Dear Atty. Joji,

My family agreed to have our grandfather admitted to undergo surgery even though the doctors explained beforehand that there was no assurance the procedure would be successful. In circumstances like this, up to what extent are doctors liable to their patients? If a doctor recommends a particular treatment or procedure and the patient later dies due to complications, can the doctor automatically be held liable for medical malpractice?

Clara

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Dear Clara,

Doctors are not automatically liable whenever a patient suffers complications or even death following a medical procedure. Under the law, a physician’s liability arises only when it is shown that the doctor failed to exercise the degree of care, skill, and diligence that reasonably competent physicians would exercise under similar circumstances, and that such failure caused injury to the patient.

Therefore, to successfully pursue such a claim, a patient must prove that the physician or surgeon either failed to do something that a reasonably prudent physician or surgeon would have done or that they did something that a reasonably prudent physician or surgeon would not have done and that the failure or action caused injury to the patient.

In a lack of informed consent litigation, the plaintiff must prove the following: (1) the physician had a duty to disclose material risks; (2) the physician failed to disclose or inadequately disclosed those risks; (3) as a direct and proximate result of the failure to disclose, the patient consented to the treatment they otherwise would not have consented to; and (4) the patient was injured by the proposed treatment.

Moreover in the recently decided case of Que v. Philippine Heart Center, G.R. No. 268308, (2 April 2025), The Supreme Court (SC) has ruled that a doctor who offers proper medical advice, clearly explains the risks of a procedure, and secures proper consent from the patient is not liable for medical malpractice.

A basis for malpractice is the lack of informed consent, which occurs when a patient agrees to a procedure without being fully informed about its risks and potential outcomes. Before performing or recommending a procedure, the physician must adequately explain the nature of the treatment, the available alternatives, and the possible risks and complications. When a patient voluntarily agrees to proceed after receiving this information, the doctor generally fulfills this duty.

Therefore, a doctor will only be held liable for malpractice if it is proven that he or she deviated from accepted medical standards and that such deviation directly caused harm to the patient. The mere fact that a treatment failed or that a patient died does not, by itself, establish medical negligence.

Hope this helps.

Atty. Joji Alonso