Respondents. G.R. No. 127590 February 2, 2010 Facts
Respondents. G.R. No. 127590 February 2, 2010 Facts
Respondents. G.R. No. 127590 February 2, 2010 Facts
Facts:
Enrique Agana told his wife Natividad Agana to look for their neighbour, Dr. Ampil, a
surgeon staff member of Medical City General Hospital, a prominent and known hospital, owned
and operated by Professional Services Incorporated (PSI). Natividad Agana underwent medical
surgery in said Hospital. The attendant doctors were Dr. Ampil and Dr. Fuentes. Natividad
suffered from injury due to two (2) gauzes left inside her body during the operation. Despite the
report of the (2) two missing gauzes, PSI did not initiate an investigation.
This case consolidated three (3) other cases previously decided and became final and
executory. Hence, this case is limited only to the second motion for reconsideration filed by the
PSI in an attempt absolve itself from liability.
Issue:
Yes. PSI is liable. Firstly, under the principle of Ostensible Agency, according to the Court,
ample evidence that the hospital held out to the patient that the doctor was its agent. Present are
the two factors that determine apparent authority: first, the hospital's implied manifestation to the
patient which led the latter to conclude that the doctor was the hospital's agent; and second, the
patient’s reliance upon the conduct of the hospital and the doctor, consistent with ordinary care
and prudence the decision made by Enrique for [his wife] Natividad to consult Dr. Ampil was
significantly influenced by the impression that Dr. Ampil was a staff member of Medical City
General Hospital, and that said hospital was well known and prominent. Enrique looked upon
Dr. Ampil not as independent of but as integrally related to Medical City. The Supreme Court
also held that the hospital’s “consent for hospital care” - required to be signed prior to the
surgery - affirmed that the surgeon was of the hospital.
Secondly, under the principle of Corporate Negligence, which was self-imposed liability
because of the statements made by the PSI which constituted judicial admission in its Motion for
Reconsideration. Its statements revealed that it had the power to review or cause the review of
what may have irregularly transpired within its walls strictly for the purpose of determining
whether some form of negligence may have attended any procedure done inside its premises,
with the ultimate end of protecting its patients.
The Court also noted the hospital admitted “the standards of its corporate conduct under the
circumstances of this case, specifically: (a) that it had a corporate duty to Natividad even after
her operation to ensure her safety as a patient; (b) that its corporate duty was not limited to
having its nursing staff note or record the two missing gauzes and (c) that its corporate duty
extended to determining Dr. Ampil's role in it, bringing the matter to his attention, and
correcting his negligence. The Court held that the case is “not intended to set a precedent and
should not serve as a basis to hold hospitals liable for every form of negligence of their doctors-
consultants under any and all circumstances.”
Facts:
Private complainant Belinda Santiago lodged a complaint with the National Bureau of
Investigation against the petitioners, Dr. Emmanuel Jarcia, Jr. And Dr. Marilou Bastan, for their
alleged neglect of professional duty which caused her son, Roy Alfonso Santiago, to suffer
serious physical injuries.
Upon investigation, the NBI found that Roy Jr. Was hit by a taxicab; that he was rushed to
the Manila Doctors Hospital for an emergency medical treatment; that an X-ray of the victim’s
ankle was ordered; that the X-ray result showed no fracture as read by Dr. Jarcia; that Dr. Bastan
entered the emergency room and, after conducting her own examination of the victim, informed
Mrs. Santiago that since it was only the ankle that was hit, there was no need to examine the
upper leg. Despite Mrs. Santiago's protest the doctors did not examine the upper portion of the
leg of Roy. That eleven (11) days later, Roy Jr. Developed fever, swelling of the right leg and
misalignment of the right foot; that Mrs. Santiago brought him back to the hospital; and that the
X-ray revealed a right mid-tibial fracture and a linear hairline fracture in the shaft of the bone.
After trial and applying the doctrine of res ipsa loquitor the RTC found petitioners to be
guilty of simple negligence. The decision was affirmed in toto by the CA.
Issues:
Whether of not the petitioner physicians are negligent, hence liable for damages.
Ruling:
Petitioners were negligent in their obligation. It was proven that a thorough examination was
not performed on Roy Jr since as residents on duty at the emergency room, Dr. Jarcia and Dr.
Bastan were expected to know the medical protocol in treating leg fractures and in attending to
victims of car accidents.
Thus, simple negligence is resent if: that there is lack of precaution on the part of the
offender, and that the damage impending to be caused is not immediate or the danger is not
clearly manifest.
Dr. Jarcia and Dr. Bastan, explained the court, cannot pass on the liability to the taxi driver
who hit the victim. It may be true that the actual, direct, immediate, and proximate cause of the
injury of Roy Jr. Was the vehicular accident when he was hit by a taxi. The petitioners,
however, cannot simply invoke such fact alone to excuse themselves from any liability. If this
would be so, doctors would have a ready defense should they fail to do their job in attending to
victims of hit-and-run, maltreatment, and other crimes of violence in which the actual, direct,
immediate, and proximate cause of the injury is indubitably the act of the perpetrator/s.
In failing to perform an extensive medical examination to determine the extent of Roy Jr.’s
injuries, Dr. Jarcia and Dr. Bastan were remiss of their duties as members of the medical
profession. Assuming for the sake of argument that they did not have the capacity to make such
thorough evaluation at that stage, they should have referred the patient to another doctor with
sufficient training and experience instead of assuring him and his mother that everything was all
right
CORTEJO
G.R. No. 171127
March 11, 2015
BRION, J.:
STATEMENT OF FACTS:
Edmer Cortejo (Edmer) was brought to the emergency room of San Juan de Dios Hospital
(SJDH) by his mother, Mrs. Jesusa Cortejo (Jesusa) due to difficulty in breathing, chest pains,
stomach pain, and fever. Dr. Ramoncito Livelo (Livelo), a family doctor, initially attended to
Edmer and after a few tests had the initial impression of Bronchopneumonia. Dr. Livelo then
gave Edmer some antibiotics to lessen his fever and loosen his phlegm.
Jesusa did not know anyone from SJDH. Jesusa used her fortune card and was referred to a
Fortune Care Coordinator, who was then absent. She got assigned to Dr. Noel Casumpang
(Casumpang) who appeared to be an employee of the hospital. Dr. Casumpang examined Edmer
for the first time and merely used a stethoscope and determined that it was Bronchopneumonia.
Not satisfied, she stated that Edmer had high fever, no colds or cough; Dr. Casumpang that it was
normal for Bronchopneumonia. The following day early morning, Edmer had now a fever, throat
irritation and even stomach and chest pains. Despite being known to such information, Dr.
Casumpang mere inquired if Edmer had asthma, reassured that the illness was
Bronchopneumonia.
Later in the morning, Edmer began vomiting phlegm with blood streak. Nelson Cortejo
(Nelson), Edmers father, thus called for a doctor and Dr. Ruby Miranda-Sanga (Sanga) came to
their
call. Dr. Sanga examined Edmer and found that he had a low grade non continuing fever, rashes
that were not typical of dengue fever. Dr. Rubi had told Dr. Casumpang of the symptoms.
She failed to positively diagnose the patient immediately because the blood streak was
washed by the Nelson, thus she ordered the next time it occurred Nelson should preserve the
same.
Upon acquiring a sample she positively determined that it was Dengue Hemorrahgic Fever. Dr.
Casumpang advised that Edmer be bought to the ICU, to which the spouses Cortejo agreed to but
the ICU was full, thus they opted to go to Makati Medical Center. Upon arriving it was declared
that
it was already at stage IV and thus irreversible. Edmer died.
2. Dr. Miranda : dr. Casumpang was the doctor assigned; she exercised prudence;
no causal rel. Between the initial diagnosis to the cause of death; dr. Jaudian
no evidence of cert. Of formal residency or fellowship inalso not credible
pediatrics
3. Sjdh : dr. Casumpang and dr. Miranda are mere independent contracttors; no
eer; they don’t hire consultants, only grant privileges towards them; don’t
pay them wages; no power of control: observed proper diligence of a good
father of the family
4. Respondents: they raise factual issues, not reviewable by this court; the
failed to timely diagnose, their medicaldoctors WERE NEGLIGENT
examination was not comprehensive, employed a guessing game; sdjh has no
proper paging system, no bronchosope, ratio of doctors to patients low
Issues:
1.) Whether Drs. Casumpang and Sanga committed inexcusable lack of precaution in
diagnosing and in treating the patient
2.) Whether SJDH is solidarily liable with the doctors
3.) Whether there is a causal connection between the doctor’s negligence and the patient’s
death.
HELD:
1.) Only Dr. Casumapang was negligent; Dr. Sanga was not
In other words, it was lost on Dr. Casumpang that the characteristic symptoms of dengue
(as Dr.
Jaudian testified) are: patient's rapid breathing; chest and stomach pain; fever; and the presence
of
blood in his saliva. He was selective in appreciating the symptoms.
DR. CASUMPANG WAS NEGLIGENT IN THE TREATMENT AND MANAGEMENT OF
DENGUE: Dr.
Casumpang failed to measure up to these standards. The evidence strongly suggests that he
ordered
a transfusion of platelet concentrate instead of blood transfusion. The tourniquet test was only
conducted after Edmer's second episode of bleeding, and the medical management (as reflected
in
NO ANTIBIOTICthe records) did not include antibiotic therapy and complete physical
examination
THERAPY AND COMPLETE PHY. EXAMINATION
DR. MIRANDA IS NOT LIABLE FOR NEGLIGENCE: the medical care required is that
of reasonably
careful physicians or hospital emergency room operators, not of interns or residents; Although
she had greater patient exposure, and was' subject to the same standard of care applicable to
attending physicians, we believe that a finding of negligence should also depend on several
competing factors, among them, her authority to make her own diagnosis, the degree of
supervision
of the attending physician over her, and the shared responsibility between her and the attending
physicians; Dr. Miranda likewise duly reported to Dr. Casumpang, who admitted receiving
updates
regarding Edmer's condition. There is also evidence supporting Dr. Miranda's claim that she
extended diligent care to Edmer. In fact, when she suspected - during Edmer's second episode of
bleeding - that Edmer could be suffering from dengue fever, she wasted no time in conducting
the
necessary tests, and promptly notified Dr. Casumpang about the incident. Indubitably, her
medical
assistance led to the finding of dengue fever.
We hold that, under the doctrine of apparent authority, a hospital can be held vicariously
liable for the negligent acts of a physician providing care at the hospital, regardless of whether
the
physician is an independent contractor, unless the patient knows, or should have known, that the
physician is an independent contractor.
The first factor focuses on the hospital’s manifestations and is sometimes described as an
inquiry whether the hospital acted in a manner which would lead a reasonable person to conclude
that the individual who was alleged to be negligent was an employee or agent of the hospital. In
this regard, the hospital need not make express representations to the patient that the treating
physician is an employee of the hospital; rather a representation may be general and implied.
The second factor focuses on the patient's reliance. It is sometimes characterized as an
inquiry on whether the plaintiff acted in reliance upon the conduct of the hospital or its agent,
consistent with ordinary care and prudence. (Citation omitted)
1. HOSPITAL’S MANIFESTATIONS: In this case, the court considered the act of the
hospital of holding itself out as provider of complete medical care, and considered the
hospital to have impliedly created the appearance of authority.
Mrs. Cortejo accepted Dr. Casumpang's services on the reasonable belief that such
were being provided by SJDH or its employees, agents, or servants. By referring Dr.
Casumpang to care and treat for Edmer, SJDH impliedly held out Dr. Casumpang, not
only as an accredited member of Fortune Care, but also as a member of its medical
staff.
1.
A patient presents with a brain abscess. The dominant organism is an anaerobe
normally found as part of the oral flora. Which of the following best fits that
description?
o A.
Nocardia
o B.
Actinomyces
o C.
Mycobacterium
o D.
Pseudomonas aeruginosa
2.
A 23-year-old male who has recently started working on a sheep farm in Nova
Scotia develops pneumonia shortly after helping with lambing. His cough
produces little sputum, and a saline-induced sputum sample shows no
predominant organism either with Gram stain or with acid-fast stain. It is
established that he acquired the pneumonia from parturition products from the
sheep. Which agent is most likely to be the cause of his pneumonia?
o A.
Rickettsia akari
o B.
Rickettsia typhi
o C.
Rickettsia rickettsii
o D.
Coxiella burnetii
o E.
Anaplasma phagocytophila
3.
A 3 year old presents with difficulty breathing and will not lie down to be
examined. You suspect acute bacterial epiglottitis and examine the child’s
epiglottis, which is highly inflamed. Which vaccine are you most likely to find that
the child is missing?
o A.
Diphtheria
o B.
Neisseria meningitidis
o C.
Polio
o D.
Haemophilus influenzae
4.
A 22-year-old cystic fibrosis patient presents with fever and increasing dyspnea.
A Gram-negative organism is found in unusually high numbers in the mucus.
Which virulence factor is most important in colonization and maintenance of the
organism in the lungs?
o A.
Exotoxin A
o B.
o C.
Polysaccharide slime
o D.
Endotoxin
5.
Exotoxin A most closely resembles the action of which other microbial toxin?
o A.
o B.
Shiga toxin
o C.
Diphtheria toxin
o D.
Vero toxin
6.
A 36-year-old immigrant who lived in a crowded resettlement camp before
coming to the United States now has a cough that has been bothering him for
several weeks. He has also lost 10 pounds. Which of the following factors is
known to be most important in triggering the granulomatous reaction to wall off
and contain the infection?
o A.
Cord factor
o B.
Mycolic acid
o C.
o D.
Sulfatides
o E.
Wax D
7.
Patient develops diarrhea 5 days after starting antibiotic treatment for a serious
staphylococcal infection. What is the most likely causative agent?
o A.
Clostridium perfringens
o B.
Clostridium difficile
o C.
Pseudomonas aeruginosa
o D.
Shigella sonnei
8.
A patient develops mild gastroenteritis a few days after having a variety of sushi
at a party. There is no blood or pus in the stool. Which causative agent is most
likely to have caused this illness?
o A.
Vibrio cholerae
o B.
Vibrio parahaemolyticus
o C.
Salmonella typhi
o D.
Shigella sonnei
9.
Yersinia pestis may be transferred by
o A.
o B.
o C.
o D.
Respiratory droplets
10.
A patient had surgery 2 months ago to put in a pace maker. He felt fine for 1
month, but over the past month, he has been feeling worse. He is running a low-
grade fever, tires easily, and has worsening heart murmurs. Which of the
following staphylococcal organisms causes sub-acute bacterial endocarditis that
occurs 2 months or more after heart surgery?
o A.
Staphylococcus aureus
o B.
Staphylococcus epidermidis
o C.
Staphylococcus haemolyticus
o D.
Staphylococcus saprophyticus
11.
A previously healthy 6 month old now looks limp. He cannot hold his eyes open,
pupils do not react, and he cannot hold his head up. What is the proper
treatment?
o A.
Send him home on amoxicillin and clindamycin (to stop the toxin production quickly)
o B.
o C.
o D.
o E.
Monitored supportive care with no antibiotics and no antitoxin
12.
A 78-year-old man develops a high fever, cough producing a blood-tinged
sputum, and difficulty breathing. Sputum shows organism consistent with
Streptococcus pneumoniae. What is the most important virulence factor?
o A.
Endotoxin
o B.
o C.
Polypeptide capsule
o D.
Polysaccharide capsule
13.
Which of the following organisms grows in 40% bile?
o A.
Enterococcus faecalis
o B.
Streptococcus pneumoniae
o C.
Group B streptococci
o D.
Viridans streptococci
14.
A patient recently returned from Africa has been febrile for several days and now
has abdominal pain. His blood cultures grow out Salmonella typhi. What was the
most likely source of his infection?
o A.
Raw chicken
o B.
Undercooked hamburger
o C.
Contact with baby goats on a farm and then eating without washing hands
o D.
o E.
Undercooked pork
15.
A (33-week) infant girl is born at home to a 16-year-old mom after 22 hours of
labor after the rupture of the membranes. A friend helped the mother deliver the
baby. The now 4 day old infant now shows signs of sepsis. What is the best
description for the most likely causative agent? All organisms in the answer
choices are Gram-positive, catalase-negative cocci found in pairs or short
chains.
o A.
Non-hemolytic organisms found as part of the normal fecal flora; resistant to bile and
optochin; carries a high level of drug resistance
o B.
o C.
o D.
Alpha-hemolyticcocci in chains; resistant to bile and optochin
16.
A patient has a gastric ulcer not induced by non-steroidal anti-inflammatory
agents. Which characteristic appears to play a central role in the ability of the
organism to survive transit of the lumen to colonize the stomach?
o A.
Phospholipase C production
o B.
Urease production
o C.
o D.
O antigens
17.
A54-year-old man develops a pyogenic infection along the suture line after knee
surgery. The laboratory gives a preliminary report of a beta-hemolytic, catalase-
positive, coagulase-positive, Gram-positive coccus. The most likely causative
agent is
o A.
Moraxella catarrhalis
o B.
Staphylococcus aureus
o C.
Staphylococcus epidermidis
o D.
Streptococcus agalactiae
o E.
Streptococcus pyogenes
Related Topics
Hospital
In the first case, Professional Services Inc. v. Agana, GR No. 126297, filed on January 31, 2007,
I believe both physicians Dr. Ampil and Dr. Fuentes are guilty. Dr. Fuentes is the one who
performed the hysterectomy on the patient and failed to remove two gauzes that he used during
the procedure. Dr. Fuentes was a surgeon and already knows that what happened to the patient,
but he was assuring that everything is fine instead of explain the injury happened. PSI is also
liable, because they are also apparent authorities also the part of the hospital so it’s their
responsibility to know what is happening to the patient.
The cases were examples of doctor’s negligence and medical malpractice, which resulted in
suffering for the patients. According to the medical malpractice all 4 element (duty, breach of
duty, damage, cause) involved in this case. As a result, they should face legal consequences and
a fair trial for their malpractice and callous negligence, which resulted in the death of one of the
patients. This should not be allowed to continue, and it is the medical institution's responsibility
to ensure the safety of their patients. The physicians' negligence resulted in the death and
suffering of the patients. in my opinion such medical officials should be punished by law, and
hospitals should not allow such malpractice by physicians.