Dear PAO,

May I know the prescriptive period for filing a complaint about medical malpractice? My sister is still aching from the aftermath of her ill-fated operation and would only desire to be informed about the said period until such time she deems it appropriate and necessary to file the appropriate case for such malpractice.

Dear Sarah,

The answer to your question is four years counted from the time of the alleged medical malpractice. The basis of such a period is found in the provisions of the Republic Act 386, otherwise known as the “New Civil Code of the Philippines.” For your guidance, Article 2176 in relation to Article 1146 of the said law reads:

“Article 2176. Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a quasi-delict and is governed by the provisions of this Chapter.

“Article 1146. The following actions must be instituted within four years:

“(1) Upon an injury to the rights of the plaintiff;

“(2) Upon a quasi-delict;” (Emphasis and underscoring supplied)

In relation to the foregoing, the Supreme Court in the recent case of De Jesus vs. Uyloan (GR 234851. Feb. 15, 2022), penned by the Chief Justice Alexander Gesmundo, reiterates that for the type of negligence committed by members of the medical profession the same is covered by the New Civil Code provision on quasi-delict which prescribes in four years, viz.:

“For lack of a specific law geared toward the type of negligence committed by members of the medical profession in this jurisdiction, such claim for damages is almost always anchored on the alleged violation of Art. 2176 of the Civil Code, which states that:

“ART. 2176. Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a quasi-delict and is governed by the provisions of this Chapter.” (Emphasis and underscoring supplied)

Nonetheless, as held in the above-mentioned case of De Jesus vs. Uyloan, the only time that an otherwise tortious act of medical malpractice or a quasi-delict case can be taken out from such kind of cases and construed as a violation of contract which prescribes in six for oral contract or 10 years for a written contract, would be on the occasion of a successful allegation that the medical malpractice complaint is actually based on the breach of an express promise to provide medical treatment or achieve a specific result, thus:

“Thus, where the complaint contains averments of the foregoing elements and the defendant doctor failed to observe such degree of care which caused damage or harm to the plaintiff patient, the cause of action is one for medical negligence under the law on torts rather than contract. X x x

“There is no mention at all of any express promise on the part of the defendant doctors to provide medical treatment or achieve a specific result.

The absence of an express agreement as basis for contractual liability is evident from a plain invocation of an implied contract between the parties.

Xxx “We hold that a mere reference to an implied contract between the physician and the patient, in general, is insufficient for pleading a cause of action under the contract theory of professional malpractice. An action for medical malpractice based on contract must allege an express promise to provide medical treatment or achieve a specific result.” (Emphasis and underscoring supplied)

Therefore, applying the said law and jurisprudence to your query, if the complaint does not allege an express promise of specific result or medical treatment, the general rule on medical malpractice which prescribes in four years premised on the breach of a doctor’s professional duties of skill and care, or their improper performance apply.

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.