MEDICAL MALPRACTICE IN THE PHILIPPINES: A POLICY ISSUE. PATIENT’S RIGHTS AND OBLIGATIONS AND IMPOSING PENALTIES FOR VIOLATIONS: A POLICY ISSUE IN THE PHILIPPINES
There is a need
for a law that will protect, promote and defend the rights of patients. Data
from the Professional Regulatory Commission (PRC) indicates (per PRC Board of
Medicine August 2002 data, there are 585 docketed cases with 176 malpractice or
gross negligence cases) that over a hundred have been reported to them as early
as 1993. The Center for People’s Health Watch, a Cebu-based non-governmental
organization has documented 53 cases of medical malpractice from 1992 to 1996
in Visayas alone. Given that a doctor sees at least 10 patients daily five
times a week, the number of people who are put to risk is sizeable.
Even more
disturbing, these numbers are only
based on hospital statistics. They do not include deaths from missed
diagnoses or medical negligence that occurred in clinics, private doctors'
offices, or other treatment facilities. Yet there are still undocumented cases
where patients and their families simply accept with resignation the medical
tragedy they find themselves in. And the public has to be protected. Even the
poorest jeepney owner/operator cannot have his vehicle registered unless he has
insurance that spells third party liability. And they earn much less than the
lowliest paid licensed physician. We should not equate this as a punishment but
simply a means for equalizing the distribution of pecuniary liability.
The number of filed complaints, however, indicates
a low incidence ratio. Just because statistics show that there is only one
maimed or lost life for every three million patients is no justification for the
people to be less bothered.
From the plaintiff’s perspective, there are three
reasons to sue the physician for malpractice. First, filing a lawsuit is a way
to secure compensation for the injury. victims no doubt has some uninsured
costs associated with injury; compensate the family for the loss of work
related services, and recompense victim’s and her family’s suffering. Second,
suing the physician may provide a sense of corrective justice. An injured party
is “made whole” through restitution from the injurer. Provoking feelings of
remorse, shame, and guilt in the defendant is an integral part of this
corrective justice. Finally, tort litigation is meant to have a deterrence
function. By forcing the negligent party to pay a penalty, the system creates
an economic incentive to take greater precautions in the future. Presumably,
being sued will cause physicians to approach patients differently in the
future.
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