Professional Documents
Culture Documents
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G.R. No. 118141. September 5, 1997.
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* SECOND DIVISION.
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772 SUPREME COURT REPORTS ANNOTATED
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ROMERO, J.:
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2 Rollo, p. 186.
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3 Sec. 3(e). Causing any undue injury to any party, including the
Government, or giving any private party any unwarranted benefits,
advantage or preference in the discharge of his official, administrative or
judicial functions through manifest partiality, evident bad faith or gross
inexcusable negligence. This provision shall apply to officers and
employees of offices or government corporations charged with the grant of
licenses or permits or other concessions.
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In its simplest terms, the type of lawsuit which has been called
medical malpractice or, more appropriately, medical negligence, is
that type of claim which a victim has available to him or her to
redress a wrong committed by a medical professional which has
caused bodily harm.
In order to successfully pursue such a claim, a patient must
prove that a health care provider, in most cases a physician,
either failed to do something which a reasonably prudent health
care provider would have done, or that he or she did something
that a reasonably prudent provider would not have12 done and that
that failure or action caused injury to the patient.
12 Internethttp://www.medicalmal.com/neglig.html.
13 Hirschberg v. State, 91 Misc 2d 590 (1977).
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Petition dismissed.
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