On Medical Negligence: Law and Jurisprudence

Abstract / Excerpt:

The Hippocratic Oath taken by medical practitioners may be expressed as primum non nocere, or simply "First, do no harm." Where a medical doctor or physician does harm to a patient in the former's capacity as such, he violates this oath. Medical malpractice or, more appropriately, medical negligence, is that type of claim which a victim has available to him or her to redress a wrong committed by a medical professional who has caused bodily harm to or the death of a patient. To successfully pursue such a claim, a patient must prove that the physician failed either to do something that a reasonably prudent health care provider would have done or did something that a reasonably prudent provider would not have done; and that failure or action caused injury to the patient.

Full Text

The Hippocratic Oath taken by medical practitioners may be expressed as primum non nocere, or simply "First, do no harm." Where a medical doctor or physician does harm to a patient in the former's capacity as such, he violates this oath. Medical malpractice or, more appropriately, medical negligence, is that type of claim which a victim has available to him or her to redress a wrong committed by a medical professional who has caused bodily harm to or the death of a patient. To successfully pursue such a claim, a patient must prove that the physician failed either to do something that a reasonably prudent health care provider would have done or did something that a reasonably prudent provider would not have done; and that failure or action caused injury to the patient.

Info
Source JournalMindanao Law Journal
Journal VolumeMindanao Law Journal Vol. 4 No. 4
AuthorsJess Zachael B. Espejo
Page Count6
Place of PublicationDavao City
Original Publication DateJanuary 1, 2013
Tags Law and Jurisprudence, Medical Negligence, journal
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