G. Medical Negligence and Malpractice

Doctrine of Informed Consent

The doctrine of informed consent requires a doctor to inform his patient of the material risks associated with a medical procedure.

Elements of a malpractice claim based on the doctrine of informed consent

• The physician had a duty to disclose material risks;
• He failed to disclose or inadequately disclosed those risks;
• As a direct and proximate result of the failure to disclose, the patient consented to the treatment, which he or she would otherwise not have consented to; and
• The patient was injured by the proposed treatment (Li v. Soliman, G.R. No. 165279, 2011)

Doctrine of Informed Consent

The doctrine of informed consent requires a doctor to inform his patient of the material risks associated with a medical procedure.

Doctrine of Corporate Responsibility

A hospital has the duty to see that it meets the standards of responsibilities for the care of patients. Such duty includes the proper supervision of members of its medical staff. (Professional Services, Inc. v. Agana)

Doctrine of Informed Consent

Informed consent has evolved into a general principle of law that a physician has a duty to disclose material risks of a proposed course of treatment—risks that a reasonable person in the patient’s position would consider important to the decision—so that a patient, may intelligently exercise his judgment by reasonably balancing the probable risks against the probable benefits. [Canterbury v. Spence (464F.2d772)]