SC: Doctor who explains risk, secures proper consent not liable for malpractice

As it upheld the dismissal of a complaint against a doctor, the Supreme Court (SC) ruled that doctors who offer proper medical advice, explain the risks of a procedure, and secure proper consent are not liable for medical malpractice. 

In a 22-page decision, the SC Second Division upheld the dismissal of a complaint against the head of a surgery department for the death of his patient following a failed stenting procedure.

According to the court, the patient was first brought to the doctor after developing hoarseness due to an aneurysm in the aortic arch, which was found to be life-threatening.

Following this, the patient had a successful heart bypass operation at the advice of the doctor. However, months later, his aneurysm worsened.

Due to this, the doctor said the family may choose an open-chest surgery or a newer, less invasive stenting procedure.

The SC noted that the doctor informed the family and the patient of the risks in the procedure, including the risk of death. 

He also informed the family that should they continue the operation, another physician will take over as he does not specialize in stenting procedures.

According to the Court, the patient also signed a consent form.

“The cause of [patient’s] death was not due to the negligence of [the doctor] but was due to one of the inherent risks of the stenting procedure,” the SC said.

The decision, penned by Associate Justice Mario Lopez, was promulgated in April and made public in July. — RSJ, GMA Integrated News