Falsely accused of medical malpractice by hospital

anonymous
This person has chosen to hide his/her identity.

San po pwedeng lumapit regarding sa kasamahan naming humaharap ng isyung medical malpractice? She is falsely accused kasi during that time off po siya ng 2 days na nangyari yung case pero nung hinarap siya sa mother ng patient siya po tinuro. Ngayon po hold ang vacation niya at kinuha rin ng hospital yung passport niya. Search po ako ngayun sa laws ng hospital wala po akong makita about rights ng staff facing medical malpractice. Thanks

 

Reply as anonymous (Your real name and picture will not be seen)
Adelaimar C Arias-Jose
is a Legal expert in the Philippines
Nasa ibang bansa kayo?
It's the laws of the country you are in that will apply, not the laws of the Philippines. I don't even know what country you are in right now.

Sa ibang bansa, you are supposed to have medical malpractice insurance (sa AU, US, UK, Canada, etc.) para kung may mag complain ng medical malpractice, merong kayong panagot. The only defense your friend has is that he or she was on leave on the day that the mother came in with his or her daughter.

May medical records naman, diba? Nakalagay naman doon kung sino ang attending physician? Kung hindi nakapirma ang friend mo as attending physician, at may proof siya na siya ay on leave noong araw na iyon, how could she be guilty?

Withholding an employee's passport is an illegal act anywhere in the world. It can only be withheld by the police and if only there is a complaint against you.

Best to talk to a lawyer there. Or better yet, ask help from the Embassy nearest you.
Joyce Chiok Ibis
is in Saudi Arabia
Thanks attorney, andito po kami ngayun sa saudi arabia. We are trying to contact the embassy pero until now wala pa sila reply or action. Meron naman po medical record. Pede po bang lumapit yung asawa niya sa DFA dyan sa atin?

About the author

Adelaimar C Arias-Jose

I am a graduate of the UP College of Law. Member of the Integrated Bar of the Philippines since 1995. I am currently involved in private practice in criminal, civil and labor law.
Profession: Lawyer
Adelaimar C. Arias-Jose
Office Address: #34 St. Michael Street
Philippines , Manila , Makati
The medical information contained in this section is not intended for treatment or prescription. It is used to complement, not replace, the communication between a patient and their physician. Reliance on any information provided by BuhayOFW or any medical experts is solely at your own risk. If you have a medical emergency, call your doctor or go to the hospital immediately. BuhayOFW's Medical Review Board is a team of board-certified doctors who ensure our content is medically accurate and reflects the latest in health information. Our experienced board of medical professionals verify that our content is thorough and all-inclusive, in order that you can trust the information you read here will help you through improvements in your health journey—whether that’s for yourself or for a loved one.

Disclaimer: The materials available in the Buhay OFW web site are for informational purposes and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Buhay OFW and the user or browser.

If you are a legal expert who would like to help answer questions, please register here.