History

It was probably when way back in the 1980’s during which time, the late Dr. Ambrosio Tangco, after availing of the services of Dr. Arsenio C. Pascual, Jr., a General Surgeon who also happened to be a practicing lawyer on many occasion whenever confronted with some legal problems, came t orealize the need to have a doctor-lawyer as an in-house counsel fro medico-legal problems, and decided to retain the services of Dr. Pascual that the Medico-Legal Section of Manila Doctors Hospital was born.

Then when Dr. Teresita Sanchez qualified as a lawyer, she was likewise appointed as in house legal counsel for medico-legal problems to assist Dr. Pascual sometime in 1990, at which time the job description of the two lawyers were formalized and the functions of the section was likewise determined that the Medico-Legal Section was formally formed.

Scope of Functions

o      The retainership contract consists of giving legal opinions, advice and assistance by the SECOND PARTY to the FIRST PARTY on legal interpretation, establishment and enforcement of hospital by-laws, policies and rules and regulations relative to medico legal matters.

o      The SECOND PARTY will represent the FIRST PARTY in litigation proceedings involving medico-legal cases including malpractices cases wherein the FIRST PARTY is a Defendant. In relation thereto all medico-legal cases shall be referred by the FIRST PARTY to the SECOND PARTY.

Department Services

All medico-legal matters of Manila Doctors Hospital shall be the responsibility of the two (2) In-House Counsel appointed by the Board of Directors through the Executive Committee represented by the HOSPITAL DIRECTOR and the Medical Director under the following set-up with their corresponding duties and responsibilities:

Set-up of the Team:

o      The In-House Counsels will work as a team with the In-House Counsel-II exactly defined who is who?

o      The team leader shall be primarily responsible to Manila Medical Services, Inc (MMSI) on all medico-legal matters referred to his/her by the hospital through its designated representative who are the authorized.

o      All communications that has to do with the responsibilities and duties of the In-House Counsels shall first be referred/addressed to the Team Leader or In-House Counsel II.

o      The In-House Counsel I shall act as Assistant to the In-House Counsel II and assume his responsibility in his (In-House Counsel II’s) absence.

o      A memo to this effect should be made meetings so as to be regularly updated of all the activities of the Committee.

Scope of Functions of the Team:

o      Assists and advises the Management in the formulation and implementation of policies, rules, regulations and standard operating procedures with emphasis on medico-legal implications thereof.

o      Assists and advises in the preparation and updating of hospital forms.

o      Advises and counsels hospital staff regarding problem situations or incidents that they may encounter in the performance of their day to day duties which may give rise to or to be potential legal problems so as to minimize if not totally prevent the problem from ending in suits.

o      Advises and keeps the staff posted regarding new laws, developments as well as new doctrines laid down by the courts regarding malpractice and hospital.

o      Assists and advises the management and the hospital staff in the interpretation of existing laws, policies, rules and regulations pertinent to or affecting hospital management and patient care.

o      Represents the hospital in any legal controversy or suit that are medico-legal in nature whick may arise from its operations, or its employed medical and paramedical staff in any similar controversies which may arise from the performance of their duties, relative to its relations with its patients, the public or the government involving patients care.

Deferent Client

o      Hospital and Employed medical Para-medical Staff, Excluding consultants.

·       Charges/Fee:

¨    Retainee Fee          : P 5,000.00/monthly

¨    Appearance Fee      : P 5,000.00

Release of Information Regarding Hospital Patients

o      No person aside from the attending physician of a patient is authorized to release any information regarding a hospital patient including any incident regarding the patient

o      Any request for information by any person, including the media, shall be in writing which shall then be referred or forwarded to Administrator or the Medical Director.

o      No employee or member of the hospital staff shall give out any information or agree to any interview regarding any incident concerning a patient without the prior written approval of the medical director / attending physician.

Hospital Policy Regarding Potential Malpractices Cases

o      In the event of complications, death or incidents regarding patients which may be potential cases for malpractices suits, the attending physicians shall immediately notify the department chair of the case and the problem with notice to the offices of the Administrator, Medical Director and In-House Counsel for medico-legal matters.

o      The chart or any incident report regarding the matter shall be forwarded to the chair of the department for review with respect to completeness and for investigation, upon completion of which, a written report shall be submitted to the Administrator, with copies furnished to the Medical Director.

o      Comments. Remarks or any discussion of the matter by any personnel, whether medical, para-medical or others, is strictly prohibited and limited only to those concerned and at the proper forum. If ever anybody is asked, they must invoke the right of the patient to confidentiality and privacy. Any releasing of information are subject to actions of the disciplinary Action Committee

o      Any request for interview or comment, once approved by the medico-legal should be referred to the medical director or administrator for proper disposition.

Hospital Policy and procedure in Case of Actual or Potential Medico-Legal Problems

o      The hospital encourages early and prompt referral of anticipated legal problems by all and inform risk management committee concerned to the hospital in order that such problems may be :nipped in the bud”, so to speak, and by so doing, prevent, prevent problems from getting out of hand.

o      In instances therefore, where questions of legal implication regarding specific situations are encountered wherein the need for legal advice for guidance is deemed necessary, the advice of the medico-legal consultants / officers of the hospital in the person of either Dr. Arsenio C. Pascuual, Jt. Or Dr. Teresita Sanchez should be immediately sought.

o      In the event of anticipated or felt potential malpractice suits, early and prompt notice to the administrator and Risk Management Committee is strongly urged consultation with either of the hospital medico-legal officers is encouraged so that early remedial measures may be undertaken to, if possible, ward off the potential suit or effect an amicable settlement.

o      Not part in the policy, therefore agreement between the Hospital and the Medico-Legal Counsel

Contact numbers      

Trunk line            : 524 –3011

Local                   : 5020