Effectiveness of the Medical Malpractice Bill in deterring or Lessening Medical Malpractices and in Professionalizing Health Care Services

Abstract

The Medical Malpractice Bills in the Philippines have been very controversial as they seek to adopt the medical malpractice litigation system of the United States. Moreover, it seeks to criminalize all forms of medical malpractices with the ends of [better] protecting patients and of professionalizing the health care system through a mechanism that will provide better compensations for patients-victims and that will sift incompetent individuals from the medical field. This is a very interesting and timely issue to delve in not only because medical malpractice law reforms are being pushed in various western countries (this invites an inquiry as to why some Philippine legislators and media personalities are still supporting the medical malpractice bill given the dilemmas faced by the countries implementing this kind of a litigation system) but also because of the current situation of our health care system - to a large extent deficient of medical practitioners (since they look for greener pastures somewhere else); increasing dissatisfaction of medical experts; and low budget allocation for health. Indeed, the proposed law triggers questions of aptness-whether the bill is "fit" enough to answer the "real causes" of medical malpractice and whether it is sensible to accept given the economic drop in the country; balance-whether the medical profession would not be singled out or alienated as patients are further "protected" by the provisions of the bill; and adequacy-whether it could really deter medical malpractices and professionalize the health care system. Definitely, this subject matter is very important to address because lives, welfare and existence are at stake here - the lives and welfare of patients are at risk if the medical practitioners increase medical fees (due to defensive medicine) or, perhaps, if they cease to give medical care due to a number of factors such as dissatisfaction (hence, they would just fly to other better lands such as the USA), high medical premiums and alienation; while the continuous survival and quality of care of our country's medical system is crucial especially now that we already lack medical givers and rescuers. Based on the findings that were procured through key informant interview, survey and case narratives this research has confirmed that the medical malpractice bill fell short of being an effective way in deterring medical malpractices and in professionalizing the health care system. Certainly, this research will help in deciding whether or not the Medical Malpractice Act should be enacted as law given the cost-benefit analysis that will be illustrated and explained in this body of work.