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CHAPTER 10: PHYSICIANS AND

DAMAGES
I.Damages
May ne defined as peculiar compensation,
for the injury sustained or pecuniary
consequences w/c the law imposesfor the
breach of some duty or violation of some
right
Damages are the amounts recoverable or
that w/c may be awarded for the damage
done or sustained
1.)Damages may be recovered- when
death occurs as a result of medical
negligence, the following damages
may be recovered:
a.) An indemnity of P50k for the sole act
of death, w/out need of any proof or
evidence of damage
b.)Indemnity for loss of earning capacity
c.) Moral damages for mental anguishfixed by court
d.)Exemplary damages- if there is
attending aggravating circumstances
e.) Attorneys fee, litigation expenses w/
legal interest
2.) Computation for loss of earning
capacity
Annual income= monthly income x
12months
Net annual income= annual incomenecessary and incidental expenses
computed at 50% of annual income
Life expectancy= (2/3) X (80-AGE OF
VICTIM AT TIME OF DEATH)
Loss of earning capacity= net annual
income x life expectancy
II. Damnum absque injuria
Means damage w/out injury; loss w/out
unlawful conduct
If damage result from persons exercising
his legal rights
III. Actual damages
Pecuniary loss suffered by a party as he
as duly approved
Compensatory or actual damages that are
most frequently involved in professional
liability cases

IV. Moral Damages


Includes: physical suffering, mental
anguish, fright, serious anxiety,
besmirched reputation, wounded feelings,
moral shock, social humiliation & similar
injury
1. Basis of award of moral damage
Moral damages are not punitive in
nature but they are designed to
alleviate injury unjustly caused to a
person
Moral damages are incapable of
pecuniary computation, must somehow
be proportional to and in
approximation of the suffering inflicted
2. Conditions for award of moral damage
a) Injury, whether physical, mental or
psychological, clearly sustained by
claimant
b) There must be culpable act or omission
factually established
c) Wrongful act or omission of the
defendant is the approximate cause of
injury sustained by the claimant
d) Award of damages on any of the cases
stated in Article 2219 of the Civil Code
3. Legal provisions mandating award of
moral damages
Article 2219 of Civil code: moral
damages may be recovered when the
defendant acted in bad faith or was
guilty of gross negligence (amounting
to bad faith) or disregard of
contractual obligation; breach of
contract resulting to physical injuries
Article 1764 in relation to article
2206: moral damages may be
awarded if death of passenger results
from a breach of carriage
In culpa aquiliana or quasi-delict,
moral damages may aptly be
recovered:
o When an act or omission causes
physical injury
o Defendant is guilty of intentional
tort
In culpa criminal: moral damages may
be lawfully due when the accused is

found guilty of physical injury, lascivious


acts, adultery, or concubinage, illegal
nor arbitrary detention, illegal arrest,
illegal research or defamation
4. Moral damages not recoverable on
clearly unfounded suit
Unfounded suit can at times be a legal
justification for an award (filing)
The law could not have meant to
impose a penalty on the right to litigate
V. Temperate or moderate damages

Are imposed for pecuniary loss but its


amount cannot be provided w/ certainty

VI. Liquidated damages


Refers to those agreed upon by parties in
case of breach of contract
VII. Exemplary or corrective damages
Are imposed by way of example or
correction for the public good
VIII. Jurisprudence on Damages