Tuesday, September 25, 2007
Bill - Hon. Anna Lyn M. Bandagosa
Polytechnic University of the Philippines
Mabini Campus
Sta. Mesa, Manila
YOUTH CONGRESS
First Regular Session
HOUSE BILL NO. ______
Introduced by: ANNA LYN M. BANDAGOSA
EXPLANATORY NOTE
In Article 2 section 15 of the constitution, it explicitly provides that the state shall promote the right to health of the people and instill health consciousness among them. In pursuance of this Constitutional mandate, the government has implemented various health policies to protect the right to health of the people and public health worker.
The government provides different health services such as health centers in different Baranggays, public hospitals, medicines and medical practitioners in order to sustain the good health of the people.
In line with that, the state often give licensed to those medical professionals to perform their jobs, with the educational system for such professionals being highly regulated. These medical professionals have the power to extend or end lives, so these professionals should perform with utmost responsibility and live up to the expectations of the general public and to provide quality health services.
While there is no contention that professionals in the field of medicine and health care do not have the intention to do harm to their patients, it cannot be denied that just as in any other profession, errors due to incompetence and negligence still occur in the treatment of patients that sometimes leading to fatal consequences. Many of these patients died and aggravate additional injuries, which is appalling in the dignity of these medical professionals and also in the part of the people in the hospitals because their main duties is to save life but there are times that they end the lives of the patients due to their being irresponsible.
We have seen and heard many stories of miserable and ruined lives due to the errors of medical professionals abound n the media. Although some in the medical field say these comprise just a very small percentage of patients, these are still lives of human beings, which should not have been destroyed by an equally small percentage of negligent and incompetent medical professionals. There should be no room for mistakes in the field of medicine because what is being talk about here are the lives of the people, which is the highest gift from God.
This bill seeks to provide a society where in the medical professionals are being punish because they perform their jobs them duties with negligence band incompetence and weeding them out of their professions. It also provides a process where justice is fair and attain both by the patients and the medical practitioners.
In view of the reasons, the immediate approval of this bill is earnestly sought.
ANNA LYN M. BANDAGOSA
Polytechnic University of the Philippines
Mabini Campus
Sta. Mesa, Manila
YOUTH CONGRESS
First Regular Session
Introduced by: ANNA LYN M. BANDAGOSA
AN ACT
PROVIDING PUNISHMENT ON THOSE MEDICAL PRACTITIONERS THAT COMMIT MEDICAL MALPRACTICE AND ILLEGAL MEDICAL PRACTICE
SECTION 1. Title. – This Act shall be known as “Anti-Medical Malpractice Act of 2007”
SECTION 2. Policy and Objectives. – The state shall protect and promote the right to health of the people and instill health consciousness among them. Towards this end, this act aims to protect and ensure the safety and wellness of the patients by creating an environment wherein incompetent and negligent medical practitioners shall be punished.
SECTION 3. Definition of Terms. – As used in this Act, the following term shall be understood to mean:
Medical Practitioner - shall refer to individuals in the medical and health profession, duly certified by the Professional Regulatory Commission where applicable, who have direct responsibility in the treatment, surgery, diagnosis or care of patients such as, but not limited to physicians, dentists, nurses, pharmacists and paramedics.
Medical Malpractice – shall refer to acts of gross negligence or incompetence or omission by a medical practitioner resulting to a new or aggravated injury or illness, deformity or death to the patients. Such negligent or incompetent acts or omissio0n should be a breach of the accepted standards of medical care given by reasonable and prudent medical practitioners under the same circumstances.
Patients – shall refer to persons requiring medical attention from any medical practitioner.
Illegal Medical Practice – shall refer to the act of providing patients with medical attention without possessing the required training, education, certification, license or legal authority to perform the functions of medical practitioners and specialists.
Hospital – shall refer to a institution, building and place where there are facilities and personnel for the continued and prolonged care of patients.
SECTION 4. The Anti Medical Malpractice Act. – Any individual who performs an act constituting medical malpractice as defined in this Act shall be punishable by imprisonment or fine or both and in all instances, the suspension or cancellation of the license as a medical practitioner.
SECTION 5. Illegal Medical Practice – Any individual who performs an act constituting illegal medical practice as defined as in this Act shall be punishable by imprisonment or fine or both.
SECTION 6. The Complainant – The following may file a complaint of medical malpractice against a medical practitioner:
The patient;
Parents or legal guardian of the patient;
Grandparents and or any relatives of the patient;
Any medical institution that has concern with the patient
The complainant shall file the case or claims not later than two years.
SECTION 7 The Board of Medicine of the Professional Regulations Commission – The Board of Medicine shall review the claims and justify that there is negligence or Incompetence in the part of the medical practitioner, and shall issue a Certification of Substantial Basis not later than three months.
SECTION 8. Penalties – Persons who commit medical malpractice shall suffer the penalty of imprisonment from a minimum of six months to a maximum of five years or a fine from a minimum of Two Hundred Thousand Pesos (200,000.00) to a maximum of Five Hundred Thousand Pesos (500,000.00), or both, in the discretion of the court taking into consideration all attending circumstances.
In cases where the offense results in a new or aggravated injury or illness to the patient, the Professional Regulations Commission shall suspend the license of the offender for a period not lower than six months and with that period of time, the offender shall undergo a proper training done by the Board of Medicine.
In case where the offense results in the permanent disability, disfigurement or death of the patient, the Professional Regulations Commission shall revoke the license of the offender and may only be appealed for reinstatement after two years.
Persons who commit illegal medical practice shall suffer the penalty of prison or a fine not lower than Two Hundred Fifty Thousand Pesos (250,000.00), or both, in the discretion of the court taking into consideration all attending circumstances.
SECTION 9. Damages – In addition to the penalties prescribed in this Act, the offender shall responsible on paying the hospital bills done by the patient while he is in the hospital. The following circumstances shall warrant the award of damages amounting to not more than Two Million Pesos (2,000,000.00):
When the patient becomes insane or suffers any psychological damage by reason of malpractice or illegal medical practice;
Physical disfigurements or permanent disability or death of the patient by reason of malpractice or illegal medical practice.
SECTION 10. Aggravating to Medical Malpractice – A deliberate attempt to withhold information on the circumstances of the treatment, medication, surgery, or diagnosis of the patient, shall aggravate the crime of malpractice.
SECTION 11. Reinstatement – The following shall govern the reinstatement by the Board of Medicine of a suspended or revoked license:
Suspended License- after the prescribed period, a suspension of the license may be lifted if the offender attends the training and passes a validation exam administered b the appropriate regulatory agency.
Revoked License – after two years, a revoked license may be reinstated if the offender attends the training and passes a validation exam administered b the appropriate regulatory agency.
SECTION 12. Separability Clause – If any part, section or provision of this Act is held invalid or unconstitutional, other provisions not affected thereby shall remain I force and effect.
SECTION 13. Repealing Clause – All other laws, decrees, orders, issuance, rules and regulations that are inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.
SECTION 14. Effectivity – This Act shall take effect upon its approval.
Approved.Labels: health
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