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Legmed Doctrines
Legmed Doctrines
LEGAL
MEDICINE
11481242 | G02 DR. KAREN
JIZ
2 Dela Torre vs. Imbuido, 736 SCRA 655, September 29, 2014.
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are employed. As such, the BRMC cannot be
considered an indispensible party without whom
no final determination can be had of an action.
Xxx
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C. GOOD SAMARITAN
Blacks law dictionary explained the Good Samaritan
Doctrine is used by rescuers to avoid civil liability for
injuries arising from their negligence. Its purpose is to
encourage emergency assistance by removing the threat of
liability for damage done by the assistance. However, the
assistance must be reasonable; a rescuer cannot benefit
from the Good Samaritan doctrine if the assistance is
reckless or grossly negligent.
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immediately assisting a patient, with good care and in good
faith, the person is absolved with any responsibility, if ever
something unfortunate happens. The title of the doctrine,
moreover, explains the doctrine itself as it is related to
being a good servant to others in cases of emergency.
Requisites:
(1) the accident was of a kind which does not ordinarily
occur unless someone is negligent;
(2) the instrumentality or agency which caused the injury
was under the exclusive control of the person in charge; and
(3) the injury suffered must not have been due to any
voluntary action or contribution of the person injured.
6 Jarcia, Jr. vs. People, 666 SCRA 336, February 15, 2012.
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Moreover, it was expounded that Res Ipsa Loquitur is
grounded in the superior logic of ordinary human
experience and, on the basis of such experience or common
knowledge, negligence may be deduced from the mere
occurrence of the accident itself. Hence, res ipsa loquitur is
applied in conjunction with the doctrine of common
knowledge. To further elaborate:
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xxx Dr. Agas was able to establish that the
internal bleeding sustained by Dr. Cruz was due
to the abnormal condition and configuration
of his sigmoid colon which was beyond his
control considering that the said condition could
not be detected before a colonoscopic procedure.
Dr. Agas adequately explained that no clinical
findings, laboratory tests, or diagnostic imaging,
such as x-rays, ultrasound or computed
tomography (CT) scan of the abdomen, could have
detected this condition prior to an endoscopic
procedure. xxx
E. BORROWED SERVANT
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independent contractor who was merely
exercising hospital privileges. This doctrine
provides that once the surgeon enters the
operating room and takes charge of the
proceedings, the acts or omissions of operating
room personnel, and any negligence associated
with such acts or omissions, are imputable to the
surgeon. While the assisting physicians and
nurses may be employed by the hospital, or
engaged by the patient, they normally become the
temporary servants or agents of the surgeon in
charge while the operation is in progress, and
liability may be imposed upon the surgeon for
their negligent acts under the doctrine of
respondeat superior. xxx