Medical Negligence Philippines

Medical negligence, often termed as "medical malpractice," is a complex area of law. In the Philippines, this falls under the broader category of tort law and is often intersected by principles of criminal law. Here, we delve into the legal aspects surrounding allegations of medical negligence, particularly during surgical procedures, and how patients can seek legal redress.

Legal Definition and Elements

Medical negligence occurs when a healthcare provider deviates from the standard of care expected in the medical community, thereby causing injury or harm to the patient. Four essential elements must be proven: duty, breach of duty, causation, and damages.

Standard of Care

The medical standard of care is determined by what a reasonably prudent medical provider would do under similar circumstances. This is often established through expert testimony, typically from other healthcare professionals in the same specialty.

Civil and Criminal Liabilities

Depending on the circumstances, medical negligence may give rise to both civil and criminal liabilities. Civil cases aim to provide the injured party with compensation for damages, while criminal cases may result in penalties such as imprisonment.

While consent is generally required for any medical procedure, "informed consent" takes it a step further by necessitating that the patient is made aware of all potential risks, benefits, and alternatives. Lack of informed consent can be an additional ground for a medical negligence claim.

Filing a Complaint

Initially, a formal complaint may be lodged with the hospital's ethics or grievance committee. At the same time, a civil case can be filed to seek damages. It is crucial to gather all medical records, witness statements, and other evidence to support your case.

Criminal Offense: Reckless Imprudence

Under the Revised Penal Code, medical negligence may also be categorized as "reckless imprudence resulting in physical injuries." This exposes the healthcare provider to criminal liability, but proving this requires establishing a clear absence of precaution on the part of the medical provider.

Role of Professional Regulatory Boards

The Professional Regulation Commission (PRC) and its corresponding Boards (such as the Philippine Medical Board) can investigate complaints against licensed professionals. Depending on the gravity of the offense, penalties can range from reprimand and suspension to revocation of the medical license.

Conclusion

Allegations of medical negligence are serious and involve a complex interplay of laws and regulations. Patients who believe they have been subject to medical negligence have various avenues for legal redress, including filing civil and criminal cases, and lodging complaints with professional boards. Given the intricacy of such cases, legal representation is strongly advised to navigate the complex landscape of medical negligence laws in the Philippines.