MEDICAL MALPRACTICE (b) the duty based upon the adept use of such medical

(TORTS AND DAMAGES) facilities, services, and equipment and options as are
reasonably available.
Criminal liability for medical negligence may be, however,
brought under Article 365 of the Revised Penal Code (criminal 1.08. RES IPSA LOQUITUR.
imprudence and negligence). The elements of reckless Medical malpractice can also be established by relying on
imprudence are: the doctrine of res ipsa loquitur. In cases involving medical
negligence, the doctrine of res ipsa loquitur allows the mere
(1) that the offender does or fails to do an act; existence of an injury to justify a presumption of negligence
(2) that the doing or the failure to do that act is voluntary; on the part of the person who controls the instrument
(3) that it be without malice; causing the injury, provided that the following requisites
(4) that material damage results from the reckless concur:
imprudence; and (1) The accident is of a kind which ordinarily does not occur
(5) that there is inexcusable lack of precaution on the part in the absence of someone's negligence;
of the offender, taking into consideration his employment or 2) It is caused by an instrumentality within the exclusive
occupation, degree of intelligence, physical condition, and other control of the defendant or defendants; and
circumstances regarding persons, time and place. 3) The possibility of contributing conduct which would make
the
The elements of simple imprudence are as follows.
c. Elements of Liability.
1. that there is lack of precaution on the part of the The presence of doctor-client relationship must be
offender; and established before the doctrine of informed consent can be
2. that the damage impending to be caused is not applied. In addition to this, the Supreme Court ruled that the
immediate of the danger is not clearly manifest. plaintiff must establish of informed consent: four essential
elements in a malpractice action based on the doctrine
The proximate cause of an injury is that cause which, in natural (1) The physician had a duty to disclose material risks;
and continuous sequence, unbroken by any efficient (2) The physician failed to disclose or inadequately
intervening cause, produces the injury and without which the disclosed those risks;
result would not have occurred. (Jarcia, Jr. v. People, 666 (3) As a direct and proximate result of the failure to disclose
SCRA 336 (2012) consented to; and patient consent to treatment she
otherwise would not have
negligence suits require proof that a party failed to observe, for (4) The plaintiff was injured by the proposed treatment.
the protection of the interest of another person, that degree of
care, precaution, and vigilance which the circumstances justly "The corporate negligence doctrine imposes several duties
demand, whereby such other person suffers injury. on a hospital:
(i) to use reasonable care in the maintenance of
In its simplest terms, the type of lawsuit which has been safe and adequate facilities and equipment;
called medical malpractice or, more appropriately, medical (ii) (ii) to select and retain only competent
negligence, is that type of claim which a victim has available physicians;
to him or her to redress a wrong committed by a medical (iii) (iii) to oversee as to patient care all persons
professional which has caused bodily harm. In order to who practice medicine within its walls; and
successfully pursue such a claim, (iv) (iv) to formulate, adopt, and enforce adequate
1. a patient must prove that a health care provider, in most rules and policies to ensure quality care for its
cases a physician, patients.
2. either failed to do something which a reasonably
prudent health care provider would have done, or These special tort duties arise from the special relationship
3. that he or she did something that a reasonably prudent existing between a hospital or nursing home and its
provider would not have done; and patients, which are based on the vulnerability of the
4. that that failure or action caused injury to the patient. physically or mentally ill persons and their inability to
provide care for themselves."
Hence, there are four elements involved in medical
negligence cases: duty, breach, injury and proximate
causation.

"The duty of care, as it thus emerges from considerations of

reason and fairness, when applied to the facts of the world
of medical science and practice, takes two forms:
(a) a duty to render a quality of care consonant with the level
of medical and practical knowledge the physician may
reasonably be expected to possess and the medical
judgment he may be expected to exercise; and