Professional Documents
Culture Documents
Liabilities of MD
Liabilities of MD
OF PHYSICIANS
IN GENERAL
JURISDICTION / VENUE :
QUANTUM OF EVIDENCE
1. Presumption of Innocence
2. Substantial Evidence
3. Rights of Respondents
4. Appeal from judgment
5. Reinstatement
6. Penalties
7. Injunctions
PROCEDURE /RULES
CA / SC CERTIORARI
BEFORE AFTER
Notwithstanding an
30 DAYS DECISION 30 DAYS
appeal or petition for
review of the decision of OFFICE OF COMMIS-
the OP, the same is THE SIONER
executory and the records PRESIDENT OF CIVIL
will be remanded to the
SERVICE APPEAL FINAL
department where the
case originated, unless the
CA or the SC issues an
order staying the
execution of the decision. APPEAL CA / SC
CIVIL LIABILITIES
1. Breach of contract
2. Violation of Articles 19, 20, 21
of the New Civil Code
3. Tort (Quasi-delict or Breach
of legal duty)
4. Civil liability ex delicto
CIVIL LIABILITIES
Art. 19. Every person must, in the
exercise of his rights and in the
performance of his duties, act with
justice, give everyone his due, and
observe honesty and good faith.
1. Regular Courts
2. Preponderance of Evidence
3. Rights of Respondents
4. Trial
5. Appeal from judgment
6. Penalties
CIVIL LIABILITIES
VIOLATIONS OF:
1. Revised Penal Code
2. Special Criminal
Laws
CRIMINAL LIABILITIES
QUANTUM OF EVIDENCE
Proof beyond reasonable doubt does not
mean such a degree of proof, excluding
the possibility of error or one that produces
absolute certainty. Moral certainty only is
required or that degree of proof which
produces conviction in an unprejudiced
mind.
CRIMINAL LIABILITIES
CHARACTERISTICS OF
CRIMINAL PROCEDURE
1. Regular Courts
2. Proof beyond reasonable doubt
3. Rights of the accused
4. Trial
5. Appeal from judgment
6. Penalties
CRIMINAL LIABILITIES
SPECIFIC CRIMINAL LIABILITIES
OF A PHYSICIAN UNDER THE RPC
Art. 174. False medical certificates, false
certificates of merits or service, etc. — The
penalties of arresto mayor in its maximum
period to prision correccional in its minimum
period and a fine not to exceed P1,000
pesos shall be imposed upon:
Sec. 12. Penalty. - (A) Any person who shall violate Section 6(a), or 6(b) of this
Act shall suffer the penalty graduated hereunder, viz:(a) For the first
conviction, he shall suffer the penalty of reprimand, which shall be officially
recorded in the appropriate books of the PRC. (b) The second conviction,
the penalty of fine in the amount of not less than two thousand pesos (P2,000).
(c) For the third conviction, the penalty of fine in the amount of not less than
five thousand pesos (P5,000) but not exceeding ten thousand pesos (P10,000)
and suspension of his license to practice his profession for thirty days at the
discretion of the court. (d) For the fourth subsequent convictions, the penalty
of fine not less than ten thousand pesos (P10,000) and suspension of his license
to practice his profession one year or longer at the discretion of the court.
VIOLATIONS OF COMPREHENSIVE DANGEROUS DRUG ACT OF 2002 (RA 9165)
Section 18. Unnecessary Prescription of Dangerous Drugs. – The penalty of
imprisonment ranging from twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00) and the additional penalty of the
revocation of his/her license to practice shall be imposed upon the practitioner,
who shall prescribe any dangerous drug to any person whose physical or
physiological condition does not require the use or in the dosage prescribed
therein, as determined by the Board in consultation with recognized competent
experts who are authorized representatives of professional organizations of
practitioners, particularly those who are involved in the care of persons with
severe pain.