1. Medical ethics refers to the principles and values that guide the decisions and actions of healthcare professionals in the practice of medicine. It involves the moral considerations and obligations that healthcare providers have towards their patients, colleagues, and society as a whole.
2. Bioethics is a broader field that encompasses medical ethics. While medical ethics focuses specifically on ethical issues arising in the practice of medicine, bioethics includes a wider range of ethical concerns related to healthcare and life sciences, such as genetics, reproductive technologies, and research involving human subjects.
3. The physician-patient relationship is crucial in healthcare. It is built on trust, open communication, and mutual respect. Some key reasons why this relationship is important include:
- Effective diagnosis and treatment: A strong relationship allows patients to share accurate and detailed information about their symptoms and medical history, enabling physicians to make accurate diagnoses and develop appropriate treatment plans.
- Informed decision-making: Physicians must provide patients with the necessary information about their condition, treatment options, risks, and benefits, allowing patients to make informed decisions about their healthcare.
- Continuity of care: A good physician-patient relationship promotes continuity of care, ensuring that patients receive consistent and coordinated care over time.
- Patient satisfaction and compliance: A positive relationship encourages patient satisfaction and improves adherence to treatment plans, leading to better health outcomes.
4. Patients have both rights and responsibilities. Some common rights of patients include:
- The right to receive appropriate and timely medical care without discrimination.
- The right to be informed about their medical condition, treatment options, risks, and benefits.
- The right to privacy and confidentiality of their medical information.
- The right to give informed consent or refuse treatment.
- The right to access their medical records.
- The right to seek a second opinion.
- The right to complain or file a grievance.
Patients also have responsibilities, such as:
- Providing accurate and complete information about their medical history, symptoms, and lifestyle.
- Complying with the prescribed treatment plan and medications.
- Respecting healthcare providers and their staff.
- Respecting the rights and privacy of other patients.
- Paying for the healthcare services received.
5. Medical malpractice refers to professional negligence by a healthcare provider that causes harm or injury to a patient. It occurs when a healthcare professional deviates from the standard of care expected in their profession, leading to patient harm.
6. The elements of medical malpractice typically include:
- Duty of care: The healthcare provider must have a duty to provide care to the patient, which is established when a doctor-patient relationship is formed.
- Breach of duty: The healthcare provider must have breached their duty by failing to meet the standard of care expected in their profession. This is determined by comparing their actions to what a reasonable and competent healthcare provider would have done in similar circumstances.
- Causation: The breach of duty by the healthcare provider must be the direct cause of the patient's harm. The harm must be a foreseeable consequence of the provider's actions or omissions.
- Damages: The patient must have suffered actual harm or damages as a result of the healthcare provider's breach of duty. This can include physical, emotional, or financial harm.
7. A subpoena is a legal document issued by a court or other authorized entity that commands a person to appear in court or produce specific documents or evidence. In the context of medical malpractice, a subpoena may be issued to obtain medical records, expert witness testimony, or other relevant evidence.
8. The litigation phases of a medical malpractice case typically include:
- Pre-litigation: This phase involves the initial investigation and evaluation of the claim, including gathering evidence, reviewing medical records, and consulting with experts. It may also involve attempts at settlement or negotiation.
- Filing a lawsuit: If a settlement cannot be reached, the plaintiff (the patient) files a lawsuit against the defendant (the healthcare provider). This initiates the formal legal process.
- Discovery: Both parties exchange relevant information and evidence through various methods, such as depositions, interrogatories, and requests for documents. This phase is aimed at uncovering facts and building the case.
- Mediation and settlement negotiations: Parties may engage in mediation or settlement negotiations with the help of a neutral third party to attempt to resolve the case before trial.
- Trial: If a settlement is not reached, the case proceeds to trial, where both parties present their evidence and arguments before a judge or jury. The trier of fact determines whether the healthcare provider is liable for medical malpractice and, if so, the damages to be awarded.
- Appeals: Either party may have the right to appeal the court's decision if they believe errors were made during the trial or if they disagree with the outcome.
9. In the Philippines, the practice of radiologic technology is regulated by the Radiologic Technology Act of 1992 (Republic Act No. 7431). This act establishes the licensure requirements, scope of practice, and professional responsibilities of radiologic technologists in the country.
10. Some common legal doctrines applied to medical malpractice include:
- Standard of care: Healthcare providers are expected to provide the level of care, skill, and judgment that is considered reasonable and appropriate within their profession. This standard is determined by considering the prevailing practices among similar healthcare providers in the same geographic area.
- Informed consent: Healthcare providers have a legal and ethical duty to obtain the informed consent of their patients before conducting any medical procedure or treatment. Informed consent requires providing patients with relevant information about the procedure, its risks and benefits, alternatives, and allowing them to make voluntary decisions.
- Res ipsa loquitur: This doctrine allows a court to infer negligence based on the type of injury or harm suffered, even without direct evidence of negligence. It applies when the injury is of a type that would not ordinarily occur without negligence, and the defendant had exclusive control over the instrumentality causing the harm.
- Causation: The plaintiff must prove that the healthcare provider's breach of duty was the direct cause of the harm suffered. This requires establishing that the harm was a foreseeable consequence of the provider's actions or omissions.
- Contributory or comparative negligence: In some jurisdictions, the plaintiff's own negligence or contribution to their own harm may affect their ability to recover damages. Contributory negligence completely bars recovery, while comparative negligence reduces the amount of damages based on the degree of the plaintiff's fault. The specific application of these doctrines varies across jurisdictions.
