Scribd Logo
Upload

Welcome to Scribd!

  • 103 views

    Cereno Vs CA

    Uploaded by

    Alleine Tupaz
    1) Raymond Olavere was brought to the emergency room after a stabbing and recommended for emergency surgery. However, the surgeons, Drs. Zafe and Cereno, were busy with another operation and there was no anesthesiologist available to assist them. 2) When Drs. Zafe and Cereno finally operated on Raymond over 3 hours later, they found 3,200cc of blood in his thoracic cavity and performed an emergency procedure to control bleeding. However, Raymond went into cardiac arrest and died. 3) The Supreme Court ruled that the petitioners were not guilty of gross negligence as the respondents failed to present expert testimony that the doctors breached the standard of care or that any breach

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Cereno Vs CA

    Uploaded by

    Alleine Tupaz
    103 views1 page
    1) Raymond Olavere was brought to the emergency room after a stabbing and recommended for emergency surgery. However, the surgeons, Drs. Zafe and Cereno, were busy with another operation and there was no anesthesiologist available to assist them. 2) When Drs. Zafe and Cereno finally operated on Raymond over 3 hours later, they found 3,200cc of blood in his thoracic cavity and performed an emergency procedure to control bleeding. However, Raymond went into cardiac arrest and died. 3) The Supreme Court ruled that the petitioners were not guilty of gross negligence as the respondents failed to present expert testimony that the doctors breached the standard of care or that any breach

    Original Description:

    Cereno vs CA Docx

    Original Title

    Cereno vs CA Docx

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    1) Raymond Olavere was brought to the emergency room after a stabbing and recommended for emergency surgery. However, the surgeons, Drs. Zafe and Cereno, were busy with another operation and there was no anesthesiologist available to assist them. 2) When Drs. Zafe and Cereno finally operated on Raymond over 3 hours later, they found 3,200cc of blood in his thoracic cavity and performed an emergency procedure to control bleeding. However, Raymond went into cardiac arrest and died. 3) The Supreme Court ruled that the petitioners were not guilty of gross negligence as the respondents failed to present expert testimony that the doctors breached the standard of care or that any breach

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    103 views1 page

    Cereno Vs CA

    Uploaded by

    Alleine Tupaz
    1) Raymond Olavere was brought to the emergency room after a stabbing and recommended for emergency surgery. However, the surgeons, Drs. Zafe and Cereno, were busy with another operation and there was no anesthesiologist available to assist them. 2) When Drs. Zafe and Cereno finally operated on Raymond over 3 hours later, they found 3,200cc of blood in his thoracic cavity and performed an emergency procedure to control bleeding. However, Raymond went into cardiac arrest and died. 3) The Supreme Court ruled that the petitioners were not guilty of gross negligence as the respondents failed to present expert testimony that the doctors breached the standard of care or that any breach

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    You are on page 1of 1

    DR. PEDRO DENNIS CERENO, and DR. SANTOS ZAFE, Petitioners, operate on Raymond.

    operate on Raymond. Lastly, the trial court faulted petitioners for the delay in the
    vs. transfusion of blood on Raymond.
    COURT OF APPEALS, SPOUSES DIOGENES S. OLAVERE and FE R.
    SERRANO, Respondents On appeal, the CA affirmed the decision rendered by the RTC finding herein
    petitioners guilty of gross negligence in the performance of their duties and awarding
    G.R. No. 167366 damages to private respondents, prompting the petitoners to file a petition for review
    on certiorari before the Supreme Court.
    September 26, 2012
    Issue:
    Facts:
    Whether Dr. Cereno and Dr. Zafe are guilty of gross negligence in the
    At about 9:15 in the evening of 16 September 1995, Raymond S. Olavere,a victim of performance of their duties.
    a stabbing incident, was rushed to the emergency room of the Bicol Regional Medical
    Center. Dr. Realuyo — the emergency room resident physician, recommended that Held:
    the patient undergo "emergency exploratory laparotomy." Dr. Realuyo then requested
    the parents of Raymond to procure 500 cc of type "O" blood needed for the operation. Petition GRANTED.

    At 10:30 P.M., Raymond was wheeled inside the operating room. During that time, The Supreme Court held that the petitioners are not guilty of gross negligence.The
    the hospital surgeons, Drs. Zafe and Cereno, were busy operating on gunshot victim type of lawsuit which has been called medical malpractice or medical negligence, is
    Charles Maluluy-on. Assisting them in the said operation was Dr. Tatad, who was the that type of claim which the complainant must prove: (1) that the health care provider,
    only senior anesthesiologist on duty at BRMC that night.Just before the operation on either by his act or omission, had been negligent, and (2) that such act or omission
    Maluluy-on was finished, another emergency case involving Lilia Aguila, a woman proximately caused the injury complained of.
    who was giving birth to triplets, was brought to the operating room.
    The best approach to prove these is through the opinions of expert witnesses
    At 10:59 P.M., the operation on the gunshot victom was finished. By that time, belonging in the same general line of practice as defendant surgeon. The deference
    however, Dr. Tatadis still engaged in another operation and there being no other of courts to the expert opinion of qualified physicians stems from the former’s
    available anesthesiologist to assist them, Drs. Zafe and Cereno decided to defer the realization that the latter possess unusual technical skills which laymen in most
    operation on Raymond. The petitioners, in the meantime, proceeded to examine instances are incapable of intelligently evaluating, hence, the indispensability of
    Raymond and they found that the latter’s blood pressure was normal and "nothing in expert testimonies.
    him was significant." Dr. Cereno reported that based on the xray result he interpreted,
    the fluid inside the thoracic cavity of Raymond was minimal at around 200-300 cc.
    In the case at bar, there were no expert witnesses presented to testify norwas there
    any testimony offered, except that of Dr. Tatad’s, on which it may be inferred that
    At 11:15 P.M, the relatives of Raymond brought the bag of blood to be used for blood petitioners failed to exercise the standard of care, diligence, learning and skill
    transfusion. Dr. Cereno and Dr. Zafe immediately started the operation around 12:15 expected from practitioners of their profession. Dr. Tatad is not an expert witness in
    AM of 17 September 1995. Upon opening of Raymond’s thoracic cavity, they found this case as her expertise is in the administration of anesthesia and not in the
    that 3,200 cc of blood was stocked therein. The blood was evacuated and petitioners determination of whether surgery ought or not ought to be performed.
    found a puncture at the inferior pole of the left lung.Dr. Cereno did not immediately
    transfuse blood because he had to control the bleeders first.Blood was finally
    transfused on Raymond at 1:40 A.M. While the operation was on-going, Raymond In medical negligence cases, it is established that the complainant has the burden of
    suffered a cardiac arrest. The operation ended at 1:50 A.M. and Raymond was establishing breach of duty on the part of the doctors or surgeons. It must be proven
    pronounced dead at 2:30 A.M.Raymond’s death certificate indicated that the that such breach of duty has a causal connection to the death of the patient.Aside
    immediate cause of death was "hypovolemic shock". from their failure to prove negligence on the part of the petitioners, they also failed to
    prove that it was petitioners’ fault that caused the injury.
    The parents of Raymondfiled a case for damages against the attending surgeons
    claiming that there was negligence on the part of those who attended to their son.

    The trial court found petitioners negligent in not immediately conducting surgery on
    Raymond and that that the non-availability of Dr. Tatad after the operation on the
    gunshot victim was not a sufficient excuse for the petitioners to not immediately

    You might also like

    pFad - Phonifier reborn

    Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

    Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


    Alternative Proxies:

    Alternative Proxy

    pFad Proxy

    pFad v3 Proxy

    pFad v4 Proxy