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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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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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