THE RIGHTS OF THE FILIPINO DOCTOR

By :Brigitte Ulrike Tabaranza MD

RIGHTS OF THE FILIPINO DOCTORPRIVILEGE TO PRACTICE MEDICINESuch rights are protected by the Philippine Constitution, particularly the Bill of Rights, which includes:

The doctor may choose to limit the practice of medicine

to certain geographical or political boundaries, to

specific hour of the day or days of the week, to treat

patients only on an outpatient confinement

Filipino doctor must first secure a valid certificate

of registration and a license from the

Professional Regulation Commission

Rights inherent or incidental to the

privilege of practicing the medical profession

As a practicing physician, One can avail of services in a

government hospital provided he/she does not contravene

legitimate hospital policies or violate rules and promote high-quality patient care

May choose to perform only certain types of medical or diagnostic

procedures or to concentrate on certain fields of specialization

May choose to treat only certain types of illnesses,

diseases, or medical conditions, or treat only certain classes or groups

of people

RIGHTS TO COMPENSATIONOne very pertinent right of a physician is his/her right to a reasonable compensation for services rendered to a patient .

There is no law that dictates the amount of professional fee that a doctor can charge to a patient.

RIGHTS TO COMPENSATIONThe Implementing rules and regulations (IRR) of the recently amended code of ethics states that a fee twice or more than what colleagues within the same specialty are charging for a particular illness in the same hospital or community is considered exorbitant)

Several factors can affect the amount of the professional fee, such as the type and rarity of the procedure, the number of encounters with patients and the qualifications of the physician

RIGHTS TO COMPENSATIONThe fee can be forfeited and the services rendered gratuitously

For unpaid bills, the doctor can see the patient, but the former has no assurance that the court will not interfere with the amountthe former will be paid as no person in the country can be imprisoned for non-payment of debt

The relationship between doctor and patient is contractual in nature.

Philippine culture and laws recognized the validity of verbal contracts finalized by the mutual consent of the parties involved—the patient agreeing to be treated and the doctor agreeing to treat the patient.

RIGHTS TO COMPENSATIONViolation of the Philippine Medical Association (PMA) Code of Ethics is a ground for suspension or revocation of a physician’s license.

INCIDENTAL & INHERENT RIGHTS

Right to Practice MedicineJ. Pedro Solis (1988) cites in his book Medical Jurisprudence other rights incidental to the privilege to practice medicine such as:

Right of way while responding to the call of an emergency.Right of an exemption from execution of instruments and library.Right to hold certain public or private offices.Right to perform certain services.Right to membership in medical societies.

Other Rights of the Doctor

Right to travelRight to earn a livelihood in another countryRight to expand his/her education and expertise by further studies abroad.

If the doctor who is sued for negligence or malpractice as a

defendant has the same rights as any accused in a

court of law.

A defense to be effective must be timely. Otherwise, the doctor’s rights under existing laws might be deemed

waived.

RIGHTS OF A DEFENDANT DOCTOR

The following are the accused in a criminal case:

To have a preliminary investigation to determine probable cause.The right to have the production of the record of the preliminary investigation or any part thereof as evidence for the party concerned (Rule 112, Sec8).In case of arrest, not to be subjected to any great restraint than is absolutely necessary for his/her detention (Rule, 113, Sec. 2)To be informed of the cause of the arrest and of the fact that warrant has been issued for his/her arrest.

The following are the accused in a criminal case:

To demand to see the warrant of arrest as soon as is practicable, if the warrant is not in the possession of the arresting officer at the time of the arrest. To have an attorney or any other relative visit him/her in jail and confer with him/her privately. The right to bail if the offense is not punishable with death or life imprisonment provided the conditions for the granting of the bail has been met.

The following are the accused in a criminal case:

The right to be informed by the court of his/her right of counsel.The right to a bill of particulars at his/her arrangements or before he/she is arraigned. The right to the production or inspection of material evidence in possession of the prosecution and to have documents, objects, papers, other written statements, etc obtained during the course of the investigation, inspected, copied, or photographed.

Rule 115, Sec1 of the Revised Rules on Criminal Procedure states the following rights of the

accused during trial:

be presumed innocent until the contrary is proven beyond reasonable doubt.To be informed of the nature and cause of the accusation against him/her.To be present and defended in person and by counsel at every stage of the proceedings from the arraignment to the promulgation of the judgment.

Rule 115, Sec1 of the Revised Rules on Criminal Procedure states the following rights of the

accused during trial:

To testify as a witness in his/her own behalf but subject to cross-examination on matters covered by direct examination.To be exempt from being compelled to be a witness against himself/herself.To confront and cross-examine the witness against him/her at the trial.

Rule 115, Sec1 of the Revised Rules on Criminal Procedure states the following rights of the

accused during trial:

To have compulsory process issued to secure the attendance of witnesses and production of other evidence in his/her behalf.To have a speedy, impartial and public trialTo have the right of appeal in all cases allowed and in the manner prescribed by law.

SUBPOENA AS AN ORDINARY WITNESS OR AS AN EXPERT WITNESS

A doctor may be subpoenaed likewise to appear and testify in court either as an ordinary witness or as an expert witness.Even if a doctor does not want to testify when she/he is ordered by the court to appear at a hearing, he /she has no choice for he/she can be cited for contempt for his refusal to do so.

As an ordinary witness, he/she is asked to relate certain facts.

The doctor being already on the witness stand, the court or the other party may seize this opportunity to ask his/her opinions on the case.The testifying doctor unfamiliar with the courtroom setting, might inadvertently utter opinions that may not be totally true, and be used as a pawn to pin the defendant doctor down.

RIGHTS OF A DEFENDANT WITNESS IN COURT

These are the right of a witness:

To be protected from irrelevant, improper, or insulting questions and from harsh or insulting demeanor

Not to be detained longer than the interest of justice requires

Not to be examined except only as to matters pertinent to the issue

These are the right of a witness:

Not to give an answer which will tend to subject him/her to a penalty for an offense unless otherwise provided by law

Not to give an answer which will tend to degrade his/her reputation unless it be to the very fact at issue or to a fact from which the fact in issue would be presumed.

One of the constitutional rights of a citizen is that he/she cannot be compelled to be a witness against himself/herself.

A defendant doctor who is slapped with a frivolous, meritless suit has the right to countersue for damages.

Must Know……

CONCLUSIONPractice per se is a privilege and not a right.For valid grounds, the state be borne in mind that the doctor is, entitled to due process and be given a chance to explain his/her side in the proper forum.The doctor owes it to himself /herself to seize every opportunity to defend himself/herself and expose the truth, for it there is anything a doctor values more than the practice of medicine being a source of livelihood, it is his/her reputation as a doctor .

TIPS

TIPS TO AVOID MALPRACTICE SUITSNever take your patients for grantedPersonalize your treatment with patientsRespect the wishes and feelings of your patients When they refuse your advice, let them sign a waiver. Do not over-extend your practice.Be specific when referringAvoid telephone ordersWhen out of town or indisposed, make necessary endorsements.

TIPS TO AVOID MALPRACTICE SUITSChoose a competent reliever, preferably with the same or similar qualifications as yoursMaintain complete and accurate patients’ records so that they become your best ally.When you have a high-risk case, apply the red carpet treatment without being so obvious.Put your act together.You are your best witnessConsult your peers and seek legal advice before it is too late.

TIPS ON PRESCRIPTION DRUGSBe sure that there is a valid indication to prescribe the drugsObtain accurate drug histories, past and current, including herbal and non-traditional medicines.Be familiar with the interaction of drugs prescribed by you and othersInform patients of side-effects, adverse reactions and interactions of drugs you prescribed.

TIPS ON PRESCRIPTION DRUGS

Print medication orders, if you are prone to poor penmanshipPut a zero before a decimal point in the dosage to avoid errors in the interpretationDisplay allergies in the patient’s chartWarn patients to report to you any change in their condition