Damages Flashcards
May be recovered for breach of some duty or
violation of some right. Must be sufficiently proven by evidence in order to
determine amount
Damages
Right to (recover medical and hospital expenses) even though patient has been indemnified by an insurance company
Doctrine of certainty damages
2 Article bases of damages are
- Art. 20, NCC
2. Art. 2176 NCC
Any person who, contrary to law,
willfully or negligently causes damages to another shall indemnify the latter for the same
Art. 20, NCC
Whoever, by act or omission, causes
damage to another, there being fault or negligence,
is obliged to pay for the damage done
Art. 2176 NCC
6 Types of damages are:
(MENTAL) - a type of damage
- Actual or compensatory
- Moral
- Exemplary
- Nominal
- Liquidated
- Temperate
One is entitled to an _____ only for such pecuniary loss suffered by him as he has duly
proved.
adequate compensation
can only be awarded if
admissible proofs or receipts are presented
Compensatory damages
A kind of compensatory damage (for loss already suffered)
Dano emergente
A kind of compensatory damage for (failure to receive benefit) which would have belong to him
Lucro cesante
Example of Dano emergente
medical expenses due to accident
Example of lucro cesante
not able to go to work due to accident
can be expected by the defendant
given the type of injury
General damages
5 Examples of general damages are
- Death
- Disability
- Loss of earning capacity
- Loss of service of the spouse
- Loss of support
Not ordinarily anticipated by the defendant. Natural but not necessarily a consequence of the accident in question
Special damages
Types of special damages are:
- Past and future medical expenses
- Past and future loss of income
- Helper expense
- Funeral expenses
- Unusual injuries
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.
Art. 2206, Civil Code
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
3000.00
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.
Article 291
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
Art. 2206, Civil Code
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
People v. Pantoja, and Villa Rey Transit v. Court of Appeals,
Loss of earning capacity may be
temporary or permanent. It may also be partial or complete.
the formula used to calculate damages is percentage of loss of earning capacity times the annual earning times the number of years of impairment.
partial or temporary loss of earning capacity
The plaintiff was permanently injured as a result of the negligence of the defendant. The plaintiff was entitled to recover damages for (These 3)
(1) the loss of time and earning
(2) the loss of Capacity to earning
(3) the loss of future earnings
can be proven in court through testimony or
by receipts so that the court can determine the amount
with mathematical certainty
Medical, surgical, hospital, nursing, and other related expenses
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 ____
That the expenses are really sustained and that they reasonable and necessary
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?
Medical related expense
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 ____
liable for financial damages for services of such assistant or helper.
The value of every funeral shall be in keeping with the
______ and in accordance with the ____
social position of the deceased; expressed
wishes of the deceased
Article stating that In the absence of such expression, his religious beliefs or affiliation shall determine the funeral rites
Art. 307, Civil Code
The ______ of the patient must be taken into consideration in the
assessment of damages
effect of the injury on the health and life span
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?
Shortening life expectancy
include physical suffering, mental
anguish, fright, serious anxiety, besmirched reputation,
wounded feelings, moral shock, social humiliation and
similar injury
Moral damages
In Art. 2219, Civil Code, moral damages may be recovered in the 2 following and analogous cases:
- A criminal offense
- Quasi-delict
(Both causing physical damage)
estimated value of pain and suffering per day times the number of days the victim
will suffer
Per diem method
to call on the judge to determine (how much the damage he wishes to receive) whenever (he is the plaintiff in the lawsuit)
Golden rule method
6 Types of moral damages (G2K)
- Physical suffering
- Mental anguish
- Besmirched reputation
- Wounded feelings
- Moral shock
- Social humiliation
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.
Physical suffering
Bodily pain infers ___ since mental suffering
is regarded as an ordinary accompaniment of physical
pain.
mental anguish
Physician _____ to the nature of the plaintiff’s injury which ordinarily such injury causes moderate or severe pain.
Cannot Testify
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
ART. 2229, CIVIL CODE
In criminal offenses, exemplary damages as part of the
civil liability may be imposed when ___
the crime was
committed with one or more aggravating circumstances
Punitive or exemplary damages are ____ over and above actual or compensatory damages awarded as punishment or deterrence
monetary compensation
(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.
Art. 2221, Civil Code
Article stating that (liquidated damages) are those agreed upon by the parties to a contract, to be paid in case of breach thereof.
Art. 2226, Civil Code
more than nominal, less than compensatory
Temperate damages
As to how much the plaintiff will receive as damages will depend upon ______
discretion of the court.=
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.
The injured party
5 Points needing (consideration when tackling excessive or inadequate damages)
- Award in similar cases involving equally serious injuries
- Facts peculiar to the particular case
- Changing economic condition and value of the peso
- The nature and extent of the plaintiff injuries
- Pecuniary loss sustained
_____________________________ - Award in similar case
- Weird facts
- Value of the money
- Nature of the injuries
- Monetary loss sustained
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.
DOCTRINE OF AVOIDABLE CONSEQUENCE
WHO MAY RECOVER THE DAMAGES SUSTAINED? (CIVIL CODE)
- Patient
- Spouse
- Children
- Parent, if injured is a minor
- Siblings
- Heirs and other successors
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.
Art. 2208, Civil Code
An attorney shall be entitled to have and recover from his client no more than a reasonable compensation for his services.
Compensation of Attorneys
The following are trends in malpractice liability
damages
- Increase in civil suits for damages
2. Increase in amount of damage award by courts
Example of nominal damage
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
Example of liquidated damage
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
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?
Physical disability
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?
Physical disability
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?
Physical disability
The development of a disfiguring and deforming scar is
a ground for damages is an example of what?
Physical disability
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?
LOSS OF EARNING CAPACITY
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?
Loss of earning capacity
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?
UNUSUAL PHYSICAL AND MENTAL CONSEQUENCES OF THE INJURY
