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Republic
of the Philippines
HOUSE
OF REPRESENTATIVES
Quezon
City
TWELFTH
CONGRESS
First
Regular Session
House
Bill No. 4955
Introduced
by
REPRESENTATIVE
OSCAR S. RODRIGUEZ
EXPLANATORY
NOTE
This
legislative measure seeks to strengthen the right of a patient to quality
medical care. In providing penalties for gross negligence, it is hoped that all
fields of the medical profession will be screened from incompetent individuals.
The safety and welfare of the patient is of paramount importance to the nation,
it is henceforth, proper that only the most competent individuals be permitted
to practice medicine.
The
passage of this bill into law will, in the end, provide greater prestige to the
medical profession. At the same time, it would prevent the occurrence of
injuries and needless deaths caused by gross ignorance and negligence. May the
medical profession and the citizenry unite in building a progressive health care
system that will be both accessible and uncompromisingly professional.
For
this and other reasons, the passage of this house bill is earnestly sought.
OSCAR
S. RODRIGUEZ
Republic
of the Philippines
HOUSE
OF REPRESENTATIVES
Quezon
City
TWELFTH
CONGRESS
First
Regular Session
House
Bill No. 4955
Introduced
by
REPRESENTATIVE
OSCAR S. RODRIGUEZ
AN
ACT
PUNISHING
THE MALPRACTICE OF ANY MEDICAL PRACTITIONER
IN
THE PHILIPPINES AND FOR OTHER PURPOSES
Be
it enacted by the Senate and the House of Representatives of the Philippines in
Congress
assembled:
SECTION
1. Short Title. - This Act shall be known as the "Medical
Malpractice
Act of 2002."
SECTION
2. Declaration of Policy. - It is the policy of the State to ensure
the
safety
of and well being of patients by providing them with professional medical care.
SECTION
3. Definition of Terms. - Unless the context otherwise requires, the
following
terms shall have the following meanings:
(1)
"Medical Practitioner" shall refer to any physician, dentist, nurse,
pharmacist
or
paramedical or other supporting personnel (including medical and dental
technicians,
nursing assistants, and therapists);
(2)
"Illegal Surgery" shall refer to surgeries performed to remove healthy
human
organ/s
without the consent of the patient, with intent to gain on the part of
the
person or persons responsible for such surgery.
(3)
"Malpractice" shall refer to any personal injury, including death,
caused by
the
negligent or wrongful act or omission of any medical practitioner;
(4)
"Physicians" shall refer to Doctors of Medicine, duly certified by the
Professional
Regulatory Commission who are in active practice of medicine;
(5)
"Dentists" shall refer to Doctors of Dental Medicine, duly certified
by the
Professional
Regulatory Commission who are in active practice of dental
medicine;
(6)
"Patients" shall refer to people requiring medical attention from any
medical
practitioner.
SECTION
4. The Anti-Malpractice Act. - Any medical practitioner who
performs
any act constituting medical malpractice or the illegal practice of surgery
shall
be
punishable by imprisonment or fine or both and, in all instances, the
cancellation of
the
license to practice medicine.
SECTION
5. The Complainant. - The crime of malpractice shall be
prosecuted
upon the filing of a complaint by any of the following individuals:
(1)
the patient;
(2)
parents or legal guardians of the patient;
(3)
grandparents or collateral relatives;
(4)
an officer or social worker of the Department of Social Welfare and
Development
or of a duly licensed child caring institution, orphanage, home
for
the aged, mental hospital, or other similar institutions under whose care or
custody
the patient is committed;
(5)
a concerned, responsible hospital employee where the crime was committed
but
only if any of the persons mentioned in the four preceding paragraphs
have
expressly given their consent to the filing thereof.
SECTION
6. Effect of Pardon. - The express or implied pardon of the patient,
his/her
parents, grandparents or guardian shall not be a legal impediment to the
prosecution
of the crime nor will it extinguish the criminal action still pending, nor will
it
constitute
a ground for remitting the penalty already imposed.
SECTION
7. Penalties. - Medical malpractice and/or the practice of illegal
surgery
shall be punished by prisión mayor and the cancellation of the license
to practice
the
medical profession and a fine ranging from Five Hundred Thousand Pesos
(P500,000.00)
to One Million Pesos (P1,000,000.00) in the discretion of the court taking
into
consideration all attending circumstances.
Any
other crime committed by reason or on occasion of malpractice shall be
considered
as a separate offense and the rules on complex crimes shall not apply.
In
no case shall malpractice be considered as a mere aggravating circumstance
when
it is committed by reason or on occasion of the commission of another crime.
SECTION
8. Aggravating Circumstances. - The following circumstances
shall
aggravate the crime of malpractice:
(1)
permitting motives of profit to influence the free and independent exercise of
professional judgment on behalf of patients;
(2)
conscious infliction of harm to an unknowing patient with the malicious intent
of
profiting from such act.
SECTION
9. Damages. - In addition to the damages that may be awarded by
the
court under existing laws, the following circumstances shall warrant the award
of
additional
damages:
(1)
when the patient becomes insane or suffers any psychological damage by
reason
of malpractice;
(2)
death of patient by reason or occasion of malpractice;
(3)
physical disfigurement or permanent disability of the patient by reason of
malpractice.
SECTION
10. Repealing Clause. - All Laws, Presidential Decrees, Executive
orders,
Proclamations, and/or Administrative Regulations, which are inconsistent with
the
provisions
of this Act, are hereby amended, modified, superseded or repealed
accordingly.
SECTION
11. Effectivity. - This Act shall take effect fifteen (15) days after
its
publication
in the Official Gazette or in at least two (2) newspapers of general
circulation.
Vote
in our Poll for this proposed Medical Malpractice Law
CLICK
HERE
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