Professional Documents
Culture Documents
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cause.” Not satisfied with the findings of the to experience chills and exhibited respiratory
hospital, the petitioner requested the NBI to distress, nausea, vomiting and convulsions. Dr.
conduct an autopsy on her husband’s body. Blanes applied emergency measures, however,
Consequently, the NBI ruled that Florencio’s Jorge did not respond to the treatment and
death was due to lack of care by the attending slipped into cyanosis (a bluish or purplish
physician in administering anaesthesia. This discoloration of the skin or mucous membrane
prompted the petitioner to file a criminal case due to the deficient oxygenation of the blood).
against Dr. Antonio and Dr. Balatbat-Reyes for Thereafter, Jorge died. Petitioners filed a
Homicide through Reckless Imprudence. complaint for damages against respondents
contending that Jorge’s death was not due to
Issue: Whether or not there was medical typhoid fever but was due to the wrongful
malpractice committed on the part of the administration of chloromycetin.
attending physicians.
Issue: Whether or not there was medical
Ruling: The SC held that there are 4 elements malpractice committed.
of medical negligence which are: duty, breach,
injury and proximate causation. In the case at Ruling: The SC held that there was no medical
bar, upon employment of the services of the malpractice committed. The Widal test was
attending physicians, there was indeed a duty properly conducted as it is normally used in
on their part to use at least the same level of cases when typhoid fever is suspected. In the
care that any other reasonably competent case at bar, the 1:320 results of the Widal test
doctor would use to treat a condition under the on Reyes gave the impression that the patient
same circumstances. The breach of these was suffering from typhoid fever. As to the
professional duties of skill and care by the administration of the antibiotic, chloromycetin
physicians whereby the patient is injured in was a proper prescription as best established by
body or in health constitutes malpractice. medical authority. Said antibiotic is the drug of
Moreover, a causal connection is discernible choice for typhoid fever and that no drug has
from the occurrence of the victim’s death after yet proven better in promoting a favorable
the negligent act of the anaesthesiologist in clinical response. It was also found that despite
administering the anesthesia. The allegation of the measures taken by the respondent doctors
negligence is not entirely baseless. The NBI and the intravenous administration of two doses
deduced that the attending surgeons did not of chloromycetin, complications of the disease
conduct the necessary interview of the patient could not be discounted. The law does not
prior to the operation. It appears that the cause require doctors to predict every possible reaction
of the death of the victim could have been to all drugs administered. There is no need to
averted had the proper drug been applied to expressly require of doctors the observance of
cope with the symptoms of malignant “extraordinary” diligence. As it is now, the
hyperthermia. In addition, the SC cannot ignore practice of medicine is already conditioned upon
the fact that an antidote was readily available to the highest degree of diligence. The standard
counteract whatever deleterious effect the contemplated for doctors is simply the
anaesthesia might produce. Why these reasonable average merit among ordinarily good
precautionary measures were disregarded must physicians. That is reasonable diligence for
be sufficiently explained. doctors or the reasonable “skill and
competence . . . that a physician in the same or
similar locality . . . should apply.”
Reyes v. Sisters of Mercy Hospital
G.R. No. 130547. October 3, 2000 Ruñez v. Jurado
Facts: Jorge Reyes, the husband of petitioner A.M. No. 2005-08-SC December 9, 2005
Leah Reyes, was brought to the Mercy
Community Clinic. Upon examination, Facts: Petitioner Samuel Ruñez, Jr. filed a
respondent Dr. Marlyn Rico suspected that Jorge letter-complaint with the Office of the Chief
could be suffering from typhoid fever as this was Justice against the respondent Dr. Marybeth
prevalent in the locality. She ordered a Widal Jurado for the alleged lack of attention given to
Test, a standard test for typhoid fever, to be his father when the latter went to the Supreme
performed on Jorge. After an hour, the medical Court’s clinic complaining of dizziness. He claims
technician submitted the results of the test from that Dr. Jurado merely advised his father to go
which Dr. Rico concluded that Jorge was positive to the hospital and then allowed him to travel to
of typhoid fever. After her shift, Dr. Rico Manila Doctors Hospital despite the availability
indorsed Jorge to respondent Dr. Marvie Blanes. of an ambulance at the disposal of the clinic.
She ordered that a compatibility test with the Ruñez, Jr. submits that his father would not
antibiotic chloromycetin be done on Jorge. As have suffered a stroke, and subsequently died, if
there was no adverse reaction by the patient to not for the neglect of Dr. Jurado.
the antibiotic, Dr. Blanes ordered the first 500
milligrams of said antibiotic to be administered Issue: Whether or not the acts or omission of
at around 9 pm and a second dose was Dr. Jurado amounted to simple neglect of duty.
administered to him about three hours later just
before midnight. At around 1 am, Jorge began
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Ruling: The SC held in the negative. Under the the assistants assigned to both the use of the
law, simple neglect of duty is failure to give droplight and the taking of Nora’s blood
proper attention to a task expected of an pressure. Hence, the use of the droplight and
employee resulting from either carelessness or the blood pressure cuff is also within petitioner’s
indifference or signifies a disregard of duty exclusive control and petitioner can be held
resulting from carelessness or indifference. A liable for the injury suffered by respondent Nora
physician is expected to apply in his practice of Go.
medicine that degree of care and skill which is
ordinarily employed by the profession, generally, Ilao-Oreta v. Sps. Ronquillo
and under similar conditions. In the case at bar, G.R. No. 172406 October 11, 2007
Dr. Jurado cannot be held liable for his conduct
in allowing Ruñez, Sr. to walk out of the clinic Facts: Respondent spouses Eva Marie Ronquillo
despite her earlier diagnosis of his condition. and Noel Benedicto Ronquillo filed a complaint
She did not have the authority to stop him just against petitioner Dr. Concepcion for breach of
as other doctors have no power to force patients professional and service contract and for
into staying under their care. Dr. Jurado relied damages after the latter failed to arrive at the
on Ruñez, Sr.’s representation that he would scheduled time for the laparoscopic procedure.
return in order to be brought to the hospital but Petitioner contends that she believed in utmost
made no undertaking to wait for him beyond the good faith that she would be back in Manila in
clinic hours or to look for him if he did not time for the scheduled procedure and that said
return. Thus, when Ruñez, Sr. failed to show up failure to arrive on time was not due to her
as of closing time, and could not be found by the fault.
male nurse who looked for him at her
instructions, Dr. Jurado had reason to think that Issue: Whether or not petitioner can be held
he had decided to disregard her medical advice, liable for gross negligence.
which he in fact did when he and Ruñez, Jr. Ruling: The SC held in the negative. Although
decided to go to the hospital on their own. Dr. the petitioner failed to take into consideration
Jurado was obligated to care for Ruñez, Sr. the time difference between the Philippines and
when the latter asked for medical treatment, Hawaii, the situation then did not present any
which she did, but when he left on his own clear and apparent harm or injury that even a
accord Dr. Jurado was not expected, much less careless person may perceive. Petitioner could
duty-bound, to seek out her patient and not have been conscious of any foreseeable
continue being his doctor. Thus, the Dr. Jurado danger that may occur since she actually
cannot be said to be guilty of simple neglect of believed that she would make it to the operation
duty. that was elective in nature, the only purpose of
which was to determine the real cause of
Cantre v. Sps. Go infertility and not to treat and cure a life
G.R. No. 160889 April 27, 2007 threatening disease. Thus, in merely fixing the
date of her appointment with respondent Eva
Facts: Respondent Sps. John and Nora Go filed Marie Ronquillo, petitioner was not in the pursuit
a complaint for damages against petitioner Dr. or performance of conduct that any ordinary
Milagros Cantre after Nora Go suffered a skin person may deem to probably and naturally
burn in the inner portion of her left arm. It was result in injury. When she was scheduling the
allegedly caused by the droplight used to warm date of her performance of the procedure,
her and her baby after her delivery in the Dr. Ilao-Oreta had just gotten married and was
hospital. Both the trial court and the Court of preparing for her honeymoon, and it is of
Appeals ruled in favor of the respondents. common human knowledge that excitement
Hence, this petition. attends its preparations. Her negligence could
then be partly attributed to human frailty which
Issue: Whether or not petitioner Dr. Milagros rules out its characterization as gross.
Cantre is liable for the injury suffered by
respondent Nora Go.
PMA v. Board of Medical Examiners
G.R. L-25135 September 21, 1968
Ruling: The SC held in the affirmative. Whether
the injury was caused by the droplight or by the Facts: Respondent Jose Ma. Torres was granted
blood pressure as the petitioner contends is of
a certificate to practice medicine in the
no moment. Both instruments are deemed Philippines without the examination required in
within the exclusive control of the physician in
Republic Act No. 2882, otherwise known as the
charge under the "captain of the ship" doctrine. Medical Act of 1959. Thereafter petitioner
This doctrine holds the surgeon in charge of an
Philippine Medical Association filed an action
operation liable for the negligence of his contending that the grant of the respondent’s
assistants during the time when those assistants
certificate for the general practice of medicine in
are under the surgeon’s control. In the case at the Philippines without the examination
bar, it can be logically inferred that petitioner,
prescribed by law is violative of the law and that
the senior consultant in charge during the the respondent Board of Medical Examiners had
delivery of Nora’s baby, exercised control over
exceeded its authority in passing the resolution
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that granted respondent Torres said certificate. the prescribed requirements by law. The
Respondent contends that under the Treaty on discovered deficiencies as a medical college
the Validity of Academic Degrees and The (i.e., the inadequate faculty with no prospects
Exercise of the Professions between the Republic for satisfactory growth and development, and
of the Philippines and the Spanish State, she can the total lack of serious development efforts in
be allowed to perform general practice of academic medicine) are so serious a character
medicine in the country without taking the as to be irremediable. Under the law, the
required examination. Secretary of Education, Culture and Sports have
the power to enjoin compliance with the
Issue: Whether or not respondent should be requirements laid down for medical schools and
allowed to perform the general practice of to mete out sanctions where he finds that
medicine in the Philippines even without taking violations thereof have been committed. In the
the examination required by law. case at bar, Secretary Quisumbing correctly
ordered the closure of the College after it had
Ruling: The SC held that the benefits of the been given several opportunities to comply with
aforementioned Treaty merely extended to certain requirements yet it failed to do so. It
diplomas issued or degrees conferred by was grave abuse of discretion for respondent
educational institutions of Spain the same judge to issue the questioned injunction and
recognition and treatment that the Philippines thereby thwart official action.
accord to similar diplomas or degrees from local
institutions of learning. Thus, holders of said
Spanish diplomas or degrees must take the
examination prescribed by the Philippines’ laws
for holders of similar diplomas or degrees from
educational institutions in the Philippines. The
resolution No. 25, series of 1965, of respondent
Board is violative of Republic Act No. 2882 and
hence, null and void; and that, respondent
Board of Medical Examiners should be, as it is
hereby ordered to cancel the certificate of
registration, for the practice of medicine in the
Philippines, issued in favor of respondent Jose
Ma. Torres.