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3.) As a direct and proximate result of the failure to disclose, the patient
consented to treatment she otherwise would not have consented to; and
4.) Plaintiff was injured by the proposed treatment.
48. Are waivers signed by patients valid? (Nogales vs. Capitol Medical
Center)
No, waivers signed by patients are void. The Supreme Court stated in the
case of Nogales vs. Capitol Medical Center that such release forms, being
in the nature of contracts of adhesion, are construed strictly against
hospitals. Besides, a blanket release in favor of hospitals "from any and all
claims," which includes claims due to bad faith or gross negligence, would
be contrary to public policy and thus void.
49. What is the difference between Ramos vs. CA 321 SCRA 585, 588-589
(1999) and Ramos vs. CA 380 SCRA 467 (2002)
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