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Medical jurisprudence > Damages > Flashcards

Damages Flashcards

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USMLE® Step 1 flashcards
1
Q

May be recovered for breach of some duty or
violation of some right. Must be sufficiently proven by evidence in order to
determine amount

A

Damages

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2
Q

Right to (recover medical and hospital expenses) even though patient has been indemnified by an insurance company

A

Doctrine of certainty damages

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3
Q

2 Article bases of damages are

A
  1. Art. 20, NCC

2. Art. 2176 NCC

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4
Q

Any person who, contrary to law,

willfully or negligently causes damages to another shall indemnify the latter for the same

A

Art. 20, NCC

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5
Q

Whoever, by act or omission, causes
damage to another, there being fault or negligence,
is obliged to pay for the damage done

A

Art. 2176 NCC

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6
Q

6 Types of damages are:

A

(MENTAL) - a type of damage

  1. Actual or compensatory
  2. Moral
  3. Exemplary
  4. Nominal
  5. Liquidated
  6. Temperate
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7
Q

One is entitled to an _____ only for such pecuniary loss suffered by him as he has duly
proved.

A

adequate compensation

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8
Q

can only be awarded if

admissible proofs or receipts are presented

A

Compensatory damages

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9
Q

A kind of compensatory damage (for loss already suffered)

A

Dano emergente

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10
Q

A kind of compensatory damage for (failure to receive benefit) which would have belong to him

A

Lucro cesante

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11
Q

Example of Dano emergente

A

medical expenses due to accident

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12
Q

Example of lucro cesante

A

not able to go to work due to accident

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13
Q

can be expected by the defendant

given the type of injury

A

General damages

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14
Q

5 Examples of general damages are

A
  1. Death
  2. Disability
  3. Loss of earning capacity
  4. Loss of service of the spouse
  5. Loss of support
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15
Q

Not ordinarily anticipated by the defendant. Natural but not necessarily a consequence of the accident in question

A

Special damages

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16
Q

Types of special damages are:

A
  1. Past and future medical expenses
  2. Past and future loss of income
  3. Helper expense
  4. Funeral expenses
  5. Unusual injuries
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17
Q

Article stating that The amount of damages for death caused by a crime or quasi-delict shall be at least (three thousand pesos), even though there may have been mitigating circumstances.

A

Art. 2206, Civil Code

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18
Q

The minimum value of human life is ____ and no court can award a damage less than the amount in spite
of the presence of some mitigating circumstances

A

3000.00

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19
Q

Article that states If the deceased was obliged to give support the recipient (who is not an heir called to the decedent’s inheritance) by the law of testate or intestate succession, may demand support from the person causing the death, for a period not exceeding five years, the exact duration to be fixed by the court.

A

Article 291

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20
Q

Article that states (The spouse, legitimate and illegitimate descendants and ascendants) of the deceased may demand moral damages for mental anguish by reason of the death of the deceased

A

Art. 2206, Civil Code

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21
Q

What case changed the minimum amount of compensation for the death of a person when there is no proof of
special damages is P12,000.00

A

People v. Pantoja, and Villa Rey Transit v. Court of Appeals,

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22
Q

Loss of earning capacity may be

A

temporary or permanent. It may also be partial or complete.

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23
Q

the formula used to calculate damages is percentage of loss of earning capacity times the annual earning times the number of years of impairment.

A

partial or temporary loss of earning capacity

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24
Q

The plaintiff was permanently injured as a result of the negligence of the defendant. The plaintiff was entitled to recover damages for (These 3)

A

(1) the loss of time and earning
(2) the loss of Capacity to earning
(3) the loss of future earnings

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25
Q

can be proven in court through testimony or
by receipts so that the court can determine the amount
with mathematical certainty

A

Medical, surgical, hospital, nursing, and other related expenses

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26
Q

In medical malpractice suits, the expenses incurred or paid by the plaintiff for medical, surgical hospital, nursing services, and medicine can be bases for damages provided ____

A

That the expenses are really sustained and that they reasonable and necessary

27
Q

The injured person is entitled to recover for medical or nursing services rendered to him, even if gratuitous or paid by a third party is an example of what?

A

Medical related expense

28
Q

If, as a consequence of the wrongful act of the physician, the patient became crippled or a “vegetable” which requires personal assistance in the course of his normal
life, the negligent physician must be ____

A

liable for financial damages for services of such assistant or helper.

29
Q

The value of every funeral shall be in keeping with the

______ and in accordance with the ____

A

social position of the deceased; expressed

wishes of the deceased

30
Q

Article stating that In the absence of such expression, his religious beliefs or affiliation shall determine the funeral rites

A

Art. 307, Civil Code

31
Q

The ______ of the patient must be taken into consideration in the
assessment of damages

A

effect of the injury on the health and life span

32
Q

Where damages are claimed for loss of earning capacity of the deceased, who was 30 years old at the time of his death, and according to the American Experience Table for Mortality, had a life expectancy of 20.9 years, the court may reasonably ignore this duration as its basis and limit its scope for four years. This is an example of what?

A

Shortening life expectancy

33
Q

include physical suffering, mental
anguish, fright, serious anxiety, besmirched reputation,
wounded feelings, moral shock, social humiliation and
similar injury

A

Moral damages

34
Q

In Art. 2219, Civil Code, moral damages may be recovered in the 2 following and analogous cases:

A
  1. A criminal offense
  2. Quasi-delict

(Both causing physical damage)

35
Q

estimated value of pain and suffering per day times the number of days the victim
will suffer

A

Per diem method

36
Q

to call on the judge to determine (how much the damage he wishes to receive) whenever (he is the plaintiff in the lawsuit)

A

Golden rule method

37
Q

6 Types of moral damages (G2K)

A
  1. Physical suffering
  2. Mental anguish
  3. Besmirched reputation
  4. Wounded feelings
  5. Moral shock
  6. Social humiliation
38
Q

includes fright and shock at the time of injury, pain during the treatment, fear of future incapacity, humiliation on account of disfigurement, and in case of pregnant woman, and the apprehension that the child will be born disfigured.

A

Physical suffering

39
Q

Bodily pain infers ___ since mental suffering
is regarded as an ordinary accompaniment of physical
pain.

A

mental anguish

40
Q

Physician _____ to the nature of the plaintiff’s injury which ordinarily such injury causes moderate or severe pain.

A

Cannot Testify

41
Q

Article indicating that the Exemplary or (corrective damages are imposed, by way of example or correction for the public good), in addition to the moral, temperate, liquidated, or compensatory damages

A

ART. 2229, CIVIL CODE

42
Q

In criminal offenses, exemplary damages as part of the

civil liability may be imposed when ___

A

the crime was

committed with one or more aggravating circumstances

43
Q

Punitive or exemplary damages are ____ over and above actual or compensatory damages awarded as punishment or deterrence

A

monetary compensation

44
Q

(nominal damages are adjudicated in order that a right of the plaintiff), which has been violated or invaded by the defendant, may be vindicated or recognized, and not for the purpose of indemnifying the plaintiff for any loss suffered by him.

A

Art. 2221, Civil Code

45
Q

Article stating that (liquidated damages) are those agreed upon by the parties to a contract, to be paid in case of breach thereof.

A

Art. 2226, Civil Code

46
Q

more than nominal, less than compensatory

A

Temperate damages

47
Q

As to how much the plaintiff will receive as damages will depend upon ______

A

discretion of the court.=

48
Q

is obliged to minimize as much as
possible the damages suffered by him and is required to
take such steps as an ordinary prudent person would
reasonably adopt for his own interest.

A

The injured party

49
Q

5 Points needing (consideration when tackling excessive or inadequate damages)

A
  1. Award in similar cases involving equally serious injuries
  2. Facts peculiar to the particular case
  3. Changing economic condition and value of the peso
  4. The nature and extent of the plaintiff injuries
  5. Pecuniary loss sustained
    _____________________________
  6. Award in similar case
  7. Weird facts
  8. Value of the money
  9. Nature of the injuries
  10. Monetary loss sustained
50
Q

Injured should use means reasonable under the circumstances to avoid or minimize the damage. Person wronged cannot recover for any injury that could
have been avoided.

A

DOCTRINE OF AVOIDABLE CONSEQUENCE

51
Q

WHO MAY RECOVER THE DAMAGES SUSTAINED? (CIVIL CODE)

A
  1. Patient
  2. Spouse
  3. Children
  4. Parent, if injured is a minor
  5. Siblings
  6. Heirs and other successors
52
Q

Article stating the Attorney’s fees and other related expenses in litigation, other than judicial cost, are not as rule recoverable except when the law specifically provides.

A

Art. 2208, Civil Code

53
Q

An attorney shall be entitled to have and recover from his client no more than a reasonable compensation for his services.

A

Compensation of Attorneys

54
Q

The following are trends in malpractice liability

damages

A
  1. Increase in civil suits for damages

2. Increase in amount of damage award by courts

55
Q

Example of nominal damage

A

Slapping or shouting at someone (minimal damage) fines for 200 pesos
or
Person A kicks a pig which cases it to squeal hence waking person B (Minimal damage) the fine is 100 pesos

56
Q

Example of liquidated damage

A

Delayed delivery or failure of delivery by LBC
or
When a contractor of a house does not finish it within the agreed upon date on the contract must pay for each day after the agreed date

57
Q

If, on account of the negligence of the surgeon, the patient developed numbness and stiffness of the hand because of nerve injury, the deformity which resulted was a proper basis of recovery of damages is an example of what?

A

Physical disability

58
Q

An award for the permanent injury to a finger resulting to permanent loss of power of extension and disability caused by the malpractice of a physician is justified is an example of what?

A

Physical disability

59
Q

The plaintiff suffered amputation of the finger following
ulcer resulting from radiation or x-ray burns is a basis for
the recovery of damages is an example of what?

A

Physical disability

60
Q

The development of a disfiguring and deforming scar is

a ground for damages is an example of what?

A

Physical disability

61
Q

The diminution of one’s capacity to earn money is a distinct element of damage and the measure of such
damage involves numerous considerations including earnings before the injury and earnings in the future, considering the capacity of the injured party and effects of sickness and old age. Is an example of what?

A

LOSS OF EARNING CAPACITY

62
Q

The plaintiff was an accomplished concert violinist. She was able to recover substantial damages for the loss of her professional career although her ability to pursue many areas of gainful employment would have been unimpaired is an example of what?

A

Loss of earning capacity

63
Q

The plaintiff, in an action for damages for malpractice, has been suffering a previous disability or infirmity before the malpractice act was committed. The plaintiff is entitled to recover only to the extent that his infirmity was increased or aggravated by the alleged malpractice of the physician-defendant is an example of what?

A

UNUSUAL PHYSICAL AND MENTAL CONSEQUENCES OF THE INJURY

Medical jurisprudence (14 decks)

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