PHILIPPINE HEALTH CARE IN CRISIS PART IV: A MEDICAL MALPRACTICE CASE IN THE PHILIPPINES
[This post is intended as a parallel to the post below (PHILIPPINE HEALTH CARE IN CRISIS PART III: WHY MEDICAL MALPRACTICE WILL NOT WORK IN THE PHILIPPINES). But, because of limitations of the blogspot format (no complaints, mind you), I am posting this in an over/under fashion with the former]
It is now after passage of the Philippine Medical Liabilities Act of 2006. A patient sues say a plastic surgeon because of a poor tummy tuck result. A case is filed at the City Prosecutor’s Office who decides on the merits of the case. On the question of community standards of care, all kinds of “experts” will be presented – from the faith healer in Carcar to the iris scanners at the mall to the cosmetic surgery experts in Manila. Fund transfers start flying all over within the framework of “preliminary hearing”. The plaintiff pays more and the case gets accepted for litigation.
The case is now raffled off to a RTC judge. (In this system, the judge is a one-man-act, no 12-man jury here. He will referee the proceding and decide at the end). The judge will look at the merits of the case, sees the high stakes in it and certifies it as meritorious. The merits of the case from both sides will be officially reviewed by the judge and a settlement conference is scheduled. Now, fund transfers fly in a higher level. No settlement is reached so the case goes to trial.
Trial time. Trial is basically a parade of testimonial “experts” including the faith healer from Carcar, fighting to probe to the judge that yes/no the plastic surgeon met the community standard of care. Why did the judge accept the faith healer as an “expert” witness? Heck, he goes there himself for his cysts, diabetes and “high blood” (in a recent Pulse Asia survey, more than 60% of people chose faith healer over doctor).
For the poor plastic surgeon, the final blow was this high-paid cosmetic surgery “expert” from Manila who never spent a day of training in plastic surgery, who testifies that the services and result were below community standards of care. Why does the judge judge (no typo here) accept this “expert”? Heck, he sees and listen to him/her every morning on national TV.
After 1 year of the trial process – delays, postponements, conflicts with the judge’s docket schedule (read: there are other more promisingly lucrative cases), it’s decision time. Some heretofore unknown person approaches the plastic surgeon’s main counsel and says: “The judge will hand down his decision tomorrow. If you have 2 million pesos, he will give it to you”. This information is relayed to the plastic surgeon who asks: “Why should we do that when the trial clearly shows that I am innocent?” (As if the trial really counts!) This in turn is relayed to the fixer verbatim. The message back to the plastic surgeon: “…then he will give it to the other side”.
Two million is two million. The plastic surgeon pinned some hopes on the slim chance that the judge has got some righteousness in him.
The following day, decision time at the RTC: “Guilty!”
The plastic surgeon loses his license to practice medicine and goes to jail to start life among murderers, rapists, child molesters, drug addicts, carnappers, swindlers and kidnappers (notice: no big time smugglers, drug lords and government grafters and corrupters here).
It is now after passage of the Philippine Medical Liabilities Act of 2006. A patient sues say a plastic surgeon because of a poor tummy tuck result. A case is filed at the City Prosecutor’s Office who decides on the merits of the case. On the question of community standards of care, all kinds of “experts” will be presented – from the faith healer in Carcar to the iris scanners at the mall to the cosmetic surgery experts in Manila. Fund transfers start flying all over within the framework of “preliminary hearing”. The plaintiff pays more and the case gets accepted for litigation.
The case is now raffled off to a RTC judge. (In this system, the judge is a one-man-act, no 12-man jury here. He will referee the proceding and decide at the end). The judge will look at the merits of the case, sees the high stakes in it and certifies it as meritorious. The merits of the case from both sides will be officially reviewed by the judge and a settlement conference is scheduled. Now, fund transfers fly in a higher level. No settlement is reached so the case goes to trial.
Trial time. Trial is basically a parade of testimonial “experts” including the faith healer from Carcar, fighting to probe to the judge that yes/no the plastic surgeon met the community standard of care. Why did the judge accept the faith healer as an “expert” witness? Heck, he goes there himself for his cysts, diabetes and “high blood” (in a recent Pulse Asia survey, more than 60% of people chose faith healer over doctor).
For the poor plastic surgeon, the final blow was this high-paid cosmetic surgery “expert” from Manila who never spent a day of training in plastic surgery, who testifies that the services and result were below community standards of care. Why does the judge judge (no typo here) accept this “expert”? Heck, he sees and listen to him/her every morning on national TV.
After 1 year of the trial process – delays, postponements, conflicts with the judge’s docket schedule (read: there are other more promisingly lucrative cases), it’s decision time. Some heretofore unknown person approaches the plastic surgeon’s main counsel and says: “The judge will hand down his decision tomorrow. If you have 2 million pesos, he will give it to you”. This information is relayed to the plastic surgeon who asks: “Why should we do that when the trial clearly shows that I am innocent?” (As if the trial really counts!) This in turn is relayed to the fixer verbatim. The message back to the plastic surgeon: “…then he will give it to the other side”.
Two million is two million. The plastic surgeon pinned some hopes on the slim chance that the judge has got some righteousness in him.
The following day, decision time at the RTC: “Guilty!”
The plastic surgeon loses his license to practice medicine and goes to jail to start life among murderers, rapists, child molesters, drug addicts, carnappers, swindlers and kidnappers (notice: no big time smugglers, drug lords and government grafters and corrupters here).
posted by mactanman at 11:31 PM
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