Legmed Doctrines
Legmed Doctrines
Legmed Doctrines
MEDICINE
11481242 | G02
JIZ
LEGAL
DR.
KAREN
C. GOOD SAMARITAN
Blacks law dictionary explained the Good Samaritan
Doctrine is used by rescuers to avoid civil liability for
injuries arising from their negligence. Its purpose is to
encourage emergency assistance by removing the threat of
liability for damage done by the assistance. However, the
assistance must be reasonable; a rescuer cannot benefit
from the Good Samaritan doctrine if the assistance is
reckless or grossly negligent.
Requisites:
(1) the accident was of a kind which does not ordinarily
occur unless someone is negligent;
(2) the instrumentality or agency which caused the injury
was under the exclusive control of the person in charge; and
(3) the injury suffered must not have been due to any
voluntary action or contribution of the person injured.
6 Jarcia, Jr. vs. People, 666 SCRA 336, February 15, 2012.
4
E. BORROWED SERVANT
independent
contractor
who
was
merely
exercising hospital privileges. This doctrine
provides that once the surgeon enters the
operating room and takes charge of the
proceedings, the acts or omissions of operating
room personnel, and any negligence associated
with such acts or omissions, are imputable to the
surgeon. While the assisting physicians and
nurses may be employed by the hospital, or
engaged by the patient, they normally become the
temporary servants or agents of the surgeon in
charge while the operation is in progress, and
liability may be imposed upon the surgeon for
their negligent acts under the doctrine of
respondeat superior. xxx