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Redifining Duty towards an Interdisciplinary Appraisal of Medical Negligence Jurisprudence in the Philippines/ by Lee Edson P. Yarcia

By: Material type: ArticleArticleSeries: Philippine Law Journal ; Vol.91, No.2 (April 2018) | ; Vol.91, No.2 (March 2018)Publication details: Diliman, Quezon City, Philippines: University of the Philippines College of LawDescription: 25 pagesISSN:
  • 0031-7721
Subject(s): DDC classification:
  • BPer. 340 P538
Summary: This note examines recent and leading cases on medical negligence, and analyzes the factors that courts use in determining whether a physician is liable under the law on torts and quasi-delicts. Through an interdisciplinary approach, this Note assesses the functionality of the factors used by courts vis-a-vis the standard of care used by the medical community. Current Philippine literature on medical negligence, reviewing bills on medical malpractice, and exploring the utility of self-regulation in medical malpractice cases. This note focuses on directly appraising the definition of "duty" as currently understood by the courts and proposes the use of an evidence-based medicine framework to reduce variability in practice with an end goal of promoting patient rights and welfare.
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Item type Home library Call number Status Date due Barcode
Bansalan Periodicals Bansalan Periodicals UM Bansalan College LIC BPer. 340 P538 (Browse shelf(Opens below)) Not For Loan

This note examines recent and leading cases on medical negligence, and analyzes the factors that courts use in determining whether a physician is liable under the law on torts and quasi-delicts. Through an interdisciplinary approach, this Note assesses the functionality of the factors used by courts vis-a-vis the standard of care used by the medical community. Current Philippine literature on medical negligence, reviewing bills on medical malpractice, and exploring the utility of self-regulation in medical malpractice cases. This note focuses on directly appraising the definition of "duty" as currently understood by the courts and proposes the use of an evidence-based medicine framework to reduce variability in practice with an end goal of promoting patient rights and welfare.

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