Scribd Logo
Upload

Welcome to Scribd!

  • 63 views

    Dr. Cereno and Dr. Zafe v. Court of Appeals

    Uploaded by

    erxha lado
    1) Raymond S. Olavere was rushed to the hospital after a stabbing and needed blood transfusion and surgery. However, the two surgeons, Drs. Zafe and Cereno, were busy with another emergency surgery. 2) When they examined Raymond, his blood pressure was normal so they decided to defer his surgery until the other operation was finished. However, Raymond died from blood loss before his surgery could be performed. 3) The Court of Appeals found the surgeons negligent for not operating on Raymond immediately. However, the Supreme Court reversed, finding no negligence because Raymond was stable at the time and it was reasonable for the surgeons to prioritize the other emergency over Raymond

    Copyright:

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

    Dr. Cereno and Dr. Zafe v. Court of Appeals

    Uploaded by

    erxha lado
    63 views2 pages
    1) Raymond S. Olavere was rushed to the hospital after a stabbing and needed blood transfusion and surgery. However, the two surgeons, Drs. Zafe and Cereno, were busy with another emergency surgery. 2) When they examined Raymond, his blood pressure was normal so they decided to defer his surgery until the other operation was finished. However, Raymond died from blood loss before his surgery could be performed. 3) The Court of Appeals found the surgeons negligent for not operating on Raymond immediately. However, the Supreme Court reversed, finding no negligence because Raymond was stable at the time and it was reasonable for the surgeons to prioritize the other emergency over Raymond

    Original Title

    21. Dr. Cereno and Dr. Zafe v. Court of Appeals

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    1) Raymond S. Olavere was rushed to the hospital after a stabbing and needed blood transfusion and surgery. However, the two surgeons, Drs. Zafe and Cereno, were busy with another emergency surgery. 2) When they examined Raymond, his blood pressure was normal so they decided to defer his surgery until the other operation was finished. However, Raymond died from blood loss before his surgery could be performed. 3) The Court of Appeals found the surgeons negligent for not operating on Raymond immediately. However, the Supreme Court reversed, finding no negligence because Raymond was stable at the time and it was reasonable for the surgeons to prioritize the other emergency over Raymond

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    63 views2 pages

    Dr. Cereno and Dr. Zafe v. Court of Appeals

    Uploaded by

    erxha lado
    1) Raymond S. Olavere was rushed to the hospital after a stabbing and needed blood transfusion and surgery. However, the two surgeons, Drs. Zafe and Cereno, were busy with another emergency surgery. 2) When they examined Raymond, his blood pressure was normal so they decided to defer his surgery until the other operation was finished. However, Raymond died from blood loss before his surgery could be performed. 3) The Court of Appeals found the surgeons negligent for not operating on Raymond immediately. However, the Supreme Court reversed, finding no negligence because Raymond was stable at the time and it was reasonable for the surgeons to prioritize the other emergency over Raymond

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    You are on page 1of 2

    DR. CERENO AND DR. ZAFE V.

    COURT OF APPEALS
    G.R. No. 167366, September 26, 2012

    Facts:
    At about 9:15 in the evening of 16 September 1995, Raymond S. Olavere (Raymond), a victim
    of a stabbing incident, was rushed to the Bicol Regional Medical Center (BRMC). Dr. Realuyo,
    the emergency room resident physician, recommended that Raymond should undergo blood
    transfusion.
    At 10:30 P.M., Raymond was brought inside the operating room. During that time, the hospital
    surgeons, Drs. Zafe and Cereno, were busy operating on gunshot victim Charles Maluluy-on.
    Assisting them in the said operation was Dr. Rosalina Tatad (Dr. Tatad), who was the only senior
    anesthesiologist on duty at BRMC that night. Just before the operation on Maluluy-on was
    finished, another emergency case involving Lilia Aguila, a woman who was giving birth to
    triplets, was brought to the operating room. Drs. Zafe and Cereno, in the meantime, proceeded to
    examine Raymond and they found that the latters blood pressure was normal and "nothing in him
    was significant."
    There being no other available anesthesiologist to assist them, Drs. Zafe and Cereno decided to
    defer the operation on Raymond. At 11:15 P.M., the relatives of Raymond brought the bag of
    blood to be used for blood transfusion. Drs. Cereno and Zafe immediately started their operation
    on Raymond at around 12:15 A.M. of 17 September 1995. Upon opening of Raymonds thoracic
    cavity, they found that 3,200 cc of blood was stocked therein. Dr. Cereno did not immediately
    transfuse the blood since the bleeders had to be controlled first. Blood was finally transfused on
    Raymond at 1:40 A.M. However, during the operation, Raymond died due to massive loss of
    blood.
    Claiming that there was negligence on the part of those who attended to their son, the parents of
    Raymond (herein respondents) filed a complaint for damages against Drs. Zafe and Cereno. The
    RTC found Drs. Zafe and Cereno negligent for not immediately conducting surgery on
    Raymond. On appeal, the CA affirmed RTCs findings.

    Issue:
    Whether or not Drs. Zafe and Cereno are guilty of gross negligence in the performance of their
    duties?

    Held: No.

    The type of lawsuit which has been called medical malpractice or, more appropriately, medical
    negligence, is that type of claim which a victim has available to him or her to redress a wrong
    committed by a medical professional which has caused bodily harm. In order to successfully
    pursue such a claim, a patient must prove that a health care provider, in most cases a physician,
    either failed to do something which a reasonably prudent health care provider would have done,
    or that he or she did something that a reasonably prudent provider would not have done; and that
    the failure or action caused injury to the patient. Given that Dr. Tatad was already engaged in
    another urgent operation and that Raymond was not showing any symptom of suffering from
    major blood loss requiring an immediate operation, We find it reasonable that petitioners decided
    to wait for Dr. Tatad to finish her surgery and not to call the standby anesthesiologist anymore.
    There is, after all, no evidence that shows that a prudent surgeon faced with similar
    circumstances would decide otherwise.In medical negligence cases, it is settled that the
    complainant has the burden of establishing breach of duty on the part of the doctors or surgeons.
    It must be proven that such breach of duty has a causal connection to the resulting death of the
    patient. Upon opening of his thoracic cavity, it was discovered that there was gross bleeding
    inside the body. Thus, the need for petitioners to control first what was causing the
    bleeding.

    Petition is GRANTED. The CA is REVERSED and SET ASIDE

    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