Perfecting the anti-medical malpractice bill: An analysis with recommendations

• Main Authors: Boco, Frederick S., Manahan, Lawrence J.
• Format: text
• Language: English
• Published: Animo Repository 2012
• Subjects: Commercial Law
• Online Access: https://animorepository.dlsu.edu.ph/etd_bachelors/17825
• Institution: De La Salle University

The practice of medicine is not a precise craft or discipline. It has been honored as one that is noble, efficient and scholarly. Medical Practitioners play a vital role in our live. Without them, there would be no safeguard to society's health and well-being. It is most believed that medical doctors are not just mere healers but also preserves of good life. Various government agencies regulate them because their profession directly affects people's lives. They should meet the standards provided by the appropriate agency to practice the profession. Although they are intellectual, being able to pass and be qualified to practice the profession, they are still human that are capable of committing mistakes, wrong judgments and rational hunches. Given this problem, the Government shall highly protect its citizen from these actions. This Study aims to determine whether the current laws here in the Philippines are sufficient in governing the practice of medicine. The lack of law specifically targeting medical negligence results the cases of it to resort only to laws governing ordinary negligence. This Study aims to determine also whether the negligence of a doctor or a professional is comparable to ordinary negligence of a person which is contrary because the former should exert extraordinary kind of diligence. The researchers have selected a Bill, The Senate Bill No. 1720 or The Anti-Medical Malpractice Bill, which would cover Medical Malpractice. It will also be examined here whether there is really a need for it, whether it has not violated any provision under the 1987 Philippine Constitution, whether it is in line with other related laws, and whether the rights of the physicians are not compromised.