Civil liability for not-for-profit medical services

Civil liability for not-for-profit medical services

In the Dominican Republic there is no statute concerning ESPECIFICALLY the civil liability of medical practitioners; rather, the Courts apply the general liability standard: “He through whose fault damage has been caused to another in bound to repair the damage”.

Case law has indicated that at least certain standards must be met during medical examination, prescription and surgery. The not-for-profit character of the medical procedures HAS NO RELEVANCE pertaining the liability of the practitioner. The standards are as follows:

1-     the patient must be informed of the risks related to the operation and sign an "informed consent" document by which they consent to the procedure, in complete knowledge of the risks.

2-     the risks of the operation are borne by the patient, but the doctor is subject to a higher standard of care due to his or her privileged position. In the case of occurrence of any damage, in the event of a lawsuit, the Court will hear expert witnesses as to the Generally Accepted Medical Procedures and any deviation from Generally Accepted Medical Procedures will make the doctor liable.

3-     if the patient fails to disclose to the doctor relevant medical information, THAT HAS NO RELEVANCE as to the doctor's liability, he is to perform the research necessary for the procedure he wants to undertake.

4-     in general, the doctor’s (or NGO's) liability does not end with the procedure, but extends until the complete recovery of the patient. On the other hand, there is a statute of limitation of six months for malpractice liability.

Recommendations: 

1-     work through an NGO.

2-     have patients sign the informed consent.

3-     provide pre and post operation indications in writing and have the  patient sign a receipt of these.