Non Compliance Report Date Issued: July 22, 2023

Abstract
This compliance report addresses the critical issue of patients undergoing major
medical operations without obtaining their informed consent, with a focus on the
implications within the context of the Philippine Constitution. The report examines
the rights of patients and healthcare providers' responsibilities under the law,
highlighting key incidents, and proposes recommendations to ensure compliance with
the constitutional principles governing patient consent.

Main objective of this report is to document and assess the penalization to the
offender.

Highlights

Maria Clara was admitted to XXX Hospital for a different medical condition, but
without her knowledge or consent, the medical team decided to perform a total
hysterectomy (removal of the uterus and ovaries) during her stay.

Clara only discovered that the major operation had been conducted on her after she
regained consciousness post-surgery.

She and her family filed a complaint against the hospital and the medical team,
citing a violation of her right to informed consent and autonomy over her body.

The case gained media attention, sparking public discourse about the importance of
obtaining proper consent from patients before conducting major medical procedures.

Discussion

The right to informed consent is enshrined in the Philippine Constitution,

specifically under the principle of patient autonomy and the right to privacy. Article
II, Section 15, and Article III, Section 1, of the Constitution guarantee that no person
shall be deprived of life, liberty, or property without due process of law, and that
every individual has the right to privacy of communication and correspondence. The
Philippine Medical Act of 1959 also establishes that obtaining informed consent from
patients is a fundamental responsibility of healthcare providers.
 Despite these legal provisions, several incidents have been reported involving
patients undergoing major medical procedures without their informed consent. These
cases not only violate the law but also infringe upon patients' fundamental rights and
trust in the healthcare system.

The lack of proper consent may be attributed to various factors, including poor
communication between patients and healthcare providers, emergency situations, and
administrative negligence. However, these reasons cannot justify the breach of
patients' rights.

Conclusion & Recommendation

As this case and others like it demonstrate the need for improvement, it is essential
to implement the recommendations provided in the compliance report above. These
include strengthening education and training for healthcare professionals,
implementing clear consent procedures, enforcing strict accountability, and launching
public awareness campaigns to educate citizens about their rights.

Violation of any section of the Code of Ethics shall constitute unethical and
unprofessional conduct, and therefore be a sufficient ground for the reprimand,
suspension, or expulsion from the PMA. The PRC may revoke the certificate of
registration of the offending physician in accordance with the provisions of the
Medical Act of 1959 as amended and Republic Act 8981 (PRC Modernization Act of
2000).As for penal provisions, the physician who’ve handle Ms. Clara will have
practice license to be revoke due to negligence and doing non consented operation.