Patterns of resolved medical malpractice cases in the Philippines

ABSTRACT

BACKGROUND@#Medical malpractice is an act or omission by a health care provider that deviates from accepted standards of professional practice leading to injury to the patient. Tort actions of negligence prevail when a plaintiff establishes in court that (1} the physician had a duty to the patient referred to as patient-physician relationship; (2} a dereliction or breach of that duty occurred (3} the dereliction of duty resulted in damage to the patient, and (4} the patient was, in fact, damaged (Brown, 1976).@*METHODS@#The study was conducted to describe the patterns of the resolved medical malpractice cases in the Philippines. Transcripts of records of resolved medical malpractice cases were retrieved, analyzed and evaluated by 2 lawyers and the researcher.@*RESULTS@#Negligence was established as the main cause of litigation among the 6 resolved medical malpractice cases. Eight physicians were found liable while 4 were acquitted. The litigation process was protracted, lasting 13-24 years.@*CONCLUSION@#The results of the study serve to provide an overview of medical malpractice cases in the Philippines. It is hoped to increase the awareness of health care providers regarding medical malpractice.