Medical Malpractice Act of 2002

House Bill No. 4955

 Many bills have been introduced in Congress that affect the practice of Medicine, but none has had as much publicity as that proposed by Hon. Oscar Rodriguez, submitted to the Twelfth Congress on its First Regular Session known as House Bill No. 4955. For the position of the Manila Medical Society on the Malpractice Bill please click here.



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 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 guardian 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 preceeding paragraphs have expressly given their consent to the filing thereof.


SECTION 6. Effect of Pardon- The expressed 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 prison 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 judgement 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 occassion 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 Gazzette or in at least two (2) newspapers of general circulation.


Approved,

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