Liabilities of Physicians and Damages

What are the three classifications of physician liabilities?

Administrative (substantial proof), Criminal (proof beyond reasonable doubt), and Civil (compensation for damages).

What is the proof required for administrative liability?

Substantial proof.

What is the proof required for criminal liability?

Proof beyond reasonable doubt.

What is the main focus of civil liability?

Compensation for damages or injury suffered by the patient.

What are the five stages of grief?

Denial, Anger, Bargaining, Depression, Acceptance.

Why is medicine considered an art, not just a science?

Because it involves judgment, communication, and patient understanding beyond scientific knowledge.

What is a peculiarity of anesthesia regarding drug doses?

Almost every drug has both a therapeutic dose and a lethal dose, but also usually an antidote.

Where are administrative liability cases heard?

In quasi-judicial or administrative bodies such as DOH, PRC, BOM, DOLE.

What penalties can be imposed for administrative liability?

Reprimand, suspension, or revocation of license (temporary or permanent).

What are the three inherent powers of the state?

Power of taxation, power of eminent domain, and police power.

What is police power of the state?

The power of the state to create and enforce policies for public welfare.

Scenario: A physician is found guilty of gross immorality. What type of liability and penalty may apply?

Administrative liability, penalties may include reprimand, suspension, or revocation of license.

What is a summons in administrative proceedings?

A formal notice sent to the respondent requiring appearance in court or administrative body.

What is a subpoena?

A letter sent by court requiring the presence of the respondent or documents.

What happens if a respondent ignores a summons?

They may be declared in default and the case proceeds without their defense.

Who can file a complaint against a physician?

Proper party in interest (patient, heirs, spouse), any person/corporation via representative, or the Board itself (motu proprio).

Where can complaints against physicians be filed?

DOH

What must a verified complaint contain?

It must be in writing, under oath, with recital of events and allegations.

What are examples of unprofessional conduct under administrative liability?

False or unethical advertising

What is moral turpitude?

Act of baseness or depravity in private and social duties, implying immorality, whether punishable by law or not.

How can a revoked license be reinstated?

After 2 years, if the physician has acted in an exemplary manner in their community.

What are the rights of respondents in administrative cases?

Right to be heard, to know charges, to know accuser, and to cross-examine witnesses.

Scenario: A doctor issues a false medical certificate presented in court. What liabilities may apply?

Administrative (fraud), Criminal (perjury under Art. 174 RPC), Civil (damages if harm caused).

How many postponements may BOM grant per party?

No more than 2 postponements, each not more than 10 days.

What is a Motion for Reconsideration (MR)?

A request to review the decision, filed within 30 days of receipt of decision

What are the grounds for Motion for Reconsideration?

FAME: Fraud, Accident, Mistake, Excusable negligence, or newly discovered evidence.

What is the process of appeal for administrative cases?

BOM decision → PRC → Office of the President → Court (via certiorari).

What is the definition of criminal liability?

An act or omission that constitutes a crime, punishable under law.

What are mala prohibita crimes?

Acts that are illegal because the law forbids them, not because they are inherently immoral.

What are mala in se crimes?

Acts that are inherently immoral or evil, regardless of law (e.g. murder).

What penalties can be imposed under criminal liability?

Imprisonment, fines, or both, plus possible revocation of license.

How are criminal cases filed?

In the name of the People of the Philippines, complainant becomes a witness.

What is required to prove guilt in a criminal case?

Proof beyond reasonable doubt.

What specific acts of physicians are punishable under law?

Issuing false medical certificates, abortion, simulation of birth, concealment of legitimate child, refusal of emergency treatment.

Scenario: A hospital refuses to treat an emergency case without deposit. What liability applies?

Criminal liability — refusal to render emergency treatment is punishable.

Scenario: A physician fails to report a suspected child abuse case. What law is violated?

RA 7610 (Special Protection of Children Against Abuse, Exploitation, and Discrimination).

What is the focus of civil liability?

Compensation for injury or damages suffered by the patient.

What are the two types of negligence in medical law?

Civil negligence (revocation of license possible) and Criminal negligence (medical malpractice).

What are the four elements of medical malpractice?

Duty, Dereliction (breach), Damage (injury), and Direct causation (proximate cause).

Scenario: A physician did not follow standard procedure but the patient was not harmed. Is it malpractice?

No; malpractice requires proof of injury caused by the failure to perform duty.

What is res ipsa loquitur?

Latin for 'the thing speaks for itself' — the facts of the injury imply negligence without needing expert testimony.

What are examples of civil cases involving physicians?

Payment for injuries, breach of contract, rescission of contract, collection of money.

What is the standard of care for physicians?

Degree of skill, care, and diligence ordinarily exercised by other physicians in the same community or specialty.

When should a physician refer a patient to a specialist?

When the physician feels inadequately skilled or experienced to handle the case.

What are the requirements for alternative treatment methods to be valid?

• Generally accepted

• Used by a respectable minority

• due care observed

• risks explained.

Scenario: A physician follows accepted Clinical Practice Guidelines but the patient still worsens. Is this malpractice?

No, adherence to customary practices and guidelines protects from malpractice claims.

What are the classifications of damages in medical law?

Actual/compensatory, moral, exemplary, nominal, liquidated, temperate.

What are actual or compensatory damages?

Pecuniary losses proved with receipts

What is daño emergente?

Loss already suffered, such as medical bills

What is lucro cessante?

Loss of potential earnings or benefits

What are moral damages?

Compensation for physical suffering, mental anguish, wounded feelings, humiliation, moral shock.

What are exemplary damages?

Imposed to set an example or correction for public good, in cases of gross negligence or aggravated crimes.

What are nominal damages?

Small sums awarded to recognize violation of rights without substantial injury.

What are liquidated damages?

Damages pre-agreed in a written contract for breach.

What are temperate damages?

Awarded when pecuniary loss is proven but cannot be exactly quantified.

What is the doctrine of avoidable consequence?

Injured party must minimize damages, cannot recover for injuries that could have been avoided

Who may recover damages from malpractice cases?

Patient, legal spouse, parents (if patient is minor), heirs and successors.

Can attorney’s fees be included in damages?

Yes, attorney’s fees may be awarded if reasonable.

Scenario: A physician is intoxicated while on duty and harms a patient. What liabilities apply?

Administrative (immorality, gross negligence), Criminal (reckless imprudence), Civil (damages)

Scenario: A patient sues for malpractice but cannot prove causation between physician’s act and injury. What happens?

No malpractice, all four elements (duty, dereliction, damage, direct cause) must be proven.

Scenario: A physician reports child abuse to authorities. The family complains of breach of confidentiality. Is the physician liable?

No, reporting is mandated by law (RA 7610) and overrides confidentiality.

Scenario: A patient suffers complications despite physician following standard practice. Is the physician liable?

No, bad results do not equal malpractice if the standard of care was followed.