Dejarme, Lizerril F.
Establishing the standard of care required of hospitals as basis for determining civil liability for acts or omissions resulting to injury / Lizerril F. Dejarme. - Cebu City : University of Cebu, 2018. - iv, 93 leaves : illustrations ;
Thesis (Degree of Juris Doctor) -- University of Cebu Banilad, 2018.
Includes references (leaves 87-90).
Summary: Medical institutions such as hospitals should be vigilant in exercising utmost care in undertaking one of humanity's most important and delicate endeavors- the practice of medicine. However, no law or statue as regards to carrying out this most delicate endeavor has been created. This study aims to adopt a framework by which a standard of care required of a hospital is established. A qualitative research method through descriptive and comparative approach has been utilized. In the assessment of stakeholders' perception on the sufficiency or insufficiency of a standard of care required of hospitals, which was determined by conducting a random interview of stakeholders, it was found that the standard of care required of hospitals is not only insufficient but lacking. As regards the comparative studies of the decisions of the Supreme Court with regard hospital liability or non-liability of hospitals in injuries sustained by a patient under their care is born out of equitable principles having no legislative basis.
Hospitals being a particular institution, given the privilege and the license to provide diagnosis and treatment are not merely confined to a building or infrastructure; instead, it is an institution that is tasked to provide quality care for the promotion of health of the people. Thus, this study proposes an amendment to the Code of Medical Ethics to include the hospital's social responsibility to the general public and to implement the guidelines in the observation in the Code of Ethics for the Philippine Hospital Association as mandatory, not merely optional.
Keywords: standard of care, liablity, medical institution, qualitative research, legal medicine, Philippines.
English
Establishing the standard of care required of hospitals as basis for determining civil liability for acts or omissions resulting to injury / Lizerril F. Dejarme. - Cebu City : University of Cebu, 2018. - iv, 93 leaves : illustrations ;
Thesis (Degree of Juris Doctor) -- University of Cebu Banilad, 2018.
Includes references (leaves 87-90).
Summary: Medical institutions such as hospitals should be vigilant in exercising utmost care in undertaking one of humanity's most important and delicate endeavors- the practice of medicine. However, no law or statue as regards to carrying out this most delicate endeavor has been created. This study aims to adopt a framework by which a standard of care required of a hospital is established. A qualitative research method through descriptive and comparative approach has been utilized. In the assessment of stakeholders' perception on the sufficiency or insufficiency of a standard of care required of hospitals, which was determined by conducting a random interview of stakeholders, it was found that the standard of care required of hospitals is not only insufficient but lacking. As regards the comparative studies of the decisions of the Supreme Court with regard hospital liability or non-liability of hospitals in injuries sustained by a patient under their care is born out of equitable principles having no legislative basis.
Hospitals being a particular institution, given the privilege and the license to provide diagnosis and treatment are not merely confined to a building or infrastructure; instead, it is an institution that is tasked to provide quality care for the promotion of health of the people. Thus, this study proposes an amendment to the Code of Medical Ethics to include the hospital's social responsibility to the general public and to implement the guidelines in the observation in the Code of Ethics for the Philippine Hospital Association as mandatory, not merely optional.
Keywords: standard of care, liablity, medical institution, qualitative research, legal medicine, Philippines.
English