2.5 Physician Liability

2.5 September 19, 2015

Atty. Malaya Capulong, MD, LIB   

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with justice, give everyone his due, and observe honesty & good faith.

Physician Liability Administrative complaint Civil suit Criminal prosecution Administrative Complaint Filed in the PRC Quantum of evidence needed:  substantial evidence, such relevant evidence as a reasonable mind might accept as adequate to support a conclusion Penalties include  Reprimand  Suspension  Revocation of license ADMINISTRATIVE DUE PROCESS: 1. Right to hearing; 2. Tribunal must consider the evidence presented; 3. Decision must have something to support itself; 4. Evidence must be substantial; 5. Decision must be based on the evidence adduced at the hearing, or at least contained in the record and disclosed to the parties; 6. The Board or its judges must act on its or their independent consideration of the facts and the law of the case, and not simply accept the views of a subordinate in arriving at a decision. (Ang Tibay vs. CIR) Grounds for Administrative Complaint  Conviction for an offense involving moral turpitude  Immoral or dishonorable conduct  Insanity  Fraud in acquisition of cert. of registration  Gross negligence, ignorance or incompetence  Addiction rendering him/her incompetent, or gambling  False or extravagant or unethical advertisements  Performing criminal abortion  Issuing false medical certificate  Issuing statement or spreading news derogatory to another MD  Aiding or acting as dummy  Violation of Code of Ethics Reinstatement  2 years after revocation of license  Must show that he has acted in an exemplary manner in the community  Has not committed any illegal, immoral or dishonorable act Civil Suit A civil suit filed against physician and/or hospitals is premised on recovery of damages for their wrongful act or of employees.  Breach of Contract  Violations of Art. 19, 20 or 21 of the Civil Code  Tort/Quasi-delict under Art. 2176 of the Civil Code Civil Liabilities  Breach of Contract – failure to fulfill one’s obligation under the contract. o Expert testimony is not necessary o Independent of a complaint for negligence Violations of Art. 19, 20 or 21 of the Civil Code  Art. 19 – Every person must, in the exercise of his rights & in the performance of his duties, act

Transcribers: GONZAGAs, MONTEMAYOR

Art. 20 – Every person who, contrary to law, willfully or negligently causes damage to another, shall indemnify the latter for the same.  Art. 21 – Any person who willfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage. Civil Suit for Negligence  Civil Code Art 2176 - Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. 

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Criminal Prosecution Criminal Prosecution under the Revised Penal Code  Art. 365 Reckless Imprudence/Gross Negligence o “Any person who, by reckless imprudence, shall commit any act which, had it been intentional, would constitute a grave felony, shall suffer the penalty of arresto mayor in its maximum period to prision correctional in its medium period, if it would have constituted a less grave felony, the penalty of arresto mayor in its minimum periods shall be imposed; if it would have constituted a light felony, the penalty of arresto menor shall be imposed…xxx.” o Resulting in  Serious Physical Injuries  Less Serious Physical Injuries  Homicide Imprudence – deficiency of action or failing to take the necessary precaution once they are foreseen. Reckless imprudence – voluntary, without malice, doing or failing to do an act which results from material damage by reason of inexcusable lack of precaution on the part of the person performing the act, taking into consideration his employment or occupation, degree of intelligence, physical condition and other circumstances regarding persons, time and place. Simple imprudence – consist in the lack of precaution displayed in those cases in which the damage impending to be caused is not immediate nor the danger clearly manifest. Negligence- indicates a deficiency of perception or when the wrongful act maybe avoided by paying proper attention and using due diligence in foreseeing them. Distinguish Art. 365 from other provisions of the Revised Penal Code and other laws which makes certain acts criminal.  Medical Certificates o Issuance of False Medical Certificates  Criminal Offense, Art. 173, RPC  Violation of the Code of Ethics  Patient Records o Legal documents o Covered by Physician-patient privilege  Art. 253, RPC – Giving assistance to suicide  Art. 259,RPC – Abortion practiced by a physician or midwife and dispensing of abortives.

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Physician Liability Art. 347, RPC – Simulation of birth, Substitution or abandonment of a Legitimate Child  Sec. 3, RA 6615 – requires hospitals, and its staff, including physicians to render appropriate assistance in emergency cases.  Sec. 1, RA 9344 – penalizes the practice of hospitals & other medical facilities of demanding a deposit prior to treating emergency or serious cases. o Fine – P 20,000 to 100,000 o Imprisonment – 6 mos. 1 day to 2 yrs. 4 mos.  Sec. 26, RA 5921 – penalizes the sale of physicians’ samples o Fine – P1,000 to 4,000 o Imprisonment – 6 mos. 1 day to 4 yrs.  Sec. 6, RA 6675 (Generics Act of 1988) – requires all physicians to use generic names of medicines in their prescription.  Sec. 12, RA 6675 – Penalties o 1st conviction –reprimand o 2nd conviction – fine P2,000-5,000 o 3rd & succeeding conviction – fine plus suspension  Sec. 17, RA 9165 – Maintenance and keeping of original records of transactions  Sec. 18, RA 9165 – Unnecessary Prescription of Dangerous Drugs  RA 9262 – An Act Defining Violence Against Women and Their Children, Providing for Protective Measures for Victims, Prescribing Penalties therefore, and for other purposes o Creates an obligation on the part of a healthcare provider to report suspected cases of abuse.  Sec. 31 – Healthcare provider who suspects abuse or has been informed by the victim of violence shall: o Document injuries o Provide Medical Certificate free of charge o Safeguard records and make them available to victim o Inform victim of her rights & remedies 

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Civil Case and Criminal Complaints Complaint filed in the courts, either the RTC or MTC  Civil case – Damages

Transcribers: GONZAGAs, MONTEMAYOR

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Criminal case – penalty is o Imprisonment o Fine o Or both -END-

Quiz Administrative Complaint is filed at ______. 3 Penalties of Administrative Complaint Civil Case and Criminal Complaint is filed at either _____ or _____. 4. 3 Requirements for Reinstatement 5. In civil liability, this is failure to fulfill one’s obligation under the contract. 6. True or False. In Breach of Contract, expert testimony is needed. 7. True of False. In Breach of Contract, is dependent on the complaint of negligence. 8. 3 results of Reckless Imprudence or Gross Negligence 9. Indicates a deficiency of perception or when the wrongful act maybe avoided by paying proper attention and using due diligence in foreseeing them. 10. Consist in the lack of precaution displayed in those cases in which the damage impending to be caused is not immediate nor the danger clearly manifest. 11. Voluntary, without malice, doing or failing to do an act which results from material damage by reason of inexcusable lack of precaution on the part of the person performing the act 12. Deficiency of action or failing to take the necessary precaution once they are foreseen. 1. 2. 3.

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Physician Liability 13. 14. 15. 16. 17. 18. 19. 20.

1. 2. 3. 4.

Fine for Hospitals demanding deposit 5. Breach of Contract Fine for Sale of Physician’s Samples 6. False. Not needed Fine for 2nd conviction of Generics Act 7. False. Independent Imprisonment for Hospitals demanding deposit 8. 1. Serious Physical Injuries Imprisonment for Sale of Physician’s Sample 2. Less Serious Physical Injuries Premise of a Civil Case or Civil Suit 3. Homicide 3 Penalties for a Criminal Case 9. Negligence Obligation of a Health Care Provider in RA 9262 Violence 10. Simple Imprudence against Women and their Children

Answers PRC Reprimand, Suspension, Revocation of license RTC or MTC 1. 2 years after revocation of license 2. Must show that he has acted in an exemplary manner in the community 3. Has not committed any illegal,immoral or dishonorable act

Transcribers: GONZAGAs, MONTEMAYOR

11. 12. 13. 14. 15. 16. 17. 18. 19. 20.

Reckless Imprudence Imprudence 20k to 100k 1k to 4k 2k to 5k 6 mos. 1 day to 2 yrs. 4 mos. 6 mos. 1 day to 4 yrs Damages Imprisonment, Fine, or Both Report Suspected Cases of Abuse

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