SUPPLEMENTAL KNOWLEDGE
Jhunie B. Wahayna
Medical malpractice is defined an act or omission by a health care provider which deviates from accepted standards of practice in the medical community and which causes injury to the patient. It is simply called a medical negligence.
Instead of making the patient better, the medical practitioner has done just the opposite, thereby leaving the patient injured or disabled. It must be noted that medical malpractice is not applicable to the doctor alone but also applies to other medical professionals. Medical malpractice is the most common criminal event that evolves in a hospital. This happens when a medical mistake, no matter how simple, occurs by reason of the negligence or carelessness of the hospital personnel.
There are many medical malpractice convictions that were affirmed by the Supreme Court of the Philippines. One is a 26-page decision penned by Justice Angelina Sandoval-Gutierez, the Court’s First Division affirmed the Court of Appeals’ September 6, 1996 decision affirming with modification the March 17, 1993 decision of the Quezon City Regional Trial Court, Branch 96.
The Court held both the Professional Services, Inc. (PSI), owner of the Medical City Hospital, and Dr. Ampil liable for the injury sustained by Natividad Agana.
Another case on malpractice is a doctor of a government provincial hospital. A child was brought to the hospital, complaining of stomach pains. It was then prescribed that he needed to take some oral suspension. But no amount of coaxing could convince the child to take the medicine. So this doctor decides to introduce the suspension intravenously as the child was then on dextrose. Thereafter, the child went into spasms and died. The doctor must have been under the (mis) impression that oral intake is synonymous with intravenous application.
The case brings to mind the principle laid down by the Supreme Court in Ramos vs. Court of Appeals, 231 SCRA 584 on the application of the doctrine of res ipsa loquitur (“the thing speaks for itself”) in medical malpractice cases. Thus, res ipsa loquitur has been applied when the circumstances attendant upon the harm are themselves of such a character as to justify an inference of negligence as the cause of that harm.
Although generally, expert medical testimony is relied upon in malpractice suits to prove that a physician has done a negligent act or that he has deviated from the standard medical procedure, when the doctrine of res ipsa loquitur is availed by the plaintiff, the need for expert medical testimony is dispensed with because the injury itself provides the proof of negligence. The reason is that the general rule on the necessity of expert testimony applies only to such matters clearly within the domain of medical science, and not to matters than are within the common knowledge of mankind which may be testified to by anyone familiar with the facts.
Hence, in cases where the res ipsa loquitur is applicable, the court is permitted to find a physician negligent upon proper proof of injury to the patient, without the aid of expert testimony, where the court from its fund of common knowledge can determine the proper standard of care. Where common knowledge and experience teach that a resulting injury would not have occurred to the patient if due care had been exercised, and inference of negligence may be drawn giving rise to an application of the doctrine of res ipsa loquitur.
When the doctrine is appropriate, all that the patient must do is prove a nexus between the particular acts or omission complained of and the injury sustained while under the custody and management of the defendant without need to produce expert medical testimony to establish the standard of care.
Medical ignorance or medical negligence is tantamount leading to medical malpractice, the application of the doctrine of res ipsa loquitur (“the thing speaks for itself”) in medical malpractice cases, the wound or the injury will speak for itself as evidence.
If any member of your family is a victim of a medical malpractice, the main primary concern must be the condition of the patient to be safe and to recover. Secondary concerns should be on the legal aspect, investigation, and to inform the media, if necessary and if the situation will dictate.
I support the passage of Medical Malpractice in the Philippines. My friend in Laguna named MARIFEL LICOS ALGO was also a victim of medical malpractice. She was afflicted with stevens Johnson Syndrome, an adverse drug reaction, while she was confined in Muntinlupa Medical Center, later on progressed to Toxic Epidermal Necrolysis (TENS) wherein she suffered blistering, then peeling-off of her skin. She also underwent two major operation called "DEBRIDEMENT" when she was transferred to the Philippine General Hospital where she was declared 99% "BURN" total body surface area (TBSA). Her dermis separated from epidermis. DEBRIDEMENT is removing the "dead skin". Unfortunately, Marifel Algo, then 13 years old died.
ReplyDeleteNow, I learned that the case is already in the Supreme Court.
We, especially her family in the Philippines would like to get your comment on the this issue:
To be considered a specialist in a particular field of medicine a physician must undergo a minimum number of years of residency.
Is that means "CERTIFICATION" is just a voluntary testing and evaluation of a physician who wish to become board certified in particular medical specialty.
So, being voluntary, a physician who has specialized in a certain field for the required minimum number of years may opt not to go through the certification process, would mean HE/SHE WILL BE CONSIDERED CERTIFIED SPECIALIST?
I'm asking you this because, Marifel's Pediatrician and Neurologistis are both General Practitioner. But because they undergo minimum number of yeatrs of specialty training, they considered themselves SPECIALIST (PEDIATRICIAN AND NEUROLOGIST, respectively).
There are four important elements of MEDICAL MALPRACTICE, namely:
1. The Physician has a duty to his patient;
2. The Physician failed to perform such duty to the patient;
3. As a consequence of the failur of the physician to perform his duty, injury was sustained by the patient;
4. The failure of the Physician to perform his duty is the proximate cause of injury sustained by the patient.
Marifel was on fever after 2 weeks of taking an anti-convulsant (prescribed by her "Neurologistan"). At the emergenecy of same hospital, the resident prescribed triglobe after the result of urinalysis (2-3hpf). After an hour, rashes came out. The doctors keep on replacening.adding medicine for 4 days. After 4 days of confinement on the same hospital, she was diagnosed of having Steven Johnson Syndrome (SJS) whish is an adverse drug reaction, then after 2 days progressed to Toxic Epidermal Necrolysis.
The BIG QUESTION IN MY MIND: Are medical doctors aware of the 3 cornerstones in the treatment of SJS/TEN? 1. To withdraw offending drugs (can be found in the literature), 2. Undertake support therapy, 3. Specific treatment of the ailment. There are a lot of downloadable SJS supports/literarure in the worldwide web.
A medical negligence claim may arise in Ireland if you have suffered an injury as a direct result of medical mistreatment or lack of care that you have received. This may also be referred to variously as a ‘medical accident’, ‘adverse incident’, or ‘patient safety incident’.
ReplyDeleteMr/ms anonymous. can you please give me your name so I can contact you, I had a friend with similar case and she is planning to sue the pharmaceutical company itself or triglobe itself because she developed SJS hours after ingestion. pls contact me at anadams715@gmail.com. Maybe we could help each other with the case. thank you.
ReplyDelete