to six years, except when suspension is imposed
as an accessory penalty, in which case, its duration shall be that of the
principal penalty.
Arresto mayor. The duration of the penalty of arresto mayor shall be
from one month and one day to six months.
Arresto menor. The duration of the penalty of arresto menor shall be
from one day to thirty days.
Bond to keep the peace. The bond to keep the peace shall be
required to cover such period of time as the court may determine.
References

Atty. Daguplos Power Point

KCs Notes

http://www.batasnatin.com

END OF TRANS
Guys, sinama ko na yung definition ng penalties as reference na din for
succeeding lectures. Thank you.

Transcribed by: KC