Saturday, November 3, 2018

[CASE DIGEST] PROFESSIONAL SERVICES, INC. v. AGANA (G.R. No. 126297)


January 31, 2007

Ponente: Sandoval-Gutierrez, J.

FACTS:

·         On April 4, 1984, Natividad Agana was rushed to the Medical City General Hospital because of difficulty of bowel movement and bloody anal discharge. She was diagnosed to have cancer of the sigmoid (colon).

·         On April 11, 1984, Dr. Ampil, assisted by the medical staff of the Medical City, performed an anterior resection surgery on Natividad.  He found that the malignancy in her sigmoid area had spread on her left ovary, necessitating the removal of certain portions of it. As such, Dr. Ampil obtained the consent of Natividad’s husband, Enrique Agana, to permit Dr. Juan Fuentes to perform hysterectomy.

·         After Dr. Fuentes had completed the hysterectomy, Dr. Ampil took over, completed the operation and closed the incision. However, the operation appeared to be flawed; the nurses noted that 2 pieces of gauze were missing.

·         Nevertheless, Natividad was discharged. Later, she complained of pain in her anal region so she consulted Drs. Ampil and Fuentes but they told her it was just a natural consequence of the surgery.
·         Natividad went to the US for further treatment. After 4 months, she was declared cancer-free so she returned to the Philippines.

·         On August 31, 1984, Natividad flew back to the Philippines, still suffering from pains.  Two weeks after, her daughter found a piece of gauze protruding from her vagina. Dr. Ampil went to her house to extract the piece of gauze by hand and assured her that the pains would soon vanish.

·         But the pain got worse. While confined at another hospital, another foreign object was detected in her vagina -- a foul-smelling gauze measuring 1.5 inches in width which badly infected her vaginal vault.  A recto-vaginal fistula had formed in her reproductive organs which forced stool to excrete through the vagina. Another surgery was needed to rectify the damage.

·         Spouses Agana filed a case for damages against Professional Services (Medical City). On February 16, 1986, pending the outcome of the above cases,  Natividad died and was substituted by her children.

·         The RTC found Dr. Ampil, Dr. Fuentes, and Professional Services, Inc. (Medical City) liable for negligence and malpractice. The CA, however, acquitted Dr. Fuentes and ruled that only Dr. Ampil and PSI were liable. Hence, the instant petition.

RULING:
 
Petition denied. CA affirmed. Dr. Fuentes not liable. Dr. Ampil and PSI solidarily liable

Whether or not CA erred in Holding Dr. Ampil liable for negligence and malpractice – NO. 

·         It is settled that the leaving of sponges or other foreign substances in the wound after the incision has been closed is at least prima facie negligence by the operating surgeon.  Such act is considered so inconsistent with due care as to raise an inference of negligence.

·         The elements of medical negligence – duty, breach, injury, and proximate causation – were all present.

·         As the lead surgeon, Dr. Ampil had the duty to remove all foreign objects, such as gauzes, from Natividad’s body before closure of the incision. When hefailed to do so, it was his duty to inform Natividad about it. That the pices of gauze were later on extracted from Natividad’s vagina established the causal link between Dr. Ampil’s negligence and the injury. What further aggravated such injury was his deliberate concealment of the missing gauzes from the knowledge of Natividad and her family. So what was initially an act of negligence by Dr. Ampil had ripened into a deliberate wrongful act of deceiving his patient.

Whether or not CA erred in holding that Dr. Fuentes was not liable – NO.

·         The Aganas assailed the dismissal by the trial court of the case against Dr. Fuentes, claiming that such dismissal was contrary to the doctrine of res ipsa loquitur. According to them, the fact that the two pieces of gauze were left inside Natividad’s body was a prima facie evidence of Dr. Fuentes’ negligence. 

·         Res ipsa loquitur (the thing speaks for itself): where the thing which caused the injury, without the fault of the injured, is under the exclusive control of the defendant and the injury is such that it should not have occurred if he, having such control used proper care, it affords reasonable evidence, in the absence of explanation that the injury arose from the defendant’s want of care, and the burden of proof is shifted to him to establish that he has observed due care and diligence.

·         There are four requisites for res ipsa loquitur to apply :(1) the occurrence of an injury; (2) the thing which caused the injury was under the control and management of the defendant; (3) the occurrence was such that in the ordinary course of things, would not have happened if those who had control or management used proper care; and (4) the absence of explanation by the defendant. Of the foregoing requisites, the most instrumental is the “control and management of the thing which caused the injury. In the present case, element 2 was not present.

·         Consider the following: Ampil was the lead surgeon of the operation on Natividad. He requested Fuentes to perform the hysterectomy after finding the malignancy had spread to Natividad’s ovaries. After Fuentes’ surgery, Fuentes allowed him to leave as he resumed the operation. Fuentes was not in the room when Ampil directed that the incision be closed. Under the Captain of the Ship rule, the operating surgeon is in complete charge of the surgery room and personnel connected with the operation. As the lead surgeon, it was Dr. Ampil, not Dr. Fuentes, who had control and management over the said incident.

Whether or not PSI should be liable for the negligence of Dr. Ampil – YES. 

·         For purposes of apportioning responsibility in medical negligence cases, an employer- employee relationship in effect exists between hospitals and their attending and visiting physicians (Ramos v. CA).
·         PSI's liability is also anchored upon the agency principle of apparent authority or agency by estoppel and the doctrine of corporate negligence.