L5 - LIABILITIES OF THE DENTIST

Liability

• An obligation or duty which is owed by one person to another to refrain from some course of conduct injurious to the latter or to perform some act or to do something for the benefit of the latter and for breach of which the law gives the remedy to the latter as damages

• Breach of a legal duty

• Breach of responsibility to act in accordance with the standards of care required of ordinary prudent persons

Liability can arise from:

Negligence

defined as the deviation from the standard of care

• breach of a legal duty or responsibility to act in accordance with the standards of care required of ordinary

• neglect or failure to act according to standards, rules, and policies of the hospital or clinic, resulting in another person’s injury or death

In short “NEGLIGENCE”

liability can arise from:

1. Administrative liability

2. Civil liability

3. Criminal liability

3 Liabilities

Administrative liability

• Refers to discipline or disciplinary action

True

T or f

Under Administrative liability

• The Punishment is not imprisonment, but rather, disciplinary actions

Administrative liability

• Termination from service, which is a penalty, should be a terminated person who is privately employed when he is governed by the labor code

the threefold liability rule will not distinguish between civil and the administrative actions

Under threefold liability

• In a criminal case, the defendant, which in this case is the dentist, is acquitted (not found guilty)

Administrative liability

May arise from an administrative offense or any ground for disciplinary action

Board of Dentistry (BOD)

If the dentist is self-employed, then the venue of such complaint is with the

Civil Service Commission or the PRC,

or BOD,

or with the Ombudsman

If the dentist is employed in a public institution

in-house disciplinary department

or the head of in-house disciplinary department or the head of the private institution

dentist is employed privately

He is said to be employed if he coats his plantilla position

If the dentist is employed in a government institution

There is a need to establish this employer-employee relationship

If the dentist is employed privately (1)

Vicarious liability speaks about the liability of the employer with respect to the negligence of the employee

If the dentist is employed privately (2)

Penalties

Forfeiture of privileges or salary, warning, reprimand, suspension or revocation of license, termination from service

Demotion, transfer, suspension from service for not more than one year without pay fine not exceeding 6 months salary

• Removal for just causes (Labor Code)

• Legal remedy of employee

Penalties

Malpractice

• Pertains to criminal negligence

Malpractice

The act of the dentist in harming the patient is

unintentional

Incompetence

pertains to lack of skills in managing the patient

Serious ignorance

pertains to lack of knowledge

Negligence

pertain to recklessness of the dentist

• reprimand

• warning

• removal from office

• Suspension

• invalidation of license

• Removal from service

• force resignation

ADMINISTRATIVE LIABILITIES

• Common Penalties are the following:

YES, after 2 years the dentist can reapply if he/she

shows remorse and discretionary on the part of BOD whether or not to let the applicant take the board exam again

If the license is suspended, can the dentist apply for the reissue of the license or certificate?

● Due process

● Degree of evidence - substantial evidence

● Decision of BOD is appealable to PRC

● Reinstatement, reissuance or replacement of certificate

of registration & professional ID card

○ 2 yrs after the date of revocation

○ BOD may exempt the applicant from taking

another exam

Additional infos

If the license is suspended, can the dentist apply for the reissue of the license or certificate?

VICARIOUS LIABILITY

involves the person who

is liable for the wrongful act of another person

VICARIOUS LIABILITY

Makes a non-negligent person reliable for the act

Actual/ Compensatory Damages

● Pecuniary damages suffered as duly proven

● If you want to recover actual or compensatory damages, it must be proven

● Example of compensatory damages: Hospital bill incurred by the patient as the result of damage or injury caused by the dentist

Damages

Pecuniary compression that may be recovered for breach of some duty or the violation of right recognized by law.

1. General

2. Special

2 types of Actual or Compensatory Damages

General

• natural & normal course of even

  - Death, physical incapacity, loss of earning capacity, loss of support

Special

- not ordinarily anticipated

- Future medical cost, aggravation of pre-existing condition

Moral damages

• What type of damage include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation

Moral damages

• Though incapable of pecuniary computation, moral damages may be recovered if they are the proximate result of the defendant’s wrongful act or omission

Moral damages

To alleviate the moral suffering of the person who is damaged or injured

Nominal damage

are adjudicated in order that the 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

Temperate damages

• also called moderate damage

• are more than nominal but less than compensatory damages,

• may be recovered when the court finds that some pecuniary loss has been suffered but its amount is uncertain , from the nature of the case, be proved with certainty.

Liquidated damages

• are those agreed upon by the parties to a contract, to be paid in case of breach thereof

Liquidated damages

• Pertains to contract, if the terms and conditions stipulated in the contract are not agreed, we have a certain penalty

  ● Sort of penalty on the party who is not able to apply to the terms and condition of the contract

Exemplary damages

• also called corrective damages

• imposed by way of example or correction for the public good, in addition to the moral, temperate, liquidated or compensatory damages

Exemplary damages

Temperate, para dili na mausab. And this is grounded to the defended

● Defended or anybody else will not do it again

CRIMINAL LIABILITY

• Person commits a crime (ex. injuring the patient) or violates a special law of an ordinance

True

T or f

Crime can be intentional or non-intentional

• dolo - intentional ky do

• culpa - unintentional

under the law, a crime can be committed in 2 ways:

Criminal negligence

Under criminal liability

• known in jurisprudence

criminal, civil or administrative liability

Crime may give rise to

• False testimony & perjury

• Issuance of false certificates

Intentional crimes

• give me two

False testimony & perjury

• if the crime is not included in the Revised Penal Code (RPC) - it is known as a special criminal law

  ● For or against the accused in criminal case, for or against any party in civil case

  ● Committed in court or in the affidavit or sworn statement field before the Office of the Precursor

Issuance of false certificates

• it does not mean only the medical certificates issued by the doctor; it may mean the dental certificate, the dental examination result

In connection with the practice of profession

• Act of falsification

An Act of Requiring

Government & Private Hospitals or Clinics to

Extend Medical Assistance in Emergency Cases

Extend or at least give first-aid treatment for a patient who is in an emergency situation

An Act of Regulating the Practice of Pharmacy

No sample of any drug, biological product, proprietary medicine, given or intended to be given for free to the physician and other qualified person by any manufacturer or distributor or its representative or detailman as part of its program of promotion, may be sold.

An Act Prohibiting the Demand of Deposits or Advance Payment

• some hospitals are requiring a process before patient may be admitted

• hospital or clinic is prohibited from demanding deposits: emergency and serious cases

• in emergency & serious cases, it shall be unlawful: demand or accept any deposit

Expanded Senior Citizens Act of 2003

• grant of 20% discount on professional fees to senior citizens

  - 12% VAT

  - Overall 32%

AIDS/HIV Prevention & Control Act of 1998

any person who knowingly or negligently causes another to get infected w/ HIV in the course of the practice

Anti-Sexual Harassment Act

• work, education or training-related sexual harassment

Comprehensive Dangerous Drugs Act of 2002

• unlawful or unnecessary prescription of dangerous drugs

Patient's Illegal Detention Act of 2007

• unlawful for any hospital or clinic to detain or otherwise cause, directly or indirectly, the detention of patients for reasons of non-payment

Universally Accessible Cheaper & Quality Medicine Act

• use of generic terminology in prescriptions

• Financial & material interest

• Outside employment & other related activities

• Disclosure and/or misuse of confidential information

• Solicitation or acceptance of gift

• Nepotism

PROHIBITED ACTS & TRANSACTIONS OF DENTISTS IN GOVERNMENT SERVICE

Degree of consanguinity

Under Nepotism

• You-your parents (first degree) your parents brothers/sisters (second degree) your parents-uncle (third degree) your cousins (fourth degree)