medical malpractice lawphil


medical malpractice lawphil

Thereafter, Dr. Sanga conducted a physical check-up covering Edmer’s head, eyes, nose, throat, lungs, skin and abdomen; and found that Edmer had a low-grade non-continuing fever, and rashes that were not typical of dengue fever.17 Her medical findings state: the patient’s rapid breathing and then the lung showed sibilant and the patient’s nose is flaring which is a sign that the patient is in respiratory distress; the abdomen has negative finding; the patient has low grade fever and not continuing; and the rashes in the patient’s skin were not, "Herman’s Rash" and not typical of dengue fever.18, At 3:00 in the afternoon, Edmer once again vomited blood. 221.)3. The case presents to us the following issues: 1. Medical Malpractice... By the Numbers “It is a capital mistake to theorize before one has data.” Arthur Conan Doyle, The Memoirs of Sherlock Holmes 65,000 to 200,000 The minimum annual number of deaths due to medical accidents, according to hospital records. CV No. Accordingly, on the basis of the foregoing, we rule that for the purpose of allocating responsibility in medical negligence cases, an employer-employee relationship in effect exists between hospitals and their attending and visiting physicians. 64 Supra note 44. No. 81 At 11:30 in the morning of April 23, 1988. The primary objective of the practice of medicine is service to mankind irrespective of race, age, disease, disability, gender, sexual orientation, social standing, creed or political affiliation. No. In order to successfully pursue a medical malpractice suit, the patient must prove the four (4) elements of medical negligence. This determination is both factual and legal, and is specific to each individual case.42, If the patient, as a result of the breach of duty, is injured in body or in health, actionable malpractice is committed, entitling the patient to damages.43, To successfully claim damages, the patient must lastly prove the causal relation between the negligence and the injury. All these manifestations were present and known to Dr. Casumpang at the time of his first and second visits to Edmer. 20 In this jurisdiction, the statute governing liability for negligent acts is Article 2176 of the Civil Code, which reads: Art. Civil and Criminal Prosecution with Damages. No. 2d 788 (1993). II. Board of Medical Examiners G.R. NO. A: If a patient cocked [sic] out phlegm then the specimen could have come from the lung alone.82 [Emphasis supplied]. Both the RTC and the CA relied largely on Dr. Jaudian’s expert testimony on dengue diagnosis and management to support their finding that the petitioning doctors were guilty of breach of duty of care. However, in Bing v. Thunig, the New York Court of Appeals deviated from the Schloendorff doctrine, noting that modern hospitals actually do far more than provide facilities for treatment. Whether or not there is a causal connection between the petitioners’ negligent act/omission and the patient’s resulting death; and. Medical Malpractice Profile Phil Cole has extensive litigation experience in handling personal injury cases, commercial disputes, business torts, class actions, medical malpractice claims, and the defense of all types of claims brought against lawyers. 2d 238 [E.D. In this case, estoppel has already set in. 29 In its petition, SJDH claimed that as opposedto Edmer’s white blood cell (WBC) profile. In this case, we shall limit the determination of the hospital’s apparent authority to Dr. Casumpang, in view of our finding that Dr. Sanga is not liable for negligence. The doctor (or the hospital or the clinic) I went to did not have a license. The Court further enunciated that it is not critical whether a medical expert is a general practitioner or a specialist so long as he exhibits knowledge of the subject. Dr. Casumpang’s acceptance is implied from his affirmative examination, diagnosis and treatment of Edmer. Jane Clark, Medical malpractice Attorney on Dec 2, 2013 Relationship: Opposing Counsel on matter. Dr. Jaudian’s testimony strongly suggests that due to Dr. Casumpang’s failure to timely diagnose Edmer with dengue, the latter was not immediately given the proper treatment. At around 11:30 in the morning of April 23, 1988, Edmer vomited "phlegm with blood streak"15 prompting the respondent (Edmer’s father) to request for a doctor at the nurses’ station.16 Forty-five minutes later, Dr. Ruby Miranda-Sanga (Dr. Sanga), one of the resident physicians of SJDH, arrived. (Emphasis supplied). Thus, her use of health care plan in this case only limited the choice of doctors (or coverage of services, amount etc.) A decade later, Centman v. Cobb,78 affirmed the Jenkins ruling and held that interns and first-year residents are "practitioners of medicine required to exercise the same standard of care applicable to physicians with unlimited licenses to practice." As pointed out in Nogales, the hospital need not make express representations to the patient that the physician or independent contractor is an employee of the hospital; representation may be general and implied.102. On average a medical malpractice claim costs more than $27,000 to defend. 693, 709 (1999). However, in determining the legal question of whether the respondent is entitled to claim damages under Article 2176 of the Civil Code for the petitioners’ alleged medical malpractice, the determination of the factual issues – i.e., whether the petitioning doctors were grossly negligent in diagnosing the patient’s illness, whether there is causal relation between the petitioners’ act/omission and the patient’s resulting death, and whether Dr. Jaudian is qualified as an expert witness– must necessarily be resolved. WHAT IS A RETAINER FEE? SJDH did not control their diagnosis and treatment. He is a strong advocate for his clients and achieves great results for them while remaining professional and courteous with opposing counsel., It is a pleasure working with Phil and I would highly recommend him. Interestingly in this case, Dr. Jaudian, the expert witness was admittedly not a pediatrician but a practicing physician who specializes in pathology.87 He likewise does not possess any formal residency training in pediatrics. Upon seeing Dr. Sanga, the respondent showed her Edmer’s blood specimen, and reported that Edmer had complained of severe stomach pain and difficulty in moving his right leg.19. (Citations omitted), In the case and the facts before us, we find that Dr. Jaudian is competent to testify on the standard of care in dengue fever cases.1avvphi1. )A breach of any of these duties makes the clinic directly liable. Failure to … The court held that: It is well established that "the testimony of a qualified medical doctor cannot be excluded simply because he is not a specialist x x x." 872, 876, Nov. 18, 1997.)4. MEDICAL MALPRACTICE, which is a form of negligence, consists in the failure of a physician or surgeon to apply to his practice of medicine that degree of care and skill which is ordinarily employed by the profession generally, under similar conditions, and … The doctor accordingly becomes duty-bound to use at least the same standard of care that a reasonably competent doctor would use to treat a medical condition under similar circumstances. Use FindLaw to hire a local medical malpractice lawyer near you to represent you in your medical malpractice dispute. 167366, September 26, 2012, 682 SCRA 18. In fact, when she suspected – during Edmer’s second episode of bleeding– that Edmer could be suffering from dengue fever, she wasted no time in conducting the necessary tests, and promptly notified Dr. Casumpang about the incident. In this case, before Dr. Sanga attended to Edmer, both Dr. Livelo and Dr. Casumpang had diagnosed Edmer with bronchopneumonia. (Garcia, Jr. v. Salvador, G.R. Medical malpractice cases can take on many forms, with multiple causes and a wide variety of results. No. Q: Now, in the first meeting you had, when that was relayed to you by the father that Edmer Cortejo had coughed out blood, what medical action did you take? It claimed that based on Edmer's signs and symptoms at the time of admission (i.e., one day fever,28 bacterial infection,29 and lack of hemorrhagic manifestations30), there was no reasonable indication yet that he was suffering from dengue fever, and accordingly, their failure to diagnose dengue fever, does not constitute negligence on their part. In Spouses Flores v. Spouses Pineda,63 a case involving a medical malpractice suit, the Court ruled that the petitioner doctors were negligent because they failed to immediately order tests to confirm the patient’s illness. Her testimony states: Q: Let us get this clear, you said that the father told you the patient cocked [sic] out phlegm. However, these information did not lead Dr. Casumpang to the possibility that Edmer could be suffering from either dengue fever, or dengue hemorrhagic fever, as he clung to his diagnosis of broncho pneumonia. What are the guidelines in qualifying an expert witness? Board Examination Certificate showing that she passed the board, examination; ii. . Medical malpractice is a particular form of negligence which consists in the failure of a physician or surgeon to apply to his practice of medicine that degree of care and skill which is ordinarily employed by the profession generally, under similar conditions, and in like surrounding circumstances. No.172551, January 15, 2014, 713 SCRA 370, 379. It ruled that the relationship was formed because of the doctor’s affirmative action. A: In the evening of April 23, 1988, I stayed in the hospital and I was informed by the pediatric resident on duty at around 11:15 in the evening that the blood pressure of the patient went down to .60 palpatory. 48 42 SW3d 168 (Tex App- Houston 1st Dist 2001). Health care in the Philippines, overall, can be considered to be of good standard. Nursing home staff failing to provide water or food to a resident for several days. The RTC also held SJDH solidarily liable with the petitioning doctors for damages based on the following findings of facts: first, Dr. Casumpang, as consultant, is an ostensible agent of SJDH because before the hospital engaged his medical services, it scrutinized and determined his fitness, qualifications, and competence as a medical practitioner; and second, Dr. Sanga, as resident physician, is an employee of SJDH because like Dr. Casumpang, the hospital, through its screening committee, scrutinized and determined her qualifications, fitness,and competence before engaging her services; the hospital also exercised control over her work. Suspecting that he could be afflicted with dengue, she inserted a plastic tube in his nose, drained the liquid from his stomach with ice cold normal saline solution, and gave an instruction not to pull out the tube, or give the patient any oral medication. In sum, Dr. Casumpang failed to timely detect dengue fever, which failure, especially when reasonable prudence would have shown that indications of dengue were evident and/or foreseeable, constitutes negligence. A retainer can be a recurring monthly payment or a single advance payment for the rendering of legal services. 168512, March 20, 2007. As the term is used, the suit is brought whenever a medical practitioner or health care provider fails to meet the standards demanded by his profession, or deviates from this standard, and causes injury to the patient. the happening of an injury permits an inference of negligence where plaintiff produces substantial evidence that [the] injury was caused by an agency or instrumentality under [the] exclusive control and management of defendant, and that the occurrence [sic] was such that in the ordinary course of things would not happen if reasonable care had been used. The evidence strongly suggests that he ordered a transfusion of platelet concentrate instead of blood transfusion. Medical Malpractice Defined - failure of a physician to apply to his practice of medicine that degree of care and skill which is ordinarily employed by the profession generally, under similar conditions, and in like surrounding circumstances. Where a duly licensed and practicing physician has gained knowledge of the standard of care applicable to a specialty in which he is not directly engaged but as to which he has an opinion based on education, experience, observation, or association wit that specialty, his opinion is competent. There is No Employer-Employee Relationship, In determining whether an employer-employee relationship exists between the parties, the following elements must be present: (1) selection and engagement of services; (2) payment of wages; (3) the power to hire and fire; and (4) the power to control not only the end to be achieved, but the means to be used in reaching such an end.97. A: Nothing. 2180 of the Civil Code (respondeat superior).The obligation imposed by article 2176 is demandable not only for one’s own acts or omissions, but also for those of persons for whom one is responsible x x x Employers shall be liable for the damages caused by their employees x x x acting within the scope of their assigned tasks, even though the former are not engaged in any business or industry x x x The responsibility treated of in this article shall cease when the persons herein mentioned prove that they observed all the diligence of a good father of a family to prevent damage.The clinic is also vicariously liable under the doctrine of Apparent Authority, also known as the Holding Out Theory, the doctrine of Ostensible Agency, and the doctrine of Agency by Estoppel. Based on the records, the respondent relied on SJDH rather than upon Dr. Casumpang, to care and treat his son Edmer. You must show that you had a physician-patient relationship with the doctor you are suing -- this means you hired the doctor and the doctor agreed to be hired. The amounts of ₱45,000.00 as actual damages and ₱500,000.00 as moral damages should each earn legal interest at the rate of six percent (6%) per annum computed from the date of the judgment of the trial court. 73 A physician or surgeon on the staff of a hospital, regularly visiting and treating patients, and often supervising students, fellows, and the house staff; Merriam-Webster’s Medical Dictionary, p. 58. He claims that his initial diagnosis of bronchopneumonia was supported by the chest x-ray result. 106-107). The CA likewise found Dr. Rodolfo Jaudian’s (Dr. Jaudian) testimony admissible. She was thereafter referred to Dr. Casumpang, who is also accredited with Fortune Care. SJDH Clothed Dr. Casumpang With Apparent Authority. 171228, pp. The clinic has the “duty to exercise reasonable care to protect from harm all patients admitted into its facility for medical treatment.” (Professional Services, Inc. v. Agana, G.R. 2008].) and not the liability of doctors or the hospital. 171228, pp. This connection must be direct, natural, and should be unbroken by any intervening efficient causes. This is often the case in medical malpractice suits because of a number of reasons which include the medical professional's expertise in dealing with the matter; the availability and awareness of the patients previous medical history including allergies, prior treatment, etc; and often the sedation of the patient at the time that the medical malpractice occurs. (Lucas v. Tuaño, G.R. Furthermore, Edmer’s Complete Blood Count (CBC) showed leukopenia and an increase in balance as shown by the differential count, demonstrating that Edmer’s infection, more or less, is of bacterial and not viral in nature. 71 Residency is a period of advanced medical training and education that normally follows graduation from medical school and licensing to practice medicine and that consists of a specialty in a hospital and in its outpatient department and instruction from specialists on the hospital staff. The court then concluded that there is no reason to exempt hospitals from the universal rule of respondeat superior. Its health care professionals receive training from well-known Universities both locally and world-wide. Medicine within its walls ; 3 when under the vicarious liability ; and iii ;. Vs. NELSON Cortejo, respondent, 454, Dec. 18, 2008, citing reyes v. Sisters …! Plaintiffs and the Resolution dated January 12, 2006 in CA-G.R his and. 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