Expired Vaccine Philippines

Criminal Liability of a Doctor for Injecting Expired Vaccine in the Philippines

Question: Does a doctor have criminal liability if they knowingly or unknowingly injected an expired vaccine to a child?

Answer: The potential criminal liability of a doctor who administers an expired vaccine depends on the circumstances surrounding the act, particularly the doctor's intent and knowledge at the time. Here's an overview of the potential legal implications under Philippine law:

1. Reckless Imprudence Resulting in Physical Injuries (Revised Penal Code, Article 365):

   • If a doctor unknowingly administers an expired vaccine and it results in harm to the child, they might be held liable for reckless imprudence. The act of not adequately checking the vaccine's expiry date can be considered negligence.

2. Estafa (Revised Penal Code, Article 315):

   • If a doctor knowingly administers an expired vaccine and charges the patient or their guardian for it, they might be committing estafa. By deceiving the patient or their guardian about the quality or efficacy of the vaccine, the doctor could be said to have defrauded them.

3. Violations of the Medical Act of 1959 (R.A. No. 2382):

   • If a doctor's act of administering an expired vaccine is found to be in violation of ethical and professional standards, they might face administrative sanctions, including the suspension or revocation of their medical license.

4. Violations of the Consumer Act of the Philippines (R.A. No. 7394):

   • Selling or distributing expired drugs or vaccines can be a violation of the Consumer Act, which protects against deceptive, unfair, or unconscionable sales acts and practices. This could lead to penalties, fines, and potential imprisonment.

5. Civil Liability:

   • Apart from criminal liability, the doctor might also face civil liability for damages. The child's parents or guardians can file a civil suit seeking compensation for medical expenses, pain and suffering, and other related costs.

Recommendation: If you believe that a child has been administered an expired vaccine, it's crucial to consult with a lawyer who can guide you on the appropriate legal actions to take. For medical professionals, it's essential always to exercise due diligence in checking the expiry dates of medicines and vaccines and maintain open communication with patients and their guardians.

Conclusion: In the Philippines, a doctor who administers an expired vaccine to a child, whether knowingly or unknowingly, may face potential criminal and civil liabilities. The specific liability will depend on the circumstances, including the doctor's intent and the resulting harm to the child.