medical malpractice, medical negligence

hi attorneys, I am a med student. Im researching regarding medical malpractice and medical negligence laws. Was the medical malpractice bill already passed?

Capsule, the medical practice bill is still in Congress and has not been passed into law yet. Here's a link on the text of the legislation as proposed by the House of Representatives.

http://filipinodentist.com/malpractice.htm

thank you sir for providing the link. let me quote the medical malpractice bill

Republic of the Philippines

HOUSE OF REPRESENTATIVES

Quezon City

TWELFTH CONGRESS

First Regular Session

House Bill No. 4955

Introduced by

REPRESENTATIVE OSCAR S. RODRIGUEZ

EXPLANATORY NOTE

This legislative measure seeks to strengthen the right of a patient to quality medical care. In providing penalties for gross negligence, it is hoped that all fields of the medical profession will be screened from incompetent individuals. The safety and welfare of the patient is of paramount importance to the nation, it is henceforth, proper that only the most competent individuals be permitted to practice medicine.



The passage of this bill into law will, in the end, provide greater prestige to the medical profession. At the same time, it would prevent the occurrence of injuries and needless deaths caused by gross ignorance and negligence. May the medical profession and the citizenry unite in building a progressive health care system that will be both accessible and uncompromisingly professional.



For this and other reasons, the passage of this house bill is earnestly sought.





OSCAR S. RODRIGUEZ









Republic of the Philippines

HOUSE OF REPRESENTATIVES

Quezon City

TWELFTH CONGRESS

First Regular Session

House Bill No. 4955

Introduced by

REPRESENTATIVE OSCAR S. RODRIGUEZ

AN ACT

PUNISHING THE MALPRACTICE OF ANY MEDICAL PRACTITIONER

IN THE PHILIPPINES AND FOR OTHER PURPOSES





Be it enacted by the Senate and the House of Representatives of the Philippines in





Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the "Medical

Malpractice Act of 2002."





SECTION 2. Declaration of Policy. - It is the policy of the State to ensure the safety of and well being of patients by providing them with professional medical care.





SECTION 3. Definition of Terms. - Unless the context otherwise requires, the following terms shall have the following meanings:



(1) "Medical Practitioner" shall refer to any physician, dentist, nurse, pharmacist or paramedical or other supporting personnel (including medical and dental technicians, nursing assistants, and therapists);



(2) "Illegal Surgery" shall refer to surgeries performed to remove healthy human organ/s without the consent of the patient, with intent to gain on the part of the person or persons responsible for such surgery.



(3) "Malpractice" shall refer to any personal injury, including death, caused by the negligent or wrongful act or omission of any medical practitioner;



(4) "Physicians" shall refer to Doctors of Medicine, duly certified by the Professional Regulatory Commission who are in active practice of medicine;



(5) "Dentists" shall refer to Doctors of Dental Medicine, duly certified by the Professional Regulatory Commission who are in active practice of dental medicine;



(6) "Patients" shall refer to people requiring medical attention from any medical practitioner.





SECTION 4. The Anti-Malpractice Act. - Any medical practitioner who performs any act constituting medical malpractice or the illegal practice of surgery shall be punishable by imprisonment or fine or both and, in all instances, the cancellation of the license to practice medicine.





SECTION 5. The Complainant. - The crime of malpractice shall be

prosecuted upon the filing of a complaint by any of the following individuals:



(1) the patient;



(2) parents or legal guardians of the patient;



(3) grandparents or collateral relatives;



(4) an officer or social worker of the Department of Social Welfare and

Development or of a duly licensed child caring institution, orphanage, home for the aged, mental hospital, or other similar institutions under whose care or custody the patient is committed;



(5) a concerned, responsible hospital employee where the crime was committed but only if any of the persons mentioned in the four preceding paragraphs have expressly given their consent to the filing thereof.





SECTION 6. Effect of Pardon. - The express or implied pardon of the patient, his/her parents, grandparents or guardian shall not be a legal impediment to the prosecution of the crime nor will it extinguish the criminal action still pending, nor will it constitute a ground for remitting the penalty already imposed.





SECTION 7. Penalties. - Medical malpractice and/or the practice of illegal surgery shall be punished by prisión mayor and the cancellation of the license to practice the medical profession and a fine ranging from Five Hundred Thousand Pesos (P500,000.00) to One Million Pesos (P1,000,000.00) in the discretion of the court taking into consideration all attending circumstances. Any other crime committed by reason or on occasion of malpractice shall be considered as a separate offense and the rules on complex crimes shall not apply. In no case shall malpractice be considered as a mere aggravating circumstance when it is committed by reason or on occasion of the commission of another crime.





SECTION 8. Aggravating Circumstances. - The following circumstances shall aggravate the crime of malpractice:



(1) permitting motives of profit to influence the free and independent exercise of professional judgment on behalf of patients;



(2) conscious infliction of harm to an unknowing patient with the malicious intent of profiting from such act.





SECTION 9. Damages. - In addition to the damages that may be awarded by the court under existing laws, the following circumstances shall warrant the award of additional damages:



(1) when the patient becomes insane or suffers any psychological damage by reason of malpractice;



(2) death of patient by reason or occasion of malpractice;



(3) physical disfigurement or permanent disability of the patient by reason of malpractice.





SECTION 10. Repealing Clause. - All Laws, Presidential Decrees, Executive orders, Proclamations, and/or Administrative Regulations, which are inconsistent with the provisions of this Act, are hereby amended, modified, superseded or repealed accordingly.





SECTION 11. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in at least two (2) newspapers of general circulation.

sir, how does this bill become a law?

^dude,

sa constitution ng pilipinas of 1987 kindly read the part about the legislature.

nandun yung proseso

PERO...

in reality pag hindi popular yung bill na ipinopropose (example payagan magpakasal ang mga bakla at tomboy) hindi ito ipapasa ng mga hipokritong senador at congresista natin.

PERO...

You could always ask them to pass it. ask your friends, family, officemates, etc. to send letters to all the senators and to the congressmen in their area pleading to have a certain bill passed.

mahaba po ung process

Each bill must pass three (3) readings in both Houses which shall be held on separate days & printed copies thereof in its final form shall be distributed to
its Members three (3) days before its passage.
Exception: If a bill is certified as urgent by the President as to the necessity of its immediate enactment to meet a public calamity or emergency,
the 3 readings can be held on the same day.

First reading – only the title is read; the bill is passed to the proper committee

Second reading – Entire text is read and debates are held, and amendments introduced.

Third reading – only the title is read, no amendments are allowed. Vote shall be taken immediately thereafter and the yeas and nays entered in the
journal

Veto power of President:
1. Must be presented to and signed by the President.
2. May veto the same and return it with his objections to the House from which it originated. The House shall enter the objections in the Journal and proceed to reconsider it.
3. The President must communicate his decision to veto within 30 days from the date of receipt thereof. If he fails to do so, the bill shall become a law as if he signed it.
4. This rule eliminates the ‘pocket veto’ whereby the President would simply refuse to act on the bill.
5. To OVERRIDE the veto, at least 2/3 of ALL the members of each House must agree to pass the bill. In such case, the veto is overridden and becomes a law without need of presidential approval.

General Rule: If the president disapproves a bill enacted by Congress, he should veto the entire bill. He is not allowed to veto separate items of a bill.
Exception: Item veto in the case of appropriation, revenue, and tariff bills

thank you very much po. Since the medical malpractice bill is not yet a law, then you mean, doctors are already off the hook when they commit malpractice?

No, there is the civil code on quasi-delict for civil liaiblity and the Revised Penal Code on criminal negligence for criminal offense..Plus one may file before the PRC(Board of Physicians) for revocation of the doctor's license to practice medicine...

Though undoubtedly these prevailing legislations lack the "fangs" in punishing erring doctors considering the seriousness of malpractice.Thus, per the TS post, the bill proposes to impose a heavier penalty(both imprisonment, penalties and revocation of license...

thanks attorney. no wonder many doctors including my professors oppose the medical malpractice bill
I remember a saying that when a doctor commits a mistake, the patient dies. when a lawyer commits a mistake, there is still an appeal

I have serious doubt on your last sentence...kasi a lawyer's mistake cannot be a ground for an appeal....thus, it may not anymore modify a decision in any given case, though for sure there are exception to this rule.

ok attorneys. thank you very much for the valuable information

I remember a saying that when a doctor commits a mistake, the patient dies. when a lawyer commits a mistake, there is still an appeal

my wife to be is a doctor and I SO RESENT THIS STATEMENT, kasi binanatan nya ako nito dati nung mag on palang kami.

also, ang LEGAL ETHICS namin is way... way... way... harsher and its so... so... so... strict as compared sa mga doctors.

PS: since med student ka, i suggest na i-suggest mo na baguhin na yung TRADITION nyong mga doctor ang more than 8 hours na duty. I mean come on, 24 to 36 hour duties isn't only harsh but its dangerous considering na pwede kayong makulong kung mapasa man yung bill.

hehe. perfect combination po ang lawyer and doctor hehe.

tama po kayo attorney. pag masyado na kaming pagod e mas prone kami mag commit ng medical malpractice. sobrang stress and kulang pa ng tulog. pero no choice lalo na pag may emergency. cguro kayo rin napupuyat pag sinusundo nyo c doctora. hehe