Torts
Torts
Torts
Ki nd r
Medical Malpractice
This is a particular form of negligence which consist in the
failure of 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.
-Reyes, et al. vs. Sister of Mercy Hospital, et al. GR No. 130547, Oct. 3, 2000
Is it exclusive to Physicians and
Surgeons?
No.
EXCEPTION:
Where a job applicant or employee us examined by
the doctor engaged by the employer, there is no
doctor-patient relationship between the Physician
and the examinee.
Elements
1. Duty
2. Breach
3. Injury
4. Proximate causation
Garcia- Rueda vs. Pascasio, et al., GR No. 118141, Sept. 5, 1997
Examples of Breaches
-inadequacy of facilities, lack of provisions, untidiness of the clinic and
failure to conduct pre-operation tests on the patient.
-the act of seeing the patient for the first time only an hour before the
scheduled operative procedure.
-failure to consider the patient‟s high blood sugar and subjecting the
patient to an evaluative procedure which caused the patient‟s death due
to complications from diabetes.
Factors to consider
1. The state of medical or surgical science at
the time
2. The locality in which the physician
practices
3. The general rules and principles of the
particular school of medicine which he
follows
4. The nature of the case and the condition of
the patient
Diligence required
Generally, to use at least the same level of care that any other
reasonably competent doctor would se to treat a condition under
the same circumstances.
2. The thing which caused the injury was under the control and
management of the defendant
3. The occurrence was such that in the ordinary course of the thing,
would have not happened if those who had control or management
used proper care
2. Exercised due
diligence