Rubi vs. Soliman : An Application of the Common-Law Doctrine of Informed Consent in a Medical Malpractice (Medical Negligence) Case under Article 2176 of the Civil Code

In Dr. Rubi Li vs. Spouses Reynaldo and Lina Soliman, G.R. No. 165279 promulgated last June 7, 2011, the Supreme Court of the Philippines resolved an issue on the application of the common-law doctrine of informed consent in a medical malpractice (medical negligence) cases based on Article 2176 of the Civil Code.  As Justice Brion noted in his Separate Opinion, this case is of first impression in the Philippine jurisdiction, especially so since informed consent litigation is not an ordinary medical negligence case.