DE LA SALLE COLLEGE OF LAW

MIDTERMS 2017

INSTRUCTIONS: (FOR STRICT COMPLIANCE)

i.! Next Saturday (October 21st) will be Library Work to do research for this midterm exams.
ii.! Research is essential. You need it to prepare a good complaint-affidavit or counter-affidavit for your
client.
iii.! All papers should be submitted online to dockaren2000@yahoo.com BEFORE 12 MN FRIDAY,
October 27, 2017.
iv.! Group work is TEAMWORK. Failure to follow instructions means a failing grade for the group.
Please note clearly who your clients are.

QUESTION 1.

On 30 October 2015, Dr. Viral received a summons from the Office of the City Prosecutor with attached
complaint-affidavit for Reckless Imprudence resulting to Homicide. Please find complaint-affidavit below.

Part A: Prepare a counter-affidavit for your defendant-client.

Classes 2pm and 6pm client is Dr. Viral

Classes 4pm and 720pm clients are Doctors Memorial Medical Center and nurses.

Part B: Discuss the following:

a.! What defenses may each defendant claim bearing in mind the provisions of the Physicians
Code of Ethics and the Rights and Duties of Patients?
b.! Did the hospital violate Republic Act No. 8344 or "AN ACT PROHIBITING THE
DEMAND OF DEPOSITS OR ADVANCE PAYMENTS FOR THE CONFINEMENT
OR TREATMENT OF PATIENTS IN HOSPITALS AND MEDICAL CLINICS IN
CERTAIN CASES"?
c.! If you were counsel for the complainant, what doctrine/s would you use to further your
argument that the defendants should be held liable?
d.! If you were counsel for the complainant, other than filing this criminal case for Reckless
Imprudence resulting to Homicide, what other remedy is available? How will you explain
these other remedies to your client?

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Republic of the Philippines }
City of Manila }

COMPLAINT AFFIDAVIT

I, Juan Dela Cruz, Filipino, of legal age, married, a resident of 540 Roxas Blvd., Manila, having been sworn
in accordance with law, hereby depose and say that:
1.! On 6 February 2015 at around 10PM, I brought my 60 year old mother to the emergency
room of Doctors Memorial Medical Center because of fever, chills and joint pains. We came all the way from
Cagayan Valley for treatment.
2.! Upon examination there were noted rashes on her body as well as mouth sores. Laboratory
testing by the ER doctor on duty and she told me that my mother most probably has Chikungunya but it
could also be septic arthritis. We were advised admission for observation.
3.! After processing with the admitting section and paying a deposit of PHP 30,000.00, we were
admitted to a regular room after staying 8 hours in the emergency room because we had to wait for my
brother to bring cash for our deposit. At the time of admission, my mother was able to walk despite the joint
pains.
4.! Around 8AM of 7 February 2015, a certain Dr. Viral came to see and examine my mother
and explain to me her condition. She told us that she was an Infectious Disease specialist. When I asked Dr.
Viral about the joint pains, she just told me that it was part of the illness and she gave us Paracetamol for the
fever and Ibuprofen for the pain.
5.! According to Dr. Viral my mother was suffering from Chikungunya and that the expected
recovery was about 4 or 5 days. She explained to me that Chikungunya was a viral infection and transmitted
by mosquitoes.
6.! Despite the medications being given, my mother was still in extreme pain with very minimal
relief. I begged the nurses to contact Dr. Viral because of the unrelieved pain.
7.! At around 8PM of 7February 2015, I noticed that the rashes on my mother has worsened. It
became bigger and looked fluid filled. Her mouth sores were also worsening. I asked the nurses to relay this
to Dr. Viral as soon as possible.
8.! Dr. Viral visited my mother the following day. I mentioned the rashes and the mouth sores
and asked her if maybe her diagnosis was wrong. She said it is Chikungunya but not the typical one. My
mother started to grow weak and was always sleeping.
9.! At around 4PM of 8 February 2015, I noticed that my mother was taking an unusually long
nap. I tried to wake her up but could not; prompting me to call the nurses. A code white was called and I
noticed a lot of doctors come into our room.
10.! Around 530PM, she was transferred to the ICU for close monitoring and management. She
was also not breathing well so they put a tube in her throat to help her breathe. She was also given a lot of
medications through her veins one of which was to keep her blood pressure up.
11.! At around 1:20AM of 8 February 2015, I saw from the hallway that the nurses suddenly
rushed to the ICU bed of my mother and started to pump her chest.
12.! Sometime around 2AM of 8 February 2015, my mother died. No explanation was given to
us as to why she died except that she died of complications.
13.! There was an epidemic of Chikungunya in Cagayan Valley at that time but not one of our
neighbors had to be hospitalized much less died. I believe that my mother was misdiagnosed by Dr. Viral and
the nurses and the hospital failed to take care of her properly. Such negligence caused by Dr. Viral and the
hospital and their staff prompted me to file this action for Reckless Imprudence resulting to Homicide.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 10th day of October, 2015 in
Manila, Philippines.

JUAN DELA CRUZ

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QUESTION 2.

On September 11, 2014 at around 6AM, Eduardo Bueno (EB), a 16 year old boy was involved in a vehicular
accident along SLEX. His motorcycle hit a parked car causing him to be thrown away from his vehicle. Dr.
Doctor was driving to Mercy Hospital that morning and saw the whole thing. He immediately put EB in the
back seat of his vehicle and brought him to the emergency room of Mercy Hospital.

Upon examination of EB, it was determined that he had no sensation or motor movement from the navel
down to his legs. That is, he was half paralyzed. An MRI of his whole spine was done which revealed that his
spinal cord is almost cut in half at the level of T10 (the umbilicus or navel) except for a thin threadlike
attachment. Any unnecessary movement could cut this remaining attachment and completely sever the spinal
cord. He was referred to Dr. House, a spine surgeon who advised immediate surgery to stabilize the spine.
The risks of the procedure were discussed with him and his mother, Clara Bueno. The risks include (but are
not limited to) the following:

! Reaction to anesthesia or other drugs.

! Bleeding.
! Infection.
! Blood clots, for instance in the legs or lungs.
! Heart attack.
! Stroke.
! Recurrent disc herniation.
! Further nerve damage, which can result in weakness, paralysis, pain, sexual dysfunction, or loss of
bowel or bladder control.

After the surgery, the patient was brought back to the ICU for close monitoring. Post-operative instructions
include:

! Regular turning every 2 hours to prevent the development of bedsores

! Antibiotic treatment to prevent infection
! Daily rehabilitation therapy to prevent muscle atrophy
! Pain medications for pain control

All of the above instructions were done except for the regular turning every 2 hours and the rehabilitation.
There were times when the mother would beg the nurses not to move her son because she could not stand
seeing him in so much pain. She also preferred that her son not be woken up for turning if he was asleep.

Three days after surgery, the ICU nurse noted a reddening of the skin in the buttocks. This was a beginning
bedsore. She talked to the mother about the possibility of referral to Wound Care Management to prevent
worsening of the bedsore. The mother refused when she found out that the referral will be an additional cost
to them.

Five days after the surgery, EB was cleared to leave the ICU and transfer to a regular room. The same turning
and rehabilitation instructions were ordered to be continued while in the regular room. Upon arrival to the
room, the nurse in charge noticed a deep bed sore on his buttocks. Again, the mother was advised and finally
convinced by the nurse to have Wound Care examine and treat the bedsore.

Wound Care visited the patient every other day, as per protocol, to treat and change the dressing on the bed
sore. When asked, the Wound Care team would say that the bedsore was slowly healing. Treatment for EB

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continued for 4 more weeks until he was fit for discharge. During the 4 weeks, the turning and rehabilitation
schedules were not following regularly because of the pain.

Just prior to discharge, the patient had an episode of diarrhea which soaked the dressing on his bedsore
causing it to fall off. Upon seeing the wound, Clara panicked because she did not realize how deep the sore
was. It was the first time she saw it. She refused to have her son discharged and had the nurse call his
attending physician/pediatrician, Dr. Love. The attending physician referred the patient to a general surgeon,
Dr. Grey, who upon seeing the wound claimed that the bedsore is caused by poor nursing care.

Because of the bedsore, the EB had to stay 4 more weeks at the hospital for treatment. Upon discharge, the
outstanding hospital bill was PHP 1.7M.

Clara wants to file a complaint for medical malpractice against Drs. House and Love, the nurses and the
hospital because of the bedsore. She claims that, had her son been taken cared of properly, he would not have
developed a bedsore and he would not incur additional expenses.

Part A: Prepare a complaint-affidavit for Clara Bueno.

Part B: Discuss the following:

a.! As counsel for the complainant, what doctrine/s would you use to further your argument
that the defendants should be held liable?
b.! What defenses may the defendants claim bearing in mind the provisions of the Physicians
Code of Ethics and the Rights and Duties of Patients?
c.! One of the reasons given as to why EB became paralyzed was that his spine might have been
inadvertently moved during the transport from the site of the accident to the hospital. Do the
Buenos have a cause of action against Dr. Doctor? What can be his defense?
d.! Did Dr. Grey violate any provision of the Code of Ethics?

QUESTION 3.

I.! Bearing in mind the provisions of the Revised Penal Code, Articles 256 and 259, argue FOR THE
LEGALITY of the abortion using other relevant laws and cases. You may cite US cases in support of
your argument.

II.! Being a devout Catholic, the woman decides to continue with her pregnancy and forego any
treatment. She executed an advance directive stating that in case she becomes very ill, she should not
be brought to the hospital or if on the off chance she is brought to the hospital, no medication or life
sustaining measures should be given or done to prolong her life.

a.! Define the following:

1.! Euthanasia
2.! Suicide
3.! Advance directive/living will
b.! Are living wills or advance directives allowed under the existing laws of the Philippines? If
allowed, what provisions would be legal? Give examples.
c.! In relation to Article 253 of the RPC, is the womans directive valid?

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