Unintentional Torts: Professional Negligence

Study Notes

Professional negligence occurs when a person fails to act as a reasonably prudent person would in a similar circumstance, causing injury to another person or their property.
Examples of professional negligence include mistaken identity and defects in equipment such as stretchers and wheelchairs leading to patient falls.

Malpractice: a negligence act committed by a person in a professional capacity, resulting from professional misconduct or unreasonable lack of professional skill.
Incompetence: a lack of ability, which can lead to revocation or suspension of a professional's certificate of registration.

Larceny: taking another person's property for permanent use
Abortion: illegal destruction and bringing forth of a human fetus before natural time of birth

Grave: capital punishment or penalty of above 6 years and one day or fine of more than 6 thousand pesos
Less grave: penalty of 1 month and 1 day to 6 years or fine of not more than 6 thousand pesos but not less than 200 pesos
Light: penalty of 1 day to 30 days or fine more than 200 pesos

Defamation: injury to the honor and reputation of another, including slander, libel, and slander by deed

A joint agreement of two or more persons, where the act of one is the act of all

Principals: chief actor/mastermind, those who actually do or perform the act, or those who are actually present and aid in the commission of an act
Accessories: those who assist or participate in the commission of a crime, or those who assist or encourage the principal offender with the intent to have the crime committed
Accomplices: those who do not take a direct part in the execution of the act, but induce or cooperate through another act essential to the consumption of the crime

Illegal gambling: playing for money
Indecent exposure: intentional exposure of one's private parts in public
Prostitution: a crime committed by a woman to engage in sexual intercourse for pay