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September 19, 2015

Atty. Malaya Capulong, MD, LIB

with justice, give everyone his due, and observe

honesty & good faith.

Physician Liability
Administrative complaint
Civil suit
Criminal prosecution
Administrative Complaint
Filed in the PRC
Quantum of evidence needed:
substantial evidence, such relevant evidence
as a reasonable mind might accept as
adequate to support a conclusion
Penalties include
Reprimand
Suspension
Revocation of license
ADMINISTRATIVE DUE PROCESS:
1. Right to hearing;
2. Tribunal must consider the evidence presented;
3. Decision must have something to support itself;
4. Evidence must be substantial;
5. Decision must be based on the evidence adduced
at the hearing, or at least contained in the record
and disclosed to the parties;
6. The Board or its judges must act on its or their
independent consideration of the facts and the
law of the case, and not simply accept the views
of a subordinate in arriving at a decision. (Ang
Tibay vs. CIR)
Grounds for Administrative Complaint
Conviction for an offense involving moral
turpitude
Immoral or dishonorable conduct
Insanity
Fraud in acquisition of cert. of registration
Gross negligence, ignorance or incompetence
Addiction rendering him/her incompetent, or
gambling
False or extravagant or unethical advertisements
Performing criminal abortion
Issuing false medical certificate
Issuing statement or spreading news derogatory
to another MD
Aiding or acting as dummy
Violation of Code of Ethics
Reinstatement
2 years after revocation of license
Must show that he has acted in an exemplary
manner in the community
Has not committed any illegal, immoral or
dishonorable act
Civil Suit
A civil suit filed against physician and/or hospitals is
premised on recovery of damages for their
wrongful act or of employees.
Breach of Contract
Violations of Art. 19, 20 or 21 of the Civil Code
Tort/Quasi-delict under Art. 2176 of the Civil
Code
Civil Liabilities
Breach of Contract failure to fulfill ones
obligation under the contract.
o Expert testimony is not necessary
o Independent of a complaint for negligence
Violations of Art. 19, 20 or 21 of the Civil Code
Art. 19 Every person must, in the exercise of
his rights & in the performance of his duties, act

Transcribers: GONZAGAs, MONTEMAYOR

Art. 20 Every person who, contrary to law,

willfully or negligently causes damage to another,
shall indemnify the latter for the same.
Art. 21 Any person who willfully causes loss or
injury to another in a manner that is contrary to
morals, good customs or public policy shall
compensate the latter for the damage.
Civil Suit for Negligence
Civil Code Art 2176 - Whoever by act or
omission causes damage to
another,
there
being fault or negligence, is obliged to pay for
the damage done.

Criminal Prosecution
Criminal Prosecution under the Revised Penal Code
Art. 365 Reckless Imprudence/Gross
Negligence
o Any person who, by reckless imprudence,
shall commit any act which, had it been
intentional, would constitute a grave felony,
shall suffer the penalty of arresto mayor in
its maximum period to prision correctional in
its medium period, if it would have
constituted a less grave felony, the penalty of
arresto mayor in its minimum periods shall
be imposed; if it would have constituted a
light felony, the penalty of arresto menor
shall be imposedxxx.
o Resulting in

Serious Physical Injuries

Less Serious Physical Injuries

Homicide
Imprudence deficiency of action or failing to
take the necessary precaution once they are
foreseen.
Reckless imprudence voluntary, without
malice, doing or failing to do an act which
results from material damage by reason of
inexcusable lack of precaution on the part of the
person performing the act, taking into consideration
his
employment
or
occupation,
degree
of
intelligence,
physical
condition
and
other
circumstances regarding persons, time and place.
Simple imprudence consist 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.
Negligence- indicates a deficiency of perception or
when the wrongful act maybe avoided by paying
proper attention and using due diligence in
foreseeing them.
Distinguish Art. 365 from other provisions of the
Revised Penal Code and other laws which makes
certain acts criminal.
Medical Certificates
o Issuance of False Medical Certificates
Criminal Offense, Art. 173, RPC
Violation of the Code of Ethics
Patient Records
o Legal documents
o Covered by Physician-patient privilege
Art. 253, RPC Giving assistance to suicide
Art. 259,RPC Abortion practiced by a
physician or midwife and dispensing of abortives.

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Physician Liability
Art. 347, RPC Simulation of birth,
Substitution or abandonment of a
Legitimate Child
Sec. 3, RA 6615 requires hospitals, and
its staff, including physicians to render
appropriate assistance in emergency
cases.
Sec. 1, RA 9344 penalizes the practice of
hospitals & other medical facilities of
demanding a deposit prior to treating
emergency or serious cases.
o Fine P 20,000 to 100,000
o Imprisonment 6 mos. 1 day to 2 yrs.
4 mos.
Sec. 26, RA 5921 penalizes the sale of
physicians samples
o Fine P1,000 to 4,000
o Imprisonment 6 mos. 1 day to 4 yrs.
Sec. 6, RA 6675 (Generics Act of 1988)
requires all physicians to use generic
names of medicines in their prescription.
Sec. 12, RA 6675 Penalties
o 1st conviction reprimand
o 2nd conviction fine P2,000-5,000
o 3rd & succeeding conviction fine
plus
suspension
Sec. 17, RA 9165 Maintenance and
keeping of original records of transactions
Sec. 18, RA 9165 Unnecessary
Prescription of Dangerous Drugs
RA 9262 An Act Defining Violence
Against Women and Their Children,
Providing for Protective Measures for
Victims, Prescribing Penalties therefore, and
for other purposes
o Creates an obligation on the part of
a healthcare provider to report
suspected cases of abuse.

Sec. 31 Healthcare provider who suspects

abuse or has been informed by the victim of
violence shall:
o Document injuries
o Provide Medical Certificate free of
charge
o Safeguard records and make them
available to victim
o Inform victim of her rights &
remedies

Civil Case and Criminal Complaints

Complaint filed in the courts, either the RTC or
MTC
Civil case Damages

Transcribers: GONZAGAs, MONTEMAYOR

Criminal case penalty is

o Imprisonment
o Fine
o Or both
-END-

Quiz
Administrative Complaint is filed at ______.
3 Penalties of Administrative Complaint
Civil Case and Criminal Complaint is filed at either _____
or _____.
4. 3 Requirements for Reinstatement
5. In civil liability, this is failure to fulfill ones obligation
under the contract.
6. True or False. In Breach of Contract, expert testimony is
needed.
7. True of False. In Breach of Contract, is dependent on the
complaint of negligence.
8. 3 results of Reckless Imprudence or Gross Negligence
9. Indicates a deficiency of perception or when the wrongful
act maybe avoided by paying proper attention and using
due diligence in foreseeing them.
10. Consist 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.
11. Voluntary, without malice, doing or failing to do an act
which results from material damage by reason of
inexcusable lack of precaution on the part of the person
performing the act
12. Deficiency of action or failing to take the necessary
precaution once they are foreseen.
1.
2.
3.

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Physician Liability
13.
14.
15.
16.
17.
18.
19.
20.

1.
2.
3.
4.

Fine for Hospitals demanding deposit

5. Breach of Contract
Fine for Sale of Physicians Samples
6. False. Not needed
Fine for 2nd conviction of Generics Act
7. False. Independent
Imprisonment for Hospitals demanding deposit
8. 1. Serious Physical Injuries
Imprisonment for Sale of Physicians Sample
2. Less Serious Physical Injuries
Premise of a Civil Case or Civil Suit
3. Homicide
3 Penalties for a Criminal Case
9. Negligence
Obligation of a Health Care Provider in RA 9262 Violence
10. Simple Imprudence
against Women and their Children

Answers
PRC
Reprimand, Suspension, Revocation of license
RTC or MTC
1. 2 years after revocation of license
2. Must show that he has acted in an
exemplary manner in the community
3. Has not committed any illegal,immoral or
dishonorable act

Transcribers: GONZAGAs, MONTEMAYOR

11.
12.
13.
14.
15.
16.
17.
18.
19.
20.

Reckless Imprudence
Imprudence
20k to 100k
1k to 4k
2k to 5k
6 mos. 1 day to 2 yrs. 4 mos.
6 mos. 1 day to 4 yrs
Damages
Imprisonment, Fine, or Both
Report Suspected Cases of Abuse

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