Expert testimony required to prove lack of informed consent

The element of ethical duty to disclose material risks in the proposed medical treatment cannot thus be reduced to one simplistic formula applicable in all instances.  Further, in a medical malpractice action based on lack of informed consent, “the plaintiff must prove both the duty and the breach of that duty through expert testimony.  Such expert… Read More

Restatement of compliance requirements re verification and forum-shopping

For the guidance of the bench and bar, the Court restates in capsule form the jurisprudential pronouncements already reflected above respecting non-compliance with the requirements on, or submission of defective, verification and certification against forum shopping: 1)         A distinction must be made between non-compliance with the requirement on or submission of defective verification, and non-compliance with… Read More

Executive policy is beyond the jurisdiction of the Supreme Court

A barangay captain filed a petition and sought injunction to enjoin a government agency from constructing a road extension affecting his barangay. The Supreme Court ruled that the “determination of where, as between two possible routes, to construct a road extension is obviously not within the province of this Court. Such determination belongs to the… Read More