LEGAL MED

Atty. Melissa GG Legaspi

Syllabus (1st half)

I.

R.A. NO. 2832 - MEDICAL ACT OF 1959

A. The Board of Medical Education and its Functions
B. Prerequisite to the practice of medicine
C. Candidates for board examination
D. Acts constituting practice of medicine; exemptions
E. Limited practice without any certificate of registration
F. Administrative investigations
G. Grounds for reprimand, suspension or revocation of registration
certificate

II.

HIPPOCRATIC OATH

III.

MEDICAL MALPRACTICE AND ITS ELEMENTS

A. Physician-Patient Relationship
B. Duty of a Physician
C. Breach of Duty and Injury
1. Indispensability of Expert Testimony
2. Doctrine of Res Ipsa Loquitor as exception
D. Causation

IV.

PARTIES LIABLE
A. Physicians and Surgeons
1. Doctrine of Negligence Per Se
2. Captain-of-the-Ship Doctrine
3. Borrowed Servant Doctrine
B. Hospitals
1. Vicarious Liability of an Employer under Art. 2180 of the Civil
Code; Respondeat superior
2. Vicarious Liability under the Doctrine of Apparent Authority
3. Doctrine of Corporate Negligence
C. Health Maintenance Organizations (HMOs)

V.

ENFORCING LIABILITY FOR MEDICAL MALPRACTICE

A. How is an actionable malpractice enforced: Criminal Liability
1. Under the Revised Penal Code
2. Illegal Practice of Medicine under the Medical Act
B. How is an actionable malpractice enforced: Civil Liability
C. How is an actionable malpractice enforced: Administrative Liability

VI.

DEFENSES AVAILABLE
A. Presumption of Due Diligence Performed
B. Compliance with the Requisite Standard of Diligence
C. Negligence of the Plaintiff as Proximate Cause of the Injury
D. Independent Contractor