2.5 physician liability
DESCRIPTION
phy liabilityTRANSCRIPT
September 19, 2015Atty. Malaya Capulong, MD, LIB
2.5Physician Liability
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 necessaryo 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 with justice, give everyone his due, and observe honesty & good faith.
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.
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 Recordso Legal documentso 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. 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.
Transcribers: GONZAGAs, MONTEMAYOR Page 1 of 2
Physician Liabilityo Fine – P 20,000 to 100,000o 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 4,000o 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 – Penaltieso 1st conviction –reprimando 2nd conviction – fine P2,000-5,000o 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 suspectsabuse or has been informed by the victim of violence shall:
o Document injurieso Provide Medical Certificate free of
chargeo Safeguard records and make them
available to victimo Inform victim of her rights & remedies
Civil Case and Criminal Complaints Complaint filed in the courts, either the RTC or MTC
Civil case – Damages Criminal case – penalty is
o Imprisonment o Fineo Or both
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Quiz1. Administrative Complaint is filed at ______.2. 3 Penalties of Administrative Complaint3. Civil Case and Criminal Complaint is filed at either _____
or _____.4. 3 Requirements for Reinstatement5. 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 Negligence9. 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.
13. Fine for Hospitals demanding deposit14. Fine for Sale of Physician’s Samples15. Fine for 2nd conviction of Generics Act16. Imprisonment for Hospitals demanding deposit17. Imprisonment for Sale of Physician’s Sample18. Premise of a Civil Case or Civil Suit19. 3 Penalties for a Criminal Case20. Obligation of a Health Care Provider in RA 9262 Violence
against Women and their Children
Answers1. PRC2. Reprimand, Suspension, Revocation of license3. RTC or MTC4. 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
5. Breach of Contract6. False. Not needed7. False. Independent8. 1. Serious Physical Injuries
2. Less Serious Physical Injuries3. Homicide
9. Negligence10. Simple Imprudence11. Reckless Imprudence12. Imprudence13. 20k to 100k14. 1k to 4k15. 2k to 5k16. 6 mos. 1 day to 2 yrs. 4 mos.17. 6 mos. 1 day to 4 yrs18. Damages19. Imprisonment, Fine, or Both20. Report Suspected Cases of Abuse
Transcribers: GONZAGAs, MONTEMAYOR Page 2 of 2