Legal Recourse for Repeated Late Appointments by a Doctor in the Philippines

Question:

A patient has experienced eight instances where their doctor has been late for appointments. The patient has requested a refund but the doctor refuses to comply. Can the patient file a case against the doctor for this issue?

Answer:

Breach of Contract:

From a contractual perspective, repeated lateness could be considered a form of non-performance or breach, especially if the doctor-patient relationship was predicated on timely services.

Consumer Act:

You may also explore options under the Consumer Act of the Philippines (Republic Act No. 7394). You could argue that the service provided was substandard, given the habitual tardiness.

Medical Ethics:

Continuous tardiness may also be a violation of the Code of Ethics for the medical profession, which stresses the importance of respecting the patient's time.

Philippine Medical Association:

You may choose to file a complaint with the Philippine Medical Association, which can undertake disciplinary measures against physicians who fail to uphold professional standards.

Small Claims Court:

For monetary refund, a case can be lodged in a small claims court if the amount does not exceed Php 1,000,000.00. This is a faster way to resolve monetary disputes.

Other Options:

Alternative dispute resolution methods like mediation or arbitration can also be explored before taking legal action.

Legal Counsel:

Before taking any legal steps, consult with a lawyer to assess the strength of your case and to advise you on the best course of action.

Summary:

Yes, you have several avenues for filing a case against your doctor for repeated lateness. These range from lodging a complaint with professional associations to taking the matter to court. You should consult legal advice to weigh these options effectively.

Note: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice tailored to your individual situation.