ed Tor ts

Ki nd r
Medical Malpractice
This is a particular form of negligence which consist in the
failure of physician 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.
-Reyes, et al. vs. Sister of Mercy Hospital, et al. GR No. 130547, Oct. 3, 2000
Is it exclusive to Physicians and
Surgeons?
No.

Same is applied to the kindred branches of the healing art,

such as chiropodist, chiropractors, Christian science healers,
dentist, practioners of naturopathy, nurses, optometrist and
opticians and operators of X-ray machines.
When does it attach?
-Relationship is consensual
-May result from EXPRESS or IMPLIED contract
and either GENERAL or SPECIAL
-acceptance of Physician creates a prima facie
presumption of the relationship
-not dependent on a fee

EXCEPTION:
Where a job applicant or employee us examined by
the doctor engaged by the employer, there is no
doctor-patient relationship between the Physician
and the examinee.
Elements

1. Duty

2. Breach

3. Injury

4. Proximate causation
Garcia- Rueda vs. Pascasio, et al., GR No. 118141, Sept. 5, 1997
Examples of Breaches
-inadequacy of facilities, lack of provisions, untidiness of the clinic and
failure to conduct pre-operation tests on the patient.

-the act of seeing the patient for the first time only an hour before the
scheduled operative procedure.

-scheduling another procedure in a different hospital thirty minutes apart

from the patient‟s scheduled operation causing the surgeon to be over
three hours late for the procedure;
Examples of Breaches
-leaving of sponges or other foreign objects in the wound after the
incision has been closed.

-failure to consider the patient‟s high blood sugar and subjecting the
patient to an evaluative procedure which caused the patient‟s death due
to complications from diabetes.
Factors to consider
1. The state of medical or surgical science at
the time
2. The locality in which the physician
practices
3. The general rules and principles of the
particular school of medicine which he
follows
4. The nature of the case and the condition of
the patient
Diligence required
Generally, to use at least the same level of care that any other
reasonably competent doctor would se to treat a condition under
the same circumstances.

He is only required to possess and exercise the degree of skill and

learning ordinarily possessed and exercised under similar
circumstances by the members of his profession in good standing
and to use ordinary and reasonable care and diligence, and his
best judgment, in the application of his skill to the case.
Diligence in special contract
-Required to exercise
EXTRAORDINAR
Y SKILL and care or
the highest degree of
skill and care as
possible
Applicable law
ARTICLE 2176 of the NCC

ARTICLE 365 of the RPC

ARTICLE 2180 of the NCC (solidary liability of hospitals as

employers)
How do we prove?
EXPERT TESTIMONY VS. RES IPSA

Generally, EXPERT TESTIMONY is essential to establish not only

the standard of care of the profession but also that the physician’s
conduct in the treatment and care falls below such standard.

In light that injuries are determined only in light of scientific

knowledge, thus it is necessary.

-TWO PRONGED EVIDENCE

When can we use Res Ipsa?
1. There is an occurrence of an injury

2. The thing which caused the injury was under the control and
management of the defendant

3. The occurrence was such that in the ordinary course of the thing,
would have not happened if those who had control or management
used proper care

4. The absence of explanation of the defendant

- Professional Services, Inc vs. Agana, GR No. 126297
Doctrines
1. Negligence per se

2. Captain of the ship

3. Borrowed Servant (only CA adopted)

Defenses
1. ERROR IN JUDGMENT RULE- A
Physician is not liable for error in his
judgment when he applies ordinary and
reasonable skill or keeps within
recognized and approved methods or
common practice, or if he forms his
judgment after a careful or proper
examination or investigation
Defenses

2. Exercised due
diligence

3. Not the proximate

cause
Doctrine of informed consent
is a general principle of law that a physician has a duty to
disclose what a reasonably prudent physician in the medical
community in the exercise of reasonable care would disclose to
his patient as to whatever grave risk of injury might be
incurred from a proposed course of treatment, so that the
patient, exercising ordinary care for his own welfare, may
intelligently exercise his judgment by reasonably balancing the
probable risk against the probable benefits.
- Li vs Soliman,