Medical negligence/malpractice
Ramos v. CA (G.R. No. 124354, December 29, 1999)
FACTS: Petitioner Erlinda Ramos was advised to undergo an operation for the removal of a stone in her
gall bladder (cholecystectomy). Dr. Hosaka, a surgeon, agreed to perform the operation on her. He also
recommended to them the services of Dr. Gutierrez, an anesthesiologist. The operation was scheduled
for June 17, 1985 at 9:00 in the morning at De Los Santos Medical Center (DLSMC). Upon the request of
petitioner Erlinda, her sister-in-law, Herminda Cruz, who was then Dean of the College of Nursing at the
Capitol Medical Center, was allowed to accompany her inside the operating room. Dr. Hosaka arrived at
the hospital at around 12:10 in the afternoon, or more than three hours late after the scheduled operation.
While she held the hand of Erlinda, Cruz saw Dr. Gutierrez trying to intubate the patient. Cruz heard Dr.
Gutierrez utter: "ang hirap ma-intubate nito, mali yata ang pagkakapasok. O lumalaki ang tiyan." Cruz
noticed a bluish discoloration of Erlindas nailbeds on her left hand. Cruz then heard Dr. Hosaka instruct
someone to call Dr. Calderon, another anesthesiologist. When he arrived, Dr. Calderon attempted to
intubate the patient. The nailbeds of the patient remained bluish, thus, she was placed in a trendelenburg
position a position where the head of the patient is placed in a position lower than her feet. Since the illfated operation, Erlinda remained in comatose condition.
Petitioner presented the testimonies of Dean Herminda Cruz and Dr. Mariano Gavino to prove that the
comatose sustained by Erlinda was due to lack of oxygen in her brain caused by the faulty management
of her airway by private respondents during the anesthesia phase. On the other hand, private
respondents primarily relied on the expert testimony of Dr. Eduardo Jamora, a pulmonologist, to the effect
that the cause of brain damage was Erlinda's allergic reaction to the anesthetic agent, Thiopental Sodium
(Pentothal).The trial court found private respondents liable for damages arising from negligence in the
performance of their professional duties. However, the Court of Appeals overturned the decision of the
RTC.
ISSUES:
1. Whether the doctrine of res ipsa loquitor applies in this case
2. Whether Dr. Gutierrez, the anaesthesiologist, is liable for negligence
3. Whether the faulty intubation is the proximate cause of Erlindas brain damage
4. Whether Dr. Hosaka, the surgeon, is liable for negligence
5. Whether DLSMC is liable for any act of negligence by Gutierrez and Hosaka
RULING:
1. Yes. Medical malpractice cases do not escape the application of the doctrine of res ipsa loquitur. It has
been applied when the circumstances attendant upon the harm are themselves of such a character as to
justify an inference of negligence as the cause of that harm. A case strikingly similar to the facts herein is
Voss vs. Bridwell, where the Kansas Supreme Court applied the doctrine. Considering that a sound and
unaffected member of the body (the brain) is injured or destroyed while the patient is unconscious and
under the immediate and exclusive control of the physicians, we hold that a practical administration of
justice dictates the application of res ipsa loquitur.
2. Yes. Respondent Dr. Gutierrez was negligent in the care of Erlinda during the anesthesia phase. As
borne by the records, she failed to properly intubate the patient. This fact was attested to by Cruz who
was in the operating room right beside the patient when the tragic event occurred. Moreover, respondent
Dr. Gutierrez' act of seeing her patient for the first time only an hour before the scheduled operative
procedure was an act of exceptional negligence and professional irresponsibility. The measures
cautioning prudence and vigilance in dealing with human lives lie at the core of the physician's centuriesold Hippocratic Oath. Her failure to perform pre-operative evaluation of the patient is, therefore, a
clear indicia of her negligence.
3. Yes. Private respondents' theory, that Thiopental Sodium may have produced Erlinda's coma by
triggering an allergic mediated response, has no support in evidence. No evidence of stridor, skin
reactions, or wheezing some of the more common accompanying signs of an allergic reaction
appears on record. No laboratory data were ever presented to the court. In view of the evidence at hand,
faulty intubation is undeniably the proximate cause which triggered the chain of events leading to
Erlinda's brain damage and, ultimately, her comatosed condition. Even granting that the tube was
successfully inserted during the second attempt, it was obviously too late. As aptly explained by the trial
court, Erlinda already suffered brain damage as a result of the inadequate oxygenation of her brain for
about four to five minutes.
4. Yes. As the so-called "captain of the ship," it is the surgeon's responsibility to see to it that those under
him perform their task in the proper manner. Respondent Dr. Hosaka's negligence can be found in his
failure to exercise the proper authority in not determining if his anesthesiologist observed proper
anesthesia protocols. In fact, no evidence on record exists to show that respondent Dr. Hosaka verified if
respondent Dra. Gutierrez properly intubated the patient. Furthermore, Dr. Hosaka had scheduled another
procedure in a different hospital at the same time as Erlinda's cholecystectomy, and was in fact over three
hours late for the latter's operation. Because of this, he had little or no time to confer with his
anesthesiologist regarding the anesthesia delivery. This indicates that he was remiss in his professional
duties towards his patient.
5. Yes. Private hospitals, hire, fire and exercise real control over their attending and visiting "consultant"
staff. While "consultants" are not, technically employees, a point which respondent hospital asserts in
denying all responsibility for the patient's condition, the control exercised, the hiring, and the right to
terminate consultants all fulfill the important hallmarks of an employer-employee relationship, with the
exception of the payment of wages. In assessing whether such a relationship in fact exists, the control
test is determining. Accordingly, on the basis of the foregoing, we rule that for the purpose of allocating
responsibility in medical negligence cases, an employer-employee relationship in effect exists between
hospitals and their attending and visiting physicians.
The basis for holding an employer solidarily responsible for the negligence of its employee is found in
Article 2180 of the Civil Code which considers a person accountable not only for his own acts but also for
those of others based on the former's responsibility under a relationship of patria potestas. Such
responsibility ceases when the persons or entity concerned prove that they have observed the diligence
of a good father of the family to prevent damage. In the instant case, respondent hospital, failed to
adduce evidence showing that it exercised the diligence of a good father of a family in the hiring and
supervision of the latter. It failed to adduce evidence with regard to the degree of supervision which it
exercised over its physicians. Respondent hospital is consequently solidarily responsible with its
physicians for Erlinda's condition.
petitioner Erlinda was due to a failure on the part of respondent DLSMC to provide for hospital facilities
and staff necessary for her treatment.