B. The Doctrine of Force Majeure
This doctrine means that there is an avoidable occurrence that is normally cannot be avoided ("Force Majeure"). This simply means that nobody is exempted, therefore it is applicable most especially to all health care providers. The unforeseen or unpredicted situations can be brought by natural calamities such as fire, floods and earthquake and some situations that are defined and included to the doctrine of Force Majeure ("What Is Force Majeure? | Law Teacher"). In the event that these calamities happened in a health care set up, the staff are not and will not be hold liable and accountable to its result. Force Majeure clause, it is part and usually included in a certain work contract that explains about setting …show more content…
There is a high probability rate of committing negligence most especially in a health care set up so it is an advantage and needed that all of the health care providers will be well educated and knowledgeable about this. There are three scenarios and circumstances wherein a health care providers negligence can be proven even without a specific conduct or processes. First, is that patient does not normally got injured most especially within the health institution vicinity, unless there is really a negligent in the part of the health provider. Second, the injury that the patient got is because of an agency which the defendant is in control of. Third, scenarios wherein the complainant personally did not perform anything that can cause the injury. If all of the evidences that will be presented into the court will consists of all the mentioned factors, then, the defendant will be proven guilty of the act of negligence. Additionally, this doctrine eliminates the need of an expert testimony but does not absolve the complainant from anything. Let's take as an example the patient that went under surgery, like any other surgeries patient must be under anesthetic beforehand. So say for instance, the patient's nerve on his/her arm become damaged, though it is actually not part of the procedure and because of many medical practitioners that are present in the room, he/she do not know who caused the damaged. In this situation, a res ipsa loquitur can be applied to the claim or
This doctrine means that there is an avoidable occurrence that is normally cannot be avoided ("Force Majeure"). This simply means that nobody is exempted, therefore it is applicable most especially to all health care providers. The unforeseen or unpredicted situations can be brought by natural calamities such as fire, floods and earthquake and some situations that are defined and included to the doctrine of Force Majeure ("What Is Force Majeure? | Law Teacher"). In the event that these calamities happened in a health care set up, the staff are not and will not be hold liable and accountable to its result. Force Majeure clause, it is part and usually included in a certain work contract that explains about setting …show more content…
There is a high probability rate of committing negligence most especially in a health care set up so it is an advantage and needed that all of the health care providers will be well educated and knowledgeable about this. There are three scenarios and circumstances wherein a health care providers negligence can be proven even without a specific conduct or processes. First, is that patient does not normally got injured most especially within the health institution vicinity, unless there is really a negligent in the part of the health provider. Second, the injury that the patient got is because of an agency which the defendant is in control of. Third, scenarios wherein the complainant personally did not perform anything that can cause the injury. If all of the evidences that will be presented into the court will consists of all the mentioned factors, then, the defendant will be proven guilty of the act of negligence. Additionally, this doctrine eliminates the need of an expert testimony but does not absolve the complainant from anything. Let's take as an example the patient that went under surgery, like any other surgeries patient must be under anesthetic beforehand. So say for instance, the patient's nerve on his/her arm become damaged, though it is actually not part of the procedure and because of many medical practitioners that are present in the room, he/she do not know who caused the damaged. In this situation, a res ipsa loquitur can be applied to the claim or