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LEGAL MEDICINE MEDICAL JURISPRUDENCE Common complaints about doctors who commit malpractice
1. branch of medical 1. branch of law include:
science - Error in anesthesia
2. medicine applied to law 2. law applied to the practice - Mistake during childbirth
and administration of of medicine - Surgical errors
justice - Unnecessary surgery
3. originate from the 3. emanates from acts of - Wrongful death
development of Congress, executive orders, - Wrong diagnosis or misdiagnosis
medical science administrative circulars, Medical negligence occurs when a medical professional fails
custom and usage and to do something that should have been done.
decisions of tribunal which Examples of medical negligence include:
have relation to the - Failure to revise a diagnosis
practice of medicine - Failure to warn patients of the risks of treatment
4. based on the principles 4. based on the principles of - Failure to remove surgical instruments from the
of coordination, subordinations, that it is patient during surgery
coordinates medicine the duty of a physician to - Failure to attend to or treat a patient
to law and justice obey the laws in as much as - Incompetence
our government is - Failure to refer a patient to a specialist relevant to
established on the principle their disease or injury
of government of laws and - Wrongful diagnosis
not of men and that no one
is considered above the law
About Negligence 4. the patient was negatively affected in some
form by the damage.
Negligence occurs when an individual ignores basic civil
responsibilities and the lack of action thus causes In shorter terms, medical malpractice occurs when any
another individual or group of individuals to be hurt. medical professional does not provide the standard
When a professional is negligent, their clients can be legal care to their patient in regards to their profession.
hurt. In these cases, a hurt individual would be The element of damage refers to any damages that
someone who is affected in a negative way based on affected the client in any way, including monetary,
the former individual’s behavior. The negative causality physically, or emotionally. The time frame required
includes an individual being hurt in a financial, physical, from the incident to the case filing varies between
or emotional manner. locations and type of medical malpractice.
TORTS VS QUASI-DELICT
TORTS QUASI-DELICT
May be based on contract or No existing contract
not
Common law doctrine Based on civil law – civil
code
There is intentional tort There is no intention to
injure