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Butsoy

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Need your opinion, compañeros...

 

A possible medical malpractice case has been brought to my attention. However, I am loathe to step into it as the doctors involved are personally known to me (friends, even!) and I fear that the full medical records won't be disclosed if they find that I am making inquiries.

 

A friend of mine recently underwent a series of emergency medical procedures at a well-known hospital. A hundred thousand pesos later, she hasn't been "cured" and the family opted to bring her to another hospital in another province hopefully to seek better medical attention and consequently, relief.

 

I read the medical abstract drawn up and it wasn't as informative as I hoped it would be. In fact, non-MD as I am, i understood it completely on the first reading!

 

The family wants to bring the full medical records and charts with them on this new confinement and possible surgery, understandably because they want to avoid going through the entire process again of blood extractions and CT scans and fluoroscopy and x-rays again. And again. Including information on the full range of interventions that had been done so proper analysis may be made of why not all of them seemed to work.

 

But they're running into brick walls.

 

I tried to talk to the resident in-charge and he was not available for comment -- as he hasn't been for the past several days. Neither have I been successful in seeing any of the doctors on her case.

 

I don't want to go to court and cast clouds on reputations. Is there a way the hospital may be compelled to surrender the patient's records without having to resort to legal means (e.g., writ of mandamus)? The family is not (YET) interested in pursuing a case... they just want my friend to get better. But with their inability to obtain the records --- that's why I'm getting involved.

 

Your inputs would be appreciated. Thank you.

 

 

what i remember in our legal medicine class is that the patient always have the right to information, meaning it includes the right to access his/her records. i do believe that this rule is also embodied in the the ethical standards of doctrors.

 

since it is not a bar subject, i disposed off my notes after passing the subject (tambak na ako ng papel sa kwarto kasi, hehe).

 

if you dont want to go to court, probably a demand letter addressed to the hospital will do. maybe yo can ask a doctor about their rules on ethical standards to back your claim. good day

 

Question lang po, mga magkano i-reready ko kung magfifile ng kaso against "physical damages"? TIA ^_^

 

maybe you mean physical injuries. depende yan. kung gusto mo makulong, criminal case, just prepapre a complaint affidavit. punta ka sa fiscal. if derecho civil case lang habol mo, meaning recover damages, depende yun sa damages na hinihingi mo. meron kasi filing fees. i think its around 1% of what you are claiming.

 

of course, kailangan mo ng atty to help you, so get one who will fit to your budget.

 

and dont forget, kung ka-baranggay mo kakasuhan mo, reklamo ka muna sa baranggay nyo for concilliation/meditation proceedings.

 

good day.

Edited by jopoc
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guys,

 

tanong ko lang po. what book would you recoomened for oblicon po?

 

 

of course what your professor required is what you must get.

 

but if you want a supplemental book (other than your text book), i suggest that you get the college edition of oblicon by de leon. why? first, because its simple and concise. second, you will have time to read it, thrid, its cheaper, and lastly, OBLICON is easy to understand. especially if you reach higher law school level .

 

good day.

Edited by jopoc
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Are you sure about that error message? Coz usually, it should be 0x800----. This is the first time ive heard of that error message.

 

Anyways, when will that error message appear? and Is it on a blue or black screen? Or probably a pop-up window? wat Operating System are you using?

LooXee, I copied the exact error message on the screen it appears in on my laptop. i believe the same error message appears on my desktop at my office as well.

 

thanks for your advice!

 

post-64252-1153188187.png

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Gud am! First time to check this thread. My problem is almost similar to the one above about credit card companies trying to collect from my father who just died last June 22 of this year.

 

Altho my question is how do I file for a bankruptcy for a sole proprietorship? He has an unfinished project from a private firm and that project is currently stalled by the government.

 

I am just about to begin finding out about it and i truly hope that u could give me a headstart.

 

Thanks!

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Gud am! First time to check this thread. My problem is almost similar to the one above about credit card companies trying to collect from my father who just died last June 22 of this year.

 

Altho my question is how do I file for a bankruptcy for a sole proprietorship? He has an unfinished project from a private firm and that project is currently stalled by the government.

 

I am just about to begin finding out about it and i truly hope that u could give me a headstart.

 

Thanks!

 

A sole proprietorship has no legal personality of its own, it basically enables an individual to do business under a registered business name. So technically, if the proprietor was still alive, he would have filed for insolvency. The estate of the deceased will now be answerable for the debts of the sole prop if any, and the unpaid creditors would have to make a claim against the estate. I guess you can't file a bankruptcy here in the same manner as a corporation, so payment of the deceased/sole props' debts will have to be settled from the estate itself.

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Need your opinion, compañeros...

 

A possible medical malpractice case has been brought to my attention. However, I am loathe to step into it as the doctors involved are personally known to me (friends, even!) and I fear that the full medical records won't be disclosed if they find that I am making inquiries.

 

A friend of mine recently underwent a series of emergency medical procedures at a well-known hospital. A hundred thousand pesos later, she hasn't been "cured" and the family opted to bring her to another hospital in another province hopefully to seek better medical attention and consequently, relief.

 

I read the medical abstract drawn up and it wasn't as informative as I hoped it would be. In fact, non-MD as I am, i understood it completely on the first reading!

 

The family wants to bring the full medical records and charts with them on this new confinement and possible surgery, understandably because they want to avoid going through the entire process again of blood extractions and CT scans and fluoroscopy and x-rays again. And again. Including information on the full range of interventions that had been done so proper analysis may be made of why not all of them seemed to work.

 

But they're running into brick walls.

 

I tried to talk to the resident in-charge and he was not available for comment -- as he hasn't been for the past several days. Neither have I been successful in seeing any of the doctors on her case.

 

I don't want to go to court and cast clouds on reputations. Is there a way the hospital may be compelled to surrender the patient's records without having to resort to legal means (e.g., writ of mandamus)? The family is not (YET) interested in pursuing a case... they just want my friend to get better. But with their inability to obtain the records --- that's why I'm getting involved.

 

Your inputs would be appreciated. Thank you.

 

 

 

Hi Lyssahot.

 

I understand your predicament.

 

I recall that our Firm handled a medical malpractice case before and we had difficulty in obtaining the patient's medical records. Nowadays, doctors are wary of medical malpractice cases such that they would oftentimes band together to protect a fellow doctor, oftentimes, this would include concealment of records.

 

What we did at that time is to allow the patient's new physician to request for the patient's old medical records from the patient's attending physicians on the pretext that as the new physician, he needs the records for the proper treatment of the patient. I think the attending physicians are duty bound to furnish the new physician with the patient's medical records so that the new physician would be aware of the patient's medical history, specifically the diagnosis and the previous medical treatments and procedures received by the patient.

 

I hope this helps.

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Gud am! First time to check this thread. My problem is almost similar to the one above about credit card companies trying to collect from my father who just died last June 22 of this year.

 

Altho my question is how do I file for a bankruptcy for a sole proprietorship? He has an unfinished project from a private firm and that project is currently stalled by the government.

 

I am just about to begin finding out about it and i truly hope that u could give me a headstart.

 

Thanks!

 

 

 

Hi Shizuka.

 

Our condolences on the demise of your father.

 

Regarding your query, I would assume that the sole proprietorship is registered under your father's name. Unlike a duly registered corporation which has an artificial personality conferred by law, a sole proprietorship does not have a separate personality. Thus, your father and his business are treated as one and the same, that is - the contractual obligations of the sole proprietorship are also the contractual obligations of your father, or in this case, since he died already, these become obligations of the estate of your father.

 

As such, if the sole prop has outstanding obligations, the unpaid creditors may go after the estate of your father. When we say "estate", these would include all real and personal assets of your father when he was still alive. If your father acquired real properties and had maintained bank deposits, these form part of the estate and the unpaid creditors of the sole prop may file a claim against the estate of your deceased father.

 

I hope this helps.

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