Medical Malpractice

Placing your health and well-being in the hands of a medical professional is one of the ultimate acts of trust. When that trust is broken and a physician, surgeon, or other healthcare provider fails to deliver the accepted standard of care, the consequences can be devastating and life-altering. An unexpected injury, a worsening condition, or the tragic loss of a loved one due to negligence leaves families feeling not only grief-stricken but also betrayed and confused. You are left with questions, mounting medical bills, and the overwhelming sense that something has gone terribly wrong.

At the Mamangun Law Office, we understand the profound emotional and financial toll that medical malpractice takes. We believe that pursuing a medical negligence case is about more than just obtaining financial compensation; it is about seeking answers, demanding accountability, and fighting to ensure that no other family has to endure a similar tragedy. Our role is to be your compassionate and tenacious advocates. We stand with patients and their families, providing the legal strength and guidance needed to navigate this complex and challenging area of law and to seek the justice you deserve.

The First Steps: Demand Letters & Attempts at Settlement

The legal journey often begins not in a courtroom, but with a formal, strategic communication. A well-crafted demand letter is the crucial first step, where we formally outline the facts of the case, detail the breach of the standard of medical care, and demand fair compensation for the injuries and losses you have suffered. This action officially puts the medical professional and their institution on notice of your claim.

This step frequently opens the door to negotiations. We are skilled negotiators who will tirelessly pursue a fair and just settlement on your behalf. An amicable settlement can spare you and your family the emotional and financial strain of a protracted legal battle, allowing you to focus on healing. However, our pursuit of a settlement is always backed by a readiness to fight. If a fair offer is not made, we will not hesitate to escalate the matter and proceed with litigation to protect your rights.

A Three-Fold Path to Justice in the Philippines

A unique aspect of Philippine law is that a single act of medical negligence can give rise to three distinct but simultaneous legal actions. Our firm is adept at pursuing all three avenues concurrently to ensure that every facet of justice is addressed.

1. Administrative Case at the Professional Regulation Commission (PRC) This action focuses on professional accountability. The PRC is the government body that issues and regulates the licenses of medical professionals. By filing an administrative case, we ask the PRC to investigate the doctor's conduct and determine if a breach of professional ethics and standards occurred. If found guilty, the medical professional can face sanctions ranging from a formal reprimand to the suspension or, in the most egregious cases, the permanent revocation of their license to practice medicine. This path ensures that negligent professionals are held answerable to their peers and the public.

2. Civil Case for Damages in Courts This action is focused on making you whole again by seeking financial compensation for the harm you have endured. A civil case allows us to claim damages for the full extent of your losses, which may include:

• Actual or Compensatory Damages: Reimbursement for all medical expenses, hospital bills, rehabilitation costs, and lost income.

• Moral Damages: Compensation for the physical suffering, mental anguish, emotional distress, and trauma you and your family have experienced.

• Exemplary Damages: Awarded in cases of gross negligence, these are intended to punish the wrongdoer and serve as a public example to deter similar conduct in the future.

We meticulously document every aspect of your loss to build a compelling case for the maximum compensation you are entitled to under the law.

3. Criminal Case at the Prosecutor's Office When a medical professional's negligence is so severe that it is considered a crime, a criminal case may be pursued. This is typically filed as "Reckless Imprudence resulting in Physical Injuries or Homicide." This is the most serious legal avenue and seeks not just compensation or professional sanction, but punishment under the Revised Penal Code. The process begins at the Prosecutor's Office, where we present evidence to establish probable cause that a crime was committed. If successful, a formal criminal case is filed in court. This path is reserved for the most serious lapses in care and represents the highest level of accountability.