Probation eyed for malpracticing doctors

CLARK FIELD, Pampanga — Rep. Oscar Rodriguez is confident Congress will pass his proposed medical malpractice bill, but expects the penalty provisions to be watered down.

Rodriguez said the penalty provisions will likely offer probation as an alternative to imprisonment.

The solon’s initial proposed penalty was a jail term of six years and one day to 12 years and one day.

But this, he told reporters, "would be coupled with an alternative provision for probation for those found guilty of medical malpractice. Imprisonment would be imposed on the second offense."

Various groups in the medical community have criticized the bill, fearing it would make medical practitioners "defensive" and that it would result in more expenses for patients who would have to undergo more medical tests as "assurance" for doctors.

"There actually is a law against medical malpractice in Article 365 of the Revised Penal Code which provides a lesser penalty of four to six years. But this law is being ignored so I filed a bill providing for (stiffer) penalties," Rodriguez said.

"What I expect is that the medical malpractice bill would be merged with my proposed Patients’ Rights Act which was ignored in the 11th Congress. The bill on the rights of patients zeroes in on the obligation of doctors not to refuse treatment to anyone, especially the poor, during emergency cases," he said.

"I know that treating patients costs money, so I am also thinking of a government subsidy for hospitals for such emergency cases," he added.

Rodriguez debunked allegations that the latter bill espouses euthanasia or mercy killing for patients with terminal illnesses. "There is no such provision in my bill," he said.

Rodriguez said he has asked the Department of Justice to study the problem on the lack of witnesses in cases of medical malpractice, noting that doctors tend to close ranks when such incidents occur.

"A body of experts can be formed to be able to provide expert testimonies in court," he said.

He said those found guilty of medical malpractice and meted a jail term of at least six years and one day could opt for probation, provided they have no criminal records.

"Probation would ordinarily be approved by the courts under such circumstances," he said.

"Once under probation, they could be required to do some work in the rural areas while reporting regularly to the courts. Once the probation is finished, the records of the accused would be stricken off so he could start on a clean slate," he said.