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The RTC awarded Nelson Cortejo (respondent) damages in the total amount of ₱595,000.00, for the wrongful death of his son allegedly due to the medical negligence of the petitioning doctors and the hospital. Factual Antecedents. The common factual antecedents are briefly summarized below.
- G.R. No. 234851 - The Lawphil Project
Medical malpractice is a particular form of negligence which...
- G.R. No. 126297/G.R. No. 126467/G.R. No. 127590 - The Lawphil Project
The unique practice (among private hospitals) of filling up...
- G.R. No. 234851 - The Lawphil Project
Jul 19, 2019 · What is Medical Malpractice? Any person who shall practice medicine in the Philippines without having previously obtained the proper certificate of registration issued by the Board of Medical Examiners as herein constituted, or the lawful Board which was its predecessor shall be considered as guilty of medical malpractice. (Sec. 770, RA 1885)
Medical malpractice is a particular form of negligence which consists in the failure of a 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.25 In order to successfully pursue such a ...
Jun 8, 2024 · In the Philippines, medical malpractice cases fall under the broader umbrella of tort law, particularly governed by the Civil Code of the Philippines. Key provisions include: Article 2176: Defines quasi-delicts, which cover negligent acts causing damage to another.
It is generally restricted to situations in malpractice cases where a layman is able to say, as a matter of common knowledge and observation, that the consequences of professional care were not as such as would ordinarily have followed if due care had been exercised.
The unique practice (among private hospitals) of filling up specialist staff with attending and visiting "consultants," who are allegedly not hospital employees, presents problems in apportioning responsibility for negligence in medical malpractice cases.
Apr 9, 2024 · Despite the challenges, several landmark cases in the Philippines have set important precedents, gradually shaping the jurisprudence around medical malpractice. These cases underscore the judiciary's evolving stance on issues such as informed consent, the duty of care, and the assessment of damages.
