MEDICAL

MALPRACTICE

Presented by:
Jayne Lao
Angeline Inguillo
Lea Rioflorido
Katrina Valdez
December 7, 2013

Overview
What constitutes the practice of
medicine?
Who are exempted?
What is medical malpractice?
Distinguishments between negligence
and malpractice?
What suits to file?
What are the available defenses?
Now what?

What constitutes the

Practice of Medicine?
Medical Act of 1959
Sec.10 - Acts constituting practice of
medicine.
a. For compensation, fee or even without the
same, physically examine any person...
b. By means of signs, cards, advertisements
or other means of communications, either
offer or undertake
c. Use the title M.D. After his name.

Who are exempted?

Medical Act of 1959
(a) any medical student
(b) any legally registered dentist
(c) any duly registered masseur or
physiotherapist
(d) any duly registered optometrist
(e) any person who renders any service
gratuitously in cases of emergency
(f) any person who administers or recommends
any household remedy
(g) any psychologist or mental hygienist

Physician-Patient
Relationship
Quasi-contract
Implied consent
Continues until the physicians
services are no longer needed or until
terminated by the parties.

Diligence Required
EXTRAORDINARY DILIGENCE
Case: Reyes vs. Sisters of Mercy Hospital
G.R. No. 130547

Distinguishments
between negligence and
MALPRACTICE
NEGLIGENCE
malpractice?
Violation of
Statutory duty
Omission required
under the
attendance
circumstances
resulting damage
injury to another

Failure of a
professional, to
render proper
services through
reprehensible
ignorance or
negligence or
through criminal
intent, especially
when injury or loss
follows.

What is medical
malpractice?
Particular form of negligence

which
consists in the failure of the
physicians or surgeon to apply to his
practice of medicine that degree of
care and skill which is ordinarily
employed by the profession generally,
under similar conditions, and in like
surrounding circumstances.
Pineda, Torts & Damages,

Elements of Medical
Negligence
Duty
Breach
Injury
Proximate Causation

Case: Reyes vs. Sister of Mercy

Hospital

What suits to file?

Criminal Case
Reckless Imprudence

Civil Case
Negligence
Quasi-delict
Res Ipsa Loquitor Doctrine
Captain of the Ship Doctrine

Administrative case
Revocation of license

Criminal Case
Reckless imprudence resulting
to homicide
Case: Cruz vs. Court of Appeals
G.R. No. 122445

Administrative Case
RA 2382 Sec.24
Grounds for reprimand,
suspension, or revocation, of
registration certificate
Case: Cayao-Lasam versus Ramolete
G.R. No. 159132

Civil Case
Res Ipsa Loquitur Doctrine
Case: Ramos vs. Court of Appeals
G.R. No. 124354

Negligence
Case: Professional Services, Inc. vs. Agana
514 SCRA 478

Captain of the Ship Doctrine

Case: Professional Services, Inc. vs. Agana
514 SCRA 478

What are the available

defenses?
Presumption of due diligence
Compliance to the standard of
diligence
Negligence of the plaintiff
Independent contractor

Exclusive Interview

http://www.youtube.com/watch?v=vmkoXbQdnjY

Now what?
House Bill 226 Remedy of both
patient
and doctor
Senate Bill 743 Safety of patient
Senate Bill 1720 Anti-medical
malpractice
No integration

Now what? (contd)

Notwithstanding the lack of a law
governing medical malpractice, the
flexibility of existing laws coupled with
the resourcefulness and ingenuity of both
the bar and the bench have sufficed to
provide Philippine society with a viable
legal framework by which it can secure
accountability from those who claim to
well-versed in the craft of healing
Darwin P. Angeles, Dissecting Philippine Law and
Jurisprudence on Medical Malpractice, Philippine Law
Journal, Volume 85 Issue 4, 2011

THE END