Southwestern University PHINMA

Malpractice: A Case Study

Members:
Pantoja, Bona Rose
Paunil, Grace
Sagarino, Ingrid
Ramoso, Lezette
Rabanes, Roland Francis
SECTION: BSMLS B8

I. INTRODUCTION
Medical malpractice is a legal cause of action that develops when a medical or health care professional transgresses
professional standards by a careless act or omission, causing harm to or patient death. The negligence may be the result of
mistakes made during diagnosis, treatment, follow-up care, or health management. Three characteristics are typically
present in a case of medical misconduct. First, it must be demonstrated that the medical care was not in accordance with the
recognized standard of care, which is the standard of care agreed upon and acknowledged by the profession. Second, it must
be demonstrated that the patient was harmed in some way as a result of the negligence. To put it another way, there cannot
be harm brought on by negligence or harm brought on by neglect that is deemed immoral. Lastly, it must be shown that the
harm resulted in significant losses, like a disability, extraordinary discomfort, or suffering.
Some of the actions or omissions that could potentially establish a medical malpractice claim include failing to diagnose
an illness or medical condition accurately, failing to provide suitable treatment for a medical condition, and causing
excessive delay in treating a diagnosed medical condition. In some jurisdictions, even in the absence of a mistake on the
part of the doctor, a medical malpractice action may be allowed based on the principles of informed consent when a patient
was not informed of the potential side effects of a course of treatment and would have declined the medical treatment had
they been given the necessary information beforehand. Because local laws vary, the specific specialists who could be the
subject of a medical malpractice lawsuit will change depending on where the action is filed.
 A case involving Jessica Santillan, a 17-year-old victim of malpractice who ultimately passed away from serious
consequences. Ms. Santillan, who was being treated at the Duke University Hospital for heart and lung failure, failed in her
attempt to receive a transplant. The explanation is that Ms. Santillan's condition has gotten worse because the organ's blood
type doesn't perfectly match her measurement. The hospital needs to accept full responsibility for what they did to endanger
an innocent girl's life. Unless the patient knows, or should have known, that the doctor is an independent contractor, the
hospital can be held vicariously liable under the doctrine of apparent authority for the negligent actions of a doctor providing
care at the hospital, whether or not the doctor is an independent contractor. Lack of documentation can seriously compromise
continuity of care and cause liability difficulties. It is crucial to examine, balance, and talk through the risks/benefits and
instructions for any organ transplant prescription with the patient and/or their caretakers in order to prevent negative
malpractice.

II. BACKGROUND
Malpractice is a type of personal injury case that is based on the negligence that is committed by a medical
professional, and the incident happened inside the hospital and in the practice of medicine. The patient can also sue for
damages if a physician makes a preventable error that results in an injury. In Article 2176, it stated that "Whoever, by act
or omission, causes damage to another, whether through fault or negligence, is obliged to pay for the damage done. Such
fault or negligence, if there is no pre-existing contractual relation between the parties, is called a quasi-delict and is governed
by the provisions of this Chapter." In the Philippines, a medical malpractice suit is governed by the Civil Law Concept of
Damages. In order to pursue a medical suit, the patient must prove the four elements of medical negligence:
a) Duty on the part of the physician to observe the same level of care that any reasonably competent doctor would use to
treat the condition under the same circumstances.
b) Breach
c) Injury contemplated by the law is a bodily injury to or death of a patient.
d) Promixate causation between the breach and the injury where the act or omission complained of is the proximate cause
of the injury suffered.
Without these four elements of medical negligence, you cannot file a case against the physician since you don’t
have the proof to show and the suit will be invalid in your end. The first malpractice case dates back to 1794, when the
plaintiff argued that a doctor promised to perform an operation skillfully, and sadly, the plaintiff’s wife died because of the
operation.
One of the cases of malpractice here in the Philippines is from Noel Casumpang, Ruby Sanga-Miranda, and San
Juan Dedios Hospital: the petitioner versus the respondent, who is Nelson Cortejo. This is a case regarding a child who was
diagnosed incorrectly due to the malpractice of the doctor since the blood sample was washed away by the respondent,
which is needed upon diagnosing the patient, and because of the incorrect diagnosis, it resulted in the death of the child.
With regards to the rulings of the court on the liabilities of doctors and how they can prove their medical malpractice,
the standard evidence for proving whether the complaint for medical malpractice should be dismissed or upheld is laid out.
The patient must also prove that the doctor did not act as a reasonably prudent medical professional would have done. And
whether the physician has committed an inexcusable lack of precaution in treating the patient, it still depends on the standard
of care being observed by other professionals in good standing under similar circumstances. Another doctor’s testimony is
also needed as evidence to provide the technical expertise the court lacks.
In proving medical malpractice, the court does not favor allegations but rather the proof presented in court. And the
evidence should be presented to prove that the doctors failed to adhere to the standards set. The medical rules and literature
can be served as evidence, and if a doctor will defend himself or herself from a complaint of medical malpractice, he or she
will be advised to show proof of the standards and procedures that are required in the process and if the presented proof is
aligned with the standard of care being set.
 In conclusion, the difficulty in successfully filling a case of medical malpractice lies in the facts and not in
assumptions since there are a lot of life-saving procedures that are experimental and non-experimental, and even the best
doctors in different countries cannot predict the outcome and result of the procedures they perform. All medical
professionals or even the hospital itself needs to avoid medical malpractice, study their procedure before the operation well,
including the patient's history before jumping to any conclusions, keep the patient informed with regards to the procedure
he or she is about to take, and conduct the treatment in good condition and good faith with competence, diligence, and skill.
In this way, malpractice can be avoided.

III. PROPOSED SOLUTION

The situation described is tragic, and there are no easy solutions. However, some steps can be taken to prevent such
errors in the future and to help Jessica and her family:
1. Improve the process of matching organs with patients: Hospitals should review their procedures to ensure such
mistakes do not happen again. This can entail closer collaboration between medical specialists engaged in the
transplant procedure and more comprehensive documentation reviews.
2. To filter blood and prevent organ rejection, medical researchers should continue to create innovative technology.
This may include new methods of blood typing and screening, as well as new filtering techniques.
3. Increase organ donations: There is a need for more organ donations in the United States and worldwide. Efforts
should be made to encourage more people to become organ donors and to streamline the organ procurement process
to ensure that organs are available to those who need them most.
4. Provide support for Jessica and her family: The hospital and the medical community should do everything possible
to provide support and assistance to Jessica and her family during this difficult time. This may include financial aid,
counseling services, and access to medical care.
5. Raise awareness of the importance of organ donation: The tragic story of Jessica Santillan highlights the importance
of organ donation and the impact that it can have on the lives of those in need. Efforts should be made to raise
awareness of the need for organ donation and to encourage more people to become donors.

IV. RECOMMENDATION

In regard to the aforementioned case of Ms. Santillan, who later died following her botched procedure.
We recommend that the state introduce more thorough guidelines or regulations on the matter, especially in the
most complex and high-risk cases, as with the situation of Ms. Santillan. Proper protocol must be in place, and
high standards must be met. The situation of Ms. Jessica Santillan is a truly tragic case, but it can be mitigated,
so we propose the following:

First, properly record and review the patient’s medical record. The data placed must be free of errors and
fraudulent information for a proper understanding of the patient’s current state of health. As such, a proper review
of the patient record should be done before any procedure is performed to avoid any anomalies when treating the
patient.

Second, a proper test must be done. Before any procedure is executed on the patient, tests for their blood
type or any other test that is required for the procedure must be prepared. Furthermore, the result must be
authenticated to ascertain that the test was properly done and, in fact, precise. This is done most especially with
cases that involve organ transplantation or perhaps blood transfusions, which can derail the surgery and the
patient's health if compatibility is not met.

Third, the proper organs that are to be transplanted or transferred must be thoroughly evaluated before the
surgery. The physicians to whom the patient is assigned must corroborating that the organ is indeed a match with
the patient in need as well as if it is safe.

Consequently, being conscious of and acquainted with your patients' constitution and their information
must be a duty expected from the assigned physician and any further medical providers involved with the case.
Medical errors are unavoidable at times, but this can lead to further severe results for the patient and for the
medical practitioner. Therefore, proper procedures must be followed and meticulously abided by.

V. REVIEW OF SUMMARY

Medical malpractice occurs when medical staff members or institutions fall short of the required level of care,
putting patients at risk for serious health issues, injuries, and even death. In this case, a wrongful death lawsuit
can be filed by the estate of Miss Santilan, who passed away as a result of hospital negligence, such as mistakes
in diagnosis, treatment, follow-up care, or health management that may have contributed to the carelessness.
Under the state's wrongful death laws, the hospital can be sued by the person's estate and held accountable for the
deceased's beneficiaries. Hence, in order to avoid this tragic situation in the future, allied health must meet the
standards and practices provided by the law.

In conclusion, medical malpractice can be avoid by simply being transparent and the consistency that you
give to your patient, because having a good relationship with your patient and giving his/her the assurance and
trust is needed. And also acquiring informed consent is a must and one of the best way to mitigate treatment risk
and to have a complete and accurate documentation for future purposes and for evidence incase something might
happen during the operation, and lastly, when in doubt always ask for help and assistance from your co-physician
who can help you facilitate and manage the operation.