Tort Law in Healthcare

Finding fault for wrongdoing and assigning responsibility for damages.

Discouraging future wrongdoing by holding someone accountable.

Reimbursing someone for damages or losses caused by wrongdoing.

A civil wrong that involves intentional harm or damage to another person or their property.

A civil wrong that occurs when a person fails to act with reasonable care, leading to harm or damage.

A legal term in the Philippines, similar to a negligent tort, it involves an act of negligence that causes harm to another person.

A contractual relationship between parties where the agreement involves medical services.

The most fundamental article of the Civil Code in the Philippines that governs quasi-delicts, outlining liability for damages caused by negligence.

The plaintiff's own negligence directly caused their injury. They cannot recover damages.

The plaintiff's negligence contributed to their injury, but the defendant's negligence was the primary cause. The plaintiff can recover damages, but the amount may be reduced.

A situation where the plaintiff, despite knowing and understanding the risks, willingly chooses to expose themselves to them.

The physician possesses specialized knowledge and skill, while the patient relies on their expertise and guidance.

A legal principle stating that a person who agrees to a risky situation cannot claim harm.

A deviation from the accepted standard of care in a profession.

The patient must prove they suffered actual harm or injury as a result of the negligence.

The negligent act must be directly linked to the patient's injury.

A legal principle that holds an employer responsible for the negligent actions of their employees, even if the employer themselves didn't directly cause the harm.

Occurs when a doctor or medical professional fails to provide the expected standard of care, leading to harm to a patient.

An act, or lack of action, by a medical professional that deviates from the accepted standard of care, causing harm. It can be a wrong action, a wrong action performed incorrectly, or a missed action.

A legal doctrine that states that the plaintiff must prove the defendant had a duty of care, breached that duty, and the breach directly caused the plaintiff's injuries.

A form of negligence where a medical professional performs a wrong or inappropriate action, causing harm to a patient.

A form of negligence where a medical professional performs a correct action but does it incorrectly, resulting in harm to the patient.

A form of negligence where a medical professional fails to do something that they should have done, resulting in harm to the patient.

A legal doctrine that applies when the very nature of the injury suggests negligence on the part of the defendant. The burden of proof shifts to the defendant to prove they were not negligent.

A doctor's failure to investigate why a treatment isn't working, even if it normally should. They can be held liable if they could have discovered the issue.

A doctor who could have prevented an injury, but failed to do so due to negligence, will be held responsible.

A doctor's duty of care to those potentially endangered by their actions. The degree of care required is based on the risk involved.

A doctor is not liable for unforeseen complications, but they are responsible for injuries resulting from their lack of skill and training.

Negligence of an individual can be attributed to another, such as an employee's negligence to their employer.

A reckless disregard for the safety of another, often resulting in harm or death, is considered a criminal offense.

Damages awarded to compensate a victim for actual losses incurred, such as medical expenses, lost wages, and pain and suffering.

Damages awarded to punish a wrongdoer for egregious conduct and deter similar future actions. These damages go beyond compensating the victim.

A type of compensatory damage that covers specific, quantifiable losses, like medical bills.

A type of compensatory damage that covers subjective, non-quantifiable losses, such as pain and suffering.

A legal principle where a physician is not obligated to guarantee a successful outcome, benefit, or a specific result from treatment. This principle acknowledges inherent uncertainties in medical practice.

The principle that the physician-patient relationship does not guarantee that a treatment will be free from errors. It recognizes that even skilled professionals make mistakes.

Specific instances where Res Ipsa Loquitur might apply, such as leaving a surgical instrument in a patient, injuring a healthy part of the body, or infection from unsterilized instruments.

A legal principle where an employer is held liable for the negligent acts of their employees, even if the employer did not directly participate in the act.

This legal principle emphasizes that someone who is found responsible for an action must pay for the damages caused by their negligence, even if they are employed by a health care facility.

This legal principle describes the duty of officers/directors of a hospital to not be personally liable for their employees' negligence, unless they directly participate in the wrongful act.

A Presidential Decree that implemented major changes in the Labor Code of the Philippines, including provisions about working conditions, wages, and benefits.

A Presidential Decree that established a comprehensive nutrition program in the Philippines, aiming to overcome malnutrition and improve the health of the population.

A Presidential Decree that mandated the registration of all births following delivery, aiming to ensure proper documentation and legal recognition of every child.

A Presidential Decree that introduced a 13th-month pay for employees, serving as an additional benefit on top of their regular monthly salary.

A Presidential Decree that established the family planning and responsible parenthood policy in the Philippines, requiring premarital instruction on these topics before marriage.

A Republic Act that addresses the issue of Leprosy, ensuring treatment for this condition at government clinics and by licensed medical professionals.

A Republic Act that focuses on the requirement for reporting of communicable diseases, crucial for public health management and disease control.