Liabilities Flashcards
3 Classification of Liabilities
- Administrative liability
- Civil liability
- Criminal liability
Cases are not heard in the regular courts, but in quasi-judicial bodies /administrative bodies (e.g. PRC, DOLE, LTFRB).
Administrative liability
Act or omission constitutes a crime. There has to be a law that defines such act or omission
and provides punishment.
Criminal liability
Derived from the
anti-child abuse law of the US
RA 7610 (Anti-Child Abuse Law)
3 Penalties for criminal liabilities
- Imprisonment
- Fine
- Both
to compensate the patient for the injury suffered May be due to wrongful act or breach of contract
Civil Liabilities
REASONS FOR INCREASE IN FREQUENCY OF CASES
- Family physicians are disappearing
- Unethical Coaching
- Communication issues
- Media Disservice
- Malpractice
- Incompetence
- Proliferate unknown drugs
- Patient management
Article for Imprudence and Negligence
Art. 365 under revised penal code
Article for Every person who, contrary to law, willfully or negligently causes damage to another, shall indemnify the latter for the same
Art. 20 under revised penal code
Article for Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done
Art. 2176 under revised penal code
Section stating that Any of the following shall be sufficient ground for reprimanding a physician, for suspension or revoking a certificate of registration
as physician
Sec. 24 under Medical act of 1959
ignorance or incompetence in the practice of his or her profession resulting in an injury or death of the patient
Gross negligence
Physician’s license may be revoked if he issues a false medical certificate and at the same time be a ground for a criminal action for the same when issued in connection with the practice of his profession
Art. 174, Revised Penal Code
A physician may be administratively charged in the Board of Medicine for performing or aiding in
criminal abortion and said act is also punishable
under Art
Art. 259 of the Revised Penal Code
number one cause of cases against physicians
Immorality
At present, PRC applies ______ in which there will be no hearing. Both sides are just required to submit documents containing facts, evidences, and claims
“decision by memorandum”
5 Characteristics of administrative liability proceedings are as follows
- Assumption of innocence
- Evidence on ground charged is preponderance of evidence.
- Respondent physician has the right to be represented by counsel
- Decision of BOM becomes final 30 days
- The BOM may order reinstatement of the physician after 2 years if they are good
_____________________________ - Assume innocence
- Ground charge is the bulk of evidence
- Physician has right to be represented
- BOM decision 30 day final
- BOM can put doctor back after 2 years
Who can file a complaint under administrative liability
Patient or next of kin
Where to file complaint under administrative liability
BOM or PRC
must be in writing and under oath. Within 5 days, the respondent physician shall be provided a copy of the complaint
Verified Complaint
is how you are being informed
Summons
Summons may be delivered to the respondent _____ or _____
personally or by mail
Summons can also be posted in ____ if respondent’s address is _____
Newspapers, unknown
Can secretaries accept summons?
No
4 RIGHTS OF RESPONDENTS
- Right to be heard
- Right to know who is accusing him
- Right to be made aware of the charges against him
- Right to cross-examine the complain
3 RIGHTS PROVIDED FOR THE MEDICAL ACT OF 1959
- Right to be represented by the counsel
- Right to a speedy and public hearing
- Right to confront and cross-examine witnesses
4 RIGHTS PROVIDED FOR BY THE RULES AND REGULATIONS
• Right to be represented by the counsel
• A speedy and public hearing
• Confront and to cross-examine witnesses
• Parties may appear personally of with the aid of counsel
_______________________________
1. Right to be represented
2. Right to fast hearing
3. Right to cross examine witness
4. Right for party to appear by themselves or with counsel
9 Rights of Defendant in trial
- Presumed innocent
- Be present and defend in person
- Be informed of the nature of the accusation
- Testify as witness in his own behalf
- Exempted from being a witness against himself
- Confront and cross-examine
- Compulsory process
- Speedy and public trial
- Right to appeal in all cases authorized by law
GROUNDS FOR REPRIMAND OR REVOCATION PROVIDED IN SECTION 24 OF THE MEDICAL ACT OF 1959
- Personal disqualification
- Criminal acts
- Unprofessional conduct
Section 24 of the Medical Act of 1959 ,grounds for administrative action
Criminal acts
Section 24 of the Medical Act of 1959 Immoral/ dishonorable conduct, Intellectual and moral incompetence, and Insanity
PERSONAL DISQUALIFICATION
Criminal acts involved under Section 24 of the Medical Act of 1959
- Moral turpitude conviction
- Fraud
- criminal abortion
- False med cert
- Dummy
any ad which tends to
deceive or mislead that public
False advertisements
use of expensive,
elaborate, and oversized announcement in
newspaper or in billboards may be immoral, if not
unethical for a physician
Extravagant advertisements
Advertisement that violates the Code of Ethics (p. 189)
Unethical advertisements
act of baseness, vileness or depravity in private and social duties
Moral turpitude
Certificate of registration administratively revoked may
be reinstated by Board of Medicine after ___ years
2
3 Procedure and order of hearings in the Board of Medicine
- Parties may appear personally or with counsel.
- No postponement shall last more than 10 days.
- BOM shall grant not more than 2 postponements for each party.
_____________________ - Parties can be by themselves or with counsel
- Postponement <10 days
- <2 postponement per party
If respondent did not appear, this may be declared _____ and the BOM shall proceed to ____ of complainant
default, cross-examination
This should be made in writing signed by majority of members. State clearly and distinctly the facts and the law on which it is based
DECISIONS
Losing party can file _____ within ___ days of receipt of decision unless board
considers for special reasons
motion for reconsideration (MR), 30
How many motion for reconsideration (MR) can be filed at a time?
1
3 Grounds for motion for reconsideration
- FAME (fraud, accident, mistake, excusable
negligence) - Newly evidence
- Excessive penalty
a writ or order by which a higher court reviews a decision of a lower court
Certiorari
Presidential Decree issued by Pres. Marcos
during the time of Martial Law that mandates
all physicians who treats serious or less serious physical injuries to report case to the nearest
authority using the fastest means of
communication available
Presidential Decree 169 – notification of authorities
Child and Youth Welfare Code
Presidential Decree 603
Special Protection of Children Against Child
Abuse, Exploitation and Discrimination
RA 7610
7 CHARACTERISTICS OF CRIMINAL CASES
• In the name of the People of the Philippines • Filed and tried in court • Proof beyond reasonable doubt • Presumption of Innocence • Right to Appeal • Imprisonment and/or fine • License may be revoked \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 1. In da name of da pipol 2. Tried in court 3. He is the ONE!!! No doubt! 4. Assumed innocence's 5. Right to appeal 6. Prisoned 7. Revoked license
5 PROVISIONS WHICH SPECIFICALLY MENTIONS PHYSICIAN AS WRONGDOER
- Issued false medical certificate
- Abortion
- Simulation of birth
- Did not report treatment
- Refusal to treat in emergency cases
2 Civil liabilities
- Breach of Contract
* Tort (Quasi delict or breach of legal duty)
4D’S OF MEDICAL MALPRACTICE
- Duties
- Derelict
- Damage
- Direct
lack of care and failure to exercise skill
which he possesses or attempt to exercise skill he does not possess
Negligence
absence of knowledge. Ground for reprimand, suspension, or revocation of COR
Ignorance
IS THE PROXIMATE CAUSE OF INJURY SUSTAINED
FAILURE TO PERFORM
Natural and probable
consequence
Direct physical connection
2 TEST TO DETERMINE CAUSAL LINK
- “but for” or “sine qua non” test
* “substantial factor” test
The degree of care, attention, diligence or vigilance ordinarily exercised by those physicians in the application of the skill.
PHYSICIAN’S STANDARD OF CARE
3 ELEMENTS OF STANDARD OF CARE RULES
- Locality Rule
- Similarity Locality Rule
- Nationality Rule
3 inherent powers of the state
- Power of taxes
- Power of domain
- Power of Police
If complaint did not appear, BOM may dismiss complaint for lack of interest or failure to prosecute
Complaint-Dismissal
If respondent did not appear, this may be declared default and the BOM shall proceed to cross examination of complainant
Respondent-Default
