DR. CRUZ v.

CA

FACTS:
Rowena De Ocampo accompanied her mother, Lydia, to the Perpetual
Help Clinic and General Hospital for a medical examination. After
examination, the petitioner discovered that Lydia had myoma in her uterus
and scheduled her for a hysterectomy operation. They stayed for the night
but Rowena often complained about the condition of the hospital. The
operation pushed through however there were complications. The hospital
informed them that they needed to buy blood for Lydia. Rowena and the
other family members complied but an hour later, the hospital asked them to
buy more blood. Unfortunately, they were not able to buy the blood needed
by Lydia because there was no more type A blood. Lyida was then rushed
to a better hospital so that they can conduct more tests and maybe operate
her again with better equipment. Lydia again was operated at the San Pablo
District Hospital. However, she did not make it through the operation and
died on the operating table. Petitioner Cruz, as physician, was charged with
reckless imprudence and negligence resulting in homicide. He was found
guilty in the lower courts, hence this petition.

ISSUE: Whether or not Dr. Cruz is guilty of reckless imprudence and

negligence resulting in homicide in relation to Lydias untimely death

HELD:

NO. The Court herein ruled in favor of the petitioner. The Court, in their
decision, stated that due to the absence of expert testimony, they cannot
ascertain for sure if indeed, Dr. Cruz acted negligently. Moreover, the Court
highlighted the importance of expert opinion in determining the liability of a
physician with regard to carelessness or negligence. However, it is also to
be understood that based on the facts, a normal person can determine the
level of negligence of Dr. Cruz. It was held that his actions leading to the
death of Lydia did not indicate that he is the proximate cause of the death of
Lydia. Dr. Cruz was acquitted by the Supreme Court of the crime charged.