Garcia vs.

Salvador

Facts
Ranida Salvador started working as a trainee in LBHT. She underwent a
medical exam @ CDC with Garcia (medtech) conducting the HBs Ag test. Her
result was REACTIVE. The company physician (Sto. Domingo) told her she is
suffering from HepaB, and based on the medical report SD submitted, LBHT
terminated her employment. Ranida told her father Ramon about her condition,
then the latter suffered a heart attack and was confined at Bataan Doctors
Hospital. Ranida took another HBs Ag test in BDH, and the result was NON-
REACTIVE. She told Dr. SD about it but the latter said the CDC test was more
reliable, so she took another test at CDC again, and the result this time was
NON-REACTIVE. She took the same test used in CDC @ BDH and the result was
NON-REACTIVE (four tests!). She submitted the results to the LBHT ExecOff who
requested her to undergo under test (WTF!) - result is NEGATIVE (5th test, haha),
so LBHT rehired her.
Ranida and Ramon filed a complaint for damages against medtech
Garcia + pathologist Castro, claiming that the erroneous interpretation led her
to lose her job, suffer mental anxiety, while Ramon was hospitalized + lost
business opportunities. Garcia denied the allegations of gross negligence and
incompetence; explained "false positive." Castro said he did not examine
Ranida, and that the results bore only his stamped signature.
RTC dismissed the Salvadors' complaint for failure to present sufficient
evidence. CA reversed this and ordered Garcia to pay moral damages (50k),
exemplary damages (50k), and atty's fees (25k). Castro was exonerated.

Issue:

WON Garcia is liable of torts.

Ruling:

Yes. Garcia may not have intended to cause the consequences which
followed after the release of the HBsAG test result. However, his failure to comply
with the laws and rules promulgated and issued for the protection of public
safety and interest is failure to observe that care which a reasonably prudent
health care provider would observe. Thus, his act or omission constitutes a
breach of duty.
Indubitably, Ranida suffered injury as a direct consequence of Garcia's
failure to comply with the mandate of the laws and rules. She was terminated
from the service for failing the physical examination; suffered anxiety because of
the diagnosis; and was compelled to undergo several more tests. All these could
have been avoided had the proper safeguards been scrupulously followed in
conducting the clinical examination and releasing the clinical report.
Article 20 of the New Civil Code provides that, “Every person who,
contrary to law, willfully or negligently causes damage to another, shall
indemnify the latter for the same.” The foregoing provision provides the legal
basis for the award of damages to a party who suffers damage whenever one
commits an act in violation of some legal provision. This was incorporated by the
Code Commission to provide relief to a person who suffers damage because
another has violated some legal provision.