Philippine Bar review · Question

Practice question: Medical Negligence and Malpractice

Multiple Choice Hard

Practice question

A physician discloses the material risks and explicitly explains that another specialist will perform the procedure because it lies beyond the referring physician’s procedural specialty. Competent evidence supports that advice and the disclosed roles. The claimant relies solely on referral as automatic proof of concealment or malpractice. Which is correct?
  1. Referral and disclosed limits are not alone proof of concealment or negligent care
  2. Every specialist referral is malpractice
  3. Disclosure of professional limits necessarily proves fraud
  4. The referring physician automatically guarantees the specialist’s cure
  5. The patient’s knowledge must be disregarded

Legal references

  • Que v Philippine Heart Center GR268308 April2,2025 MAIN: https://lawphil.net/judjuris/juri2025/apr2025/gr_268308_2025.html Informed consent elements, material risks, decision causation and competent evidence.

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