Philippine Laws -Simplified | Free Legal Advice

Welcome! I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people. Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody. This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice. Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!

Medical Malpractice

Tuesday, November 30, 2010

I have more respect for doctors than lawyers (even though one day I'll end up with the latter.) I have written this post specifically for those readers who are doctors, nurses, or anyone in the medical field so as to inform them about things they need to be aware of in order to avoid or minimize malpractice suits.

The medical profession, like the business of a common carrier, is something that affects public interest. Medical personnel are advised by law to exercise extraordinary diligence when doing their jobs.

Medical negligence has the following elements:

1.) Duty
2.) Breach
3.) Injury
4.) Proximate causation

A medical practitioner has a duty to his patient, and any breach of that duty that leads to the injury the patient is complaining about will give rise to a tort case.

For lawyers, they're only required to exercise ordinary diligence for the cases of their clients.

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