Practice question
A patient has an adverse result after a technically complex procedure. No breach or causal connection is established, and no recognized inference applies. The patient argues the result alone necessarily proves malpractice. Which is correct?
- Every adverse result conclusively proves negligence.
- The result alone does not establish the missing breach and proximate-causation elements.
- Payment of fees guarantees cure in every case.
- A physician is a strict insurer of every outcome.
- The court must presume every treatment choice improper.
Legal references
- https://lawphil.net/judjuris/juri2025/apr2025/gr_268308_2025.html — Que v Philippine Heart Center, GR 268308, April 2 2025, MAIN decision: duty, breach, injury, proximate causation, and expert proof.
- https://lawphil.net/judjuris/juri2024/jan2024/gr_246489_2024.html — Spouses Nuñez v Daz, GR 246489, January 29 2024, main opinion: expert evidence and qualified res ipsa loquitur.
- https://lawphil.net/judjuris/juri2021/nov2021/gr_250919_2021.html — Supreme Court GR 250919, November 2021, main opinion: technical standards, defense-expert evidence qualification, and exceptional res ipsa loquitur.
Answer this question in flashcards to review your response and continue practicing.