Bringing LawSuit against Surgeon

[Mick Jones 14]

How does the malpractice work in the Philippines?

 

I am a US Citizens and had to have surgery while in Philippines it was emergency, Apparently the surgery was botched it was done 6 month ago. I am in US hospital now getting it corrected.

 

How long does a court case take to get a court date in the Philippines?

 

Since I am an American, would my be thrown out since I am American trying to sue a a person in Philippines?

 

Since I am an American would I be fighting a loosing battle since I am American citizen trying to sue a Filipino Citizens in the Philippines?

 

[JeanneAdil 6,400]

The remedy available is called a medical malpractice suit. In the Philippines, a medical malpractice suit is primarily governed by the Civil Law concept of damages. In order to successfully pursue a medical malpractice suit, the patient must prove the four (4) elements of medical negligence. The four (4) elements are (1) duty; (2) breach; (3) injury; and (4) proximate causation. Recent cases will illustrate how these 4 elements interact in order to pursue a successful medical malpractice suit.

 

Read here to get an idea 

https://www.fnslaw.com.ph/medical-malpractice-4-elements-to-understand/

[Mick Jones 14]

3 hours ago, JeanneAdil said:

The remedy available is called a medical malpractice suit. In the Philippines, a medical malpractice suit is primarily governed by the Civil Law concept of damages. In order to successfully pursue a medical malpractice suit, the patient must prove the four (4) elements of medical negligence. The four (4) elements are (1) duty; (2) breach; (3) injury; and (4) proximate causation. Recent cases will illustrate how these 4 elements interact in order to pursue a successful medical malpractice suit.

 

Read here to get an idea 

https://www.fnslaw.com.ph/medical-malpractice-4-elements-to-understand/

The bigger question is how long before I could get a court date?

 

Are we talking 10 years or more before the case goes before a judge?

 

 

 

 

[Boiler 44,955]

These are issues you need to discuss with a lawyer in PI who deals with medical negligence claims.

[Mick Jones 14]

17 hours ago, Boiler said:

These are issues you need to discuss with a lawyer in PI who deals with medical negligence claims.

The main issue is how long before a court case will get before a judge

 

If it's 10 to 15 years then I am wasting my time.

 

Orthopedic Surgeon make like $45,000 USD per year, so I am not trying to get money, I want justice for a botched surgery. 

Edited November 14, 2022 by Mick Jones

[Boiler 44,955]

I am not sure Medical Negligence cases are quick anywhere and I know as a general comment that things in PI work slowly.

 

Obviously I do not know the details of your case but  lets say it is solid, no case is guaranteed to succeed, you would be looking at PI settlements not US, no doubt missing a few zero's.

 

 

[Mick Jones 14]

1 hour ago, Boiler said:

I am not sure Medical Negligence cases are quick anywhere and I know as a general comment that things in PI work slowly.

 

Obviously I do not know the details of your case but  lets say it is solid, no case is guaranteed to succeed, you would be looking at PI settlements not US, no doubt missing a few zero's.

 

 

I am not after money, No doubt the settlement would be a joke by US Standards. 

[John & Rose 7,239]

This is the ONE thing that keeps me from wanting to retire there.  Their medical is third world and 40 to 50 years behind the US.  So many of my wife's relatives had died from things that are simply not lethal here.  The caregivers and nurses are world class there.  The Doctors are below third world.  Many still get better medical treatment from the local witch doctors than the professional doctors.  My biggest fear there is me getting sick.  I hope the @Mick Jones is being well cared for and can completely recover from the Philippine medical system.  My heart goes out to him.  He lived my greatest fear.

[Mick Jones 14]

1 minute ago, John & Rose said:

This is the ONE thing that keeps me from wanting to retire there.  Their medical is third world and 40 to 50 years behind the US.  So many of my wife's relatives had died from things that are simply not lethal here.  The caregivers and nurses are world class there.  The Doctors are below third world.  Many still get better medical treatment from the local witch doctors than the professional doctors.  My biggest fear there is me getting sick.  I hope the @Mick Jones is being well cared for and can completely recover from the Philippine medical system.  My heart goes out to him.  He lived my greatest fear.

Still in US Hospital marks 2 weeks today.   I have never been hospitalized in my life before having medical procedures in the Philippines.

 

I hear Manila has better hospitals, but I don't know for sure.  Philippines is fun place to visit, but it's not a place a US Citizens wants to be if they need major medical issue or surgery.

 

 

[John & Rose 7,239]

26 minutes ago, Mick Jones said:

Still in US Hospital marks 2 weeks today.   I have never been hospitalized in my life before having medical procedures in the Philippines.

 

I hear Manila has better hospitals, but I don't know for sure.  Philippines is fun place to visit, but it's not a place a US Citizens wants to be if they need major medical issue or surgery.

 

 

Don't count on Manila being much better.  My wife's dentist died while sitting in a chair waiting for a doctor.  The preliminary diagnosis was Covid but he actually had a heart attack.  He sat there dead overnight before they noticed.  My friends daughter went to the hospital in Manila with severe abdominal pains.  They kept asking id she was pregnant.  6 hours in that waiting room later and the doctor finally takes a look and her appendix had burst.  Unfortunately that hospital couldn't handle that so they had to take a cab to another hospital who luckily rushed her into surgery.  She was there with an open abdomen for 3 weeks as they needed to make sure there was no infection left from the burst appendix.  She is fine now but that illustrates the quality of medical care available there.  It didn't burst until she was sitting at the hospital for 6 hours just to be looked at.

[Boiler 44,955]

Sounds like the NHS

[top_secret 2,299]

If you are in SE Asia,  Thailand has good hospitals. Philippines, arguably does not.  Evacuate to Guam if you are on Medicare and can.   Evacuate to Thailand or Singapore if you can and are paying out of pocket.  Realistically you do not want to experience a life threatening illness in the Philippines.  For the OP?   Alas.  I think your legal recourse is virtually nil.  Be thankful you are still alive and still in possession of a fighting spirit.