Medical malpractice Philippines

Question: Can I sue a doctor for medical malpractice in the Philippines?

Answer:

Yes, you can sue a doctor for medical malpractice in the Philippines. Medical malpractice falls under both criminal and civil liabilities and is governed by various laws and regulations including the Medical Act of 1959 and the Civil Code of the Philippines.

What Constitutes Medical Malpractice?

1. Negligence: The doctor failed to exercise the standard of care expected in the medical profession.
2. Incompetence: The doctor lacked the necessary skills to perform the medical procedure.
3. Failure to Inform: The doctor didn't inform the patient of the risks involved in a procedure.

How Do I File a Medical Malpractice Case?

1. Consult a Lawyer: Due to the complexity, it is advisable to consult a lawyer experienced in medical malpractice cases.
2. Collect Evidence: This can include medical records, eyewitness testimony, and expert opinions.
3. File a Complaint: Lodge an official complaint with the Philippine Medical Association (PMA) or directly in court, depending on the advice of your lawyer.

What Are the Available Remedies?

1. Civil Remedies: You may claim damages for the pain and suffering, as well as for medical expenses incurred due to malpractice.
2. Criminal Remedies: The doctor may be liable under the Revised Penal Code for reckless imprudence resulting in injury or homicide.
3. Administrative Remedies: The doctor's license may be suspended or revoked by the Professional Regulation Commission (PRC).

What are the Challenges?

1. Burden of Proof: The burden of proving negligence or incompetence lies on the complainant.
2. Expert Testimony: Typically, expert medical testimony is required to establish malpractice.
3. Statute of Limitations: There may be time limits for filing the case, so it's important to act promptly.

Conclusion:

Suing a doctor for medical malpractice in the Philippines is possible but complex. Given the multifaceted legal implications, it's crucial to consult a lawyer for guidance. You must be prepared to provide substantial evidence to prove that the doctor was negligent or incompetent, which often includes expert testimony.