Apr
With all the buzz created by the video of the Black Suede scandal that happened at the Vicente Sotto Memorial Medical Center in Cebu, I am posting here the Law against medical malpractice. I have a related story regarding the Vicente Sotto Scandal titled “Vicente Sotto Scandal is About Medical Malpractice” and it’s just fitting to follow up that story with this one.
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.
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Tags: Black Suede scandal, medical malpractice law, Philippines, Vicente Sotto scandal, videos
3 Responses so far to "Video of the Black Suede Scandal and the Medical Malpractice Law"
April 21st, 2008 at 5:20 pm
[...] nurses did something terribly wrong to their patient. I have updated this blog by publishing “Black Suede Video Scandal and the Medical Malpractice Law“. You might as well read that article for you to gain better insight on some of the rights of [...]
April 22nd, 2008 at 8:23 am
it is the right of jan jan to file a case to those who involved during his operation at the vsmmc…the doctors and nurses shows disrespect!!!!good to them “matanggal sa position,mawagtangan ug license,maka penalty pa jud…may pa mangaplay nlng na ang mga nurses ug doctors nga mahawa sa position diri amo restaurant…nang hire baya mi…
[Reply]
June 10th, 2008 at 8:53 am
[...] the so-called canister scandal at the Vicente Sotto Memorial Medical Center in Cebu, also known as black suede scandal which really created a huge controversy and put a big question mark on the ethical practices of [...]