Legal Liability

Reporters: Philips Pepito, Maria Salas, & Arch Cellan

 Legal Liability

 Medical-legal liability is the tort law applied to healthcare

professionals. If the negligent behavior causes harm to the patient,
the healthcare professional has to pay damages to the patient.
 Legal liability is a penalty of sanction suffered by radiologic
technologist if found guilty of a violation of any of the existing laws
in the Philippines and their implementing rules and regulations.
Radiologic technologists must deliver the care they give according
to accepted standards.
 Civil Liability
 The liability of the radiologic technologist is which imposes a
penalty of damages in the form of restitution, reparation, and
indemnification for consequent damages.
 Civil liability – governed by the Civil Code of the Philippines.
 Civil Code of the Philippines
- the product of the codification of private law in the Philippines.
- It is the general law that governs the family, property, and human
relations in the Philippines.
- It was enacted in 1950 and remains in force to date with some
significant amendments.
 Civil Liability
Continuation…
 The Civil Code of the Philippines
- includes the Persons and Family Relations, Family Code, Wills
and Succession, Obligations and Contract, etc.
- It is also applicable in the private relationship between the
radiologic technologist and the patient. It imposes liability of the
amount of money representing the supposed damage suffered by the
patient.
 Kinds of Damages
There are several kinds of damage that the radiologic technologist may
encounter. These are the following:
1. Actual damages or compensatory damage – this refers to the
financial amount that is paid to the offended party that suffered a
loss that can be calculated.
2. Moral damage – is a type of damage that compensates the offended
party for mental or emotional distress or other intangible injuries.
3. Exemplary damages or punitive damages – are damages assessed
to punish the defendant for outrageous conduct and/or to reform or
deter the defendant and others from engaging in conduct similar to
that which is formed the basis of a lawsuit.
 Kinds of Damages
4. Loss of income – this is the kind of financial damage that the
accident survivors can seek. It refers to a situation in which a
person’s source of income such as salary from a job is terminated
from an injury sustained by the offended party.
 Nature of Liability: A radiologic technologist may be found
guilty of negligence in a civil case and may be ordered to pay
damages. Administrative liability usually follows civil
liability, meaning once proven of committing the negligent
act, the radiologic technologist would have to pay for civil
damages and at the same time be suspended/terminated from
work or have his license revoked.
 Kinds of Damages
Continuation…
However, in civil cases, there is what we call primary and secondary
liability. This is under the employer-employee relationship between the
radiologic technologist (employee) and the hospital.
Civil Liability for Personal Acts and
Omissions
 Personal acts
- refer to the injury resulted from a particular action of a person.
 Omission
- or inaction resulted from a particular duty which was not
performed.
 Article 2176 of the Civil Code
- holds a person civilly liable for the damage caused by his acts
or omission constituting fault or negligence.
- Whoever by act or omission causes damage to another, thereby
being fault or negligence, is obliged to pay for the damage done.
Civil Liability for Personal Acts and
Omissions
Continuation…
 Negligence – is a failure to observe the degree of care, precaution,
and vigilance that circumstance justly demands which resulted in
another person’s injury.
Liability of Employers for the Acts or
Omissions of their Employees
Paragraph 1, 4, and 5 of Article 2180 of the Civil Code are
demandable not only for the negligent employee’s acts or omissions but
also for those of persons for whom one is responsible, employer, or
owner.
1) “The obligation imposed by Article 2176 is demandable not only
for one’s own acts or omissions but also for those of persons for
whom one is responsible.
4) The owners and managers of an establishment or enterprise are
likewise responsible for damages caused by their employees in the
service of the branches in which the latter are employed or on the -
Liability of Employers for the Acts or
Omissions of their Employees
Continuation…
occasion of their functions.
5) Employers shall be held liable for the damages caused by their
employees and household helpers acting within the scope of their
assigned tasks, even though the former are not engaged in any
business or industry.”
The liability imposed upon owners, managers, and employers are
based on the owners, managers, and employers’ negligence in terms of:
1. Selection of their employees (culpa in eligiendo), or
2. Supervision over their employees (culpa in vigilando)
Liability of Employers for the Acts or
Omissions of their Employees

This can be attributed to the provisions of the last paragraph of

Article 2180 of the Civil Code which states that the responsibility shall
cease if they proved that they observed all the diligence of a good father
to prevent damage. This theory of liability adopted in the Civil Code is
similar to the doctrine of respondeat superior. The following is an
excerpt from an actual case, Casumpang vs. Cortejo, G.R. No. 171127
March 11, 2015 (Source: lawphil.net). The hospital was held liable based
on the selection and supervision of its employees.
Liability of Employers for the Acts or
Omissions of their Employees
Continuation…
The trial court also found that aside from their self-serving
testimonies, the petitioning doctors did not exercise the proper medical
attention in diagnosing and treating the patient leading to conclude that
they were guilty of negligence.
The RTC (Regional Trial Court) also held the San Juan de Dios
Hospital, Inc., solidarity liable with the petitioning doctors for damages
based on the following findings of facts:
1) Dr. Casumpang, as a consultant, is na ostensible agent of San Juan
de Dios Hospital, Inc., because before the hospital engaged his -
Liability of Employers for the Acts or
Omissions of their Employees
Continuation…
medical services, it scrutinized and determined his fitness, qualifications,
and competence as a medical practitioner; and,
2) Dr. Sanga, as a resident physician, is an employee of San Juan de
Dios Hospital, Inc., the hospital, through its screening committee,
scrutinized and determined her qualifications, fitness, and
competence before engaging her services; the hospital also
exercised control over her work.
WHEREFORE, judgement is hereby rendered in favor of the plaintiff
and against the defendants, ordering the latter to pay solidarily and
severally plaintiff the following:
Liability of Employers for the Acts or
Omissions of their Employees

Continuation…
1) Moral damages in the amount of P500, 000.00
2) Costs of burial and funeral in the amount of P45, 000.00
3) Attorney’s fees of P50,000.00;
4) Cost of this suit.
 Criminal Liability
 Criminal liability is the legal liability that arises out of breaking the
law or committing a criminal act.
 Criminal law
- is that branch or division of law which defines crimes, treats of
their nature, and provides for their punishment Palattao, The Revised
Penal Code Made Easy, 2005).
The existing laws that impose criminal liability are the:
Revised Penal Code of the Philippines and Special Penal Laws such as
the
- Comprehensive Dangerous Drugs Act of 2002 R.A No. 9165
- Anti-Violence against Women and Children Act of 2004 or R.A
No. 9262,
 Criminal Liability

 Nature of Liability: A radiologic technologist may be found guilty

of assault/reckless imprudence in a criminal case and maybe
imprisoned and ordered to pay fines. Administrative and civil
liability follows criminal liability, meaning once the accused was
proven guilty, he will be ordered to pay for the cost of the
suit/litigation, pay for the civil damages, and at the same time be
suspended/terminated from work or have his license revoked.
 Summary of Liabilities and its
corresponding Sanctions/Penalty
Kinds of Liabilities Sanction/Penalty

Administrative reprimand/suspension/termination/
revocation of license
Civil restitution/reparation/
indemnification for consequent
damages
Criminal payment of fines and/or
imprisonment
Crime, Felony, Offense, Misdemeanor
Distinguished
 Crime
- is a generic term that embraces the violation of the Revised Penal
Code, special penal laws, and municipal, or city ordinances.
 Felonies
- are acts and omission punishable only by the Revised Penal Code.
This means that all crime stated in the Revised Penal Code are called
felonies acts or felonies.
 Offenses
- are acts and omissions violated in the special penal laws.
Crime, Felony, Offense, Misdemeanor
Distinguished
 Misdemeanors
- are minor infractions of law such as violating a city or municipal
ordinances like jaywalking or smoking in public (San Beda College of
Law, Criminal Law Memory Aid, 2017).
Thank You for
Listening!!!