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Lacaden, Reynald C.

JD-1A
Legal Research and Thesis Writing

As I read the article regarding the Hospital Liability by Ivy Patdu, the article talks about
some of the negligence of the Hospitals of today and what they may do to turn their
medical services into a highly income generating facility. It is very sad that these days
some hospitals do these kinds of malpractices for their own benefit. As a definition a
hospital is primarily a service institution whose concern is to serve the patients the
doctors and the public. [1] With the definition alone a hospitals job is to serve the public
without prejudice on the persons financial capabilities.
1. Identify what the authors Thesis Statement is?
The thesis statement of the author is likely to be Determining Hospital Liability in
cases of Medical Negligence and or Malpractice.
On this article the authors thesis statement talks about whether the the hospitals should
be liable on the negligible acts or malpractice of its medical practitioners and when
should they incur a criminal liability.
Throughout the entire content of the article the author talked about the medical
negligence and the lack of guidelines and laws that should be applied to determine the
liability of the hospital and its medical practitioners. In that sense the authors thesis
statement is the incurrence of a liability of the hospital through the negligent acts or
malpractice of its medical practitioners.
2. What arguments did she adduce to support her thesis statement?
The author pointed out many arguments in this article. One of which is the question of
jurisprudence of the hospitals liability. As I have understood in the article the hospitals
liability will be assigned because of the quasi delict that the hospital will be liable

because of the negligent acts of its medical practitioner. But the issue is that the medical
practitioners cannot be fully recognized as employees of the hospital due to the fact that
most practioners in example nurses and some doctors are only there as a consultant or
on their medical training. Which may or may not render the hospitals liability for the
negligible acts of its practitioners.

What sources did she rely on?


The author primarily relied on the Doctrine of Corporate Negligence as a basis in
reviewing the negligence incurred by the hospital.
The author also relied on some sources and basis in the Republic Acts issued with
regards to regulating the Medical Profession and Hospitals [(R.A. No. 5527 (Medical
Technology), R.A. No. 2383, as Pharmacy), R.A. 5680 (Physical Therapy), R.A.
No.7431 (Radiologic Technology), R.A. 9268 (Veterinarian) RA No. 2382 Medical Act of
1959), R.A. No. 7392 (Midwife), R.A. No. 9173 (Nursing), R.A. No. 8050 (Optometry)
and other medical related professions mentioned in the article.
In relation to medical practice and ethics the author relied on some provisions of The
Medical Act of 1959, Code of Medical Ethics, INTERNATIONAL CODE OF MEDICAL
ETHICS (from Philippine Hospital Association official website).
The Revised Penal Code and Civil Code with regards in supporting the authors claim of
creating Hospital Liability. (RPC arts 15, 174, 259, 347, 365, & Civil Code arts. 1172-1174,
2176-2180) and of course various cases with their ruling to support her claims and
arguments.
2. How did she review the literature in relation to her thesis statement?

3. Were her citations compliant with the Philippine Manual of Legal Citations?
Reasons.
Yes, The citations were properly labeled in the footnotes. The citations written on
the footnotes were complied as all the author followed the rules in citing the
sources used i.e. Court Decision, Official and Unofficial reports and Case
Reports
4. Were you convinced of her arguments? Reasons.
Yes
5. Did you agree with her conclusions and recommendations? Reasons.
Yes
6. What areas of the thesis need more improvement?

9. Write a simple outline of the thesis.

1. https://www.scu.edu/ethics/focus-areas/bioethics/resources/a-healthy-bottomline-profits-or-people/
Liabilities
Equipments
Fees
Supply and Demand
Taking advantage
Proposing a law to penalize doctors

Practice of money first


Practice of whos most important
Non equalizing rights
Possible steps to enhance the quality and reduce corruption