Pronunciation of "Ignorantia legis non excusat"
Pronunciation: ig-no-RAN-tee-uh LEG-is non EK-skew-sat
Violations and Regulatory Actions
License Suspension: The Undersecretary of Health can suspend or revoke clinical laboratory
licenses for violating the Clinical Laboratory Act (RA 4688).
Key Violations:
1. Operating without a certified pathologist or qualified physician.
2. Employing unregistered personnel in medical technological positions.
Philippine Medical Technology Act (RA 5527)
Penalties: Medical technologists may face fines (₱2,000 to ₱5,000) or imprisonment (6 months
to 2 years) for:
o Practicing without the supervision of a qualified pathologist or physician.
Laboratory Management Responsibilities
Requirements:
o Clinical laboratories must be administered and supervised by licensed physicians (e.g.,
pathologists).
o Results from examination can only be released to an authorized physician.
Vicarious Liability
Definition: Under Article 2176 of the Civil Code, individuals are responsible not only for their
actions but also for those under their supervision (like employees or children).
Types of Liability:
1. Parents: Liable for damages caused by minor children.
2. Guardians: Liable for damages by those in their care.
3. Employers: Liable for employee actions within job duties, regardless of business type.
4. State: Responsible for damages caused by special agents, except for normal public
officials.
5. Teachers: Liable for injuries caused by students in their care.
Legal Doctrines
Respondent Superior: Employers are liable for their employees' wrongful acts unless they prove
due diligence.
Captain of the Ship: Surgeons are responsible for everything that occurs in the operating room.
Ostensible Agency: A principal can be bound by actions of an agent if the agent appears to have
authority.
Hospital Responsibilities
Hospitals must:
1. Maintain safe facilities and equipment.
2. Employ competent physicians.
3. Oversee all medical practitioners.
4. Implement effective policies for quality patient care.
Res Ipsa Loquitur
Meaning: "The thing speaks for itself." This doctrine allows an inference of negligence based on
the circumstances of an injury.
Requisites:
1. The accident is of a type that does not occur without negligence.
2. Caused by an instrumentality under the control of the defendant.
3. Elimination of any conduct contributing to the plaintiff's responsibility.
Application in Medical Malpractice
Res Ipsa Loquitur Cases: It applies in cases such as:
o Leaving a foreign object in a patient post-surgery.
o Injuries occurring in healthy areas of the body.
o Wrong surgical procedures.
Force Majeure
Meaning: Extraordinary events that are unpredictable or unavoidable (e.g., natural disasters).
Legal Application: Cannot be invoked if gross negligence is involved in preventing foreseeable
risks.
Damages
Definition: Monetary compensation for injuries or losses.
Types of Damages:
1. Actual Damages: Direct losses proven by the plaintiff.
2. Moral Damages: Compensation for emotional suffering and mental anguish.
3. Nominal Damages: Recognizes rights without compensation for loss.
4. Temperate/Moderate Damages: For losses that cannot be precisely calculated.
5. Liquidated Damages: Previously agreed amounts for breach of contract.
6. Exemplary Damages: Additional penalties for gross misconduct.
Sample Case: Dr. Ninevetch Cruz
Background: The case involved a patient who died post-surgery due to negligence.
Findings:
o Court established civil liability for the doctor due to reckless conduct.
o The court awarded compensation for civil liability, moral damages, and exemplary
damages to the deceased's heirs.
Legal Basis for Awards
Civil Code Article 20: Indemnification for willful or negligent acts causing damage.
Moral and Exemplary Damages: Imposed for broader societal benefit and recognition of the
violation.
