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DAMAGES
I.Damages
May ne defined as peculiar compensation,
for the injury sustained or pecuniary
consequences w/c the law imposesfor the
breach of some duty or violation of some
right
Damages are the amounts recoverable or
that w/c may be awarded for the damage
done or sustained
1.)Damages may be recovered- when
death occurs as a result of medical
negligence, the following damages
may be recovered:
a.) An indemnity of P50k for the sole act
of death, w/out need of any proof or
evidence of damage
b.)Indemnity for loss of earning capacity
c.) Moral damages for mental anguishfixed by court
d.)Exemplary damages- if there is
attending aggravating circumstances
e.) Attorneys fee, litigation expenses w/
legal interest
2.) Computation for loss of earning
capacity
Annual income= monthly income x
12months
Net annual income= annual incomenecessary and incidental expenses
computed at 50% of annual income
Life expectancy= (2/3) X (80-AGE OF
VICTIM AT TIME OF DEATH)
Loss of earning capacity= net annual
income x life expectancy
II. Damnum absque injuria
Means damage w/out injury; loss w/out
unlawful conduct
If damage result from persons exercising
his legal rights
III. Actual damages
Pecuniary loss suffered by a party as he
as duly approved
Compensatory or actual damages that are
most frequently involved in professional
liability cases