GR 124354; (December, 1999) (Digest)
G.R. No. 124354. December 29, 1999.
ROGELIO E. RAMOS, et al. vs. COURT OF APPEALS, DELOS SANTOS MEDICAL CENTER, DR. ORLINO HOSAKA and DRA. PERFECTA GUTIERREZ.
FACTS
Petitioners Rogelio and Erlinda Ramos scheduled Erlinda for a cholecystectomy at Delos Santos Medical Center, with Dr. Orlino Hosaka as surgeon and Dr. Perfecta Gutierrez as anesthesiologist. On the day of the operation, Dr. Hosaka arrived late. After his arrival, Dr. Gutierrez proceeded to intubate Erlinda. During the procedure, Dr. Gutierrez encountered difficulty, remarking that the tube might have been incorrectly placed and noting the patient’s distending abdomen. Erlinda subsequently exhibited cyanosis and suffered cardiac arrest, resulting in permanent brain damage and a comatose condition.
The Regional Trial Court found respondents jointly liable for damages due to negligence. The Court of Appeals reversed this decision, absolving the respondents. The appellate court held that the evidence failed to establish the standard of care required in anesthesia administration and that the injury was not proven to be a direct result of negligent intubation. Petitioners sought a reversal of the Court of Appeals’ decision.
ISSUE
Whether respondents are liable for damages arising from negligence in the performance of their professional duties during Erlinda Ramos’s surgery.
RULING
The Supreme Court reversed the Court of Appeals and reinstated the trial court’s decision with modification, finding respondents solidarily liable. The Court applied the doctrine of res ipsa loquitur, as the injury—brain damage from oxygen deprivation during a routine procedure—is not an ordinary occurrence if proper care is exercised. Dr. Gutierrez was negligent in her intubation technique, failing to properly visualize the airway and promptly recognize esophageal intubation, which led to hypoxia. Dr. Hosaka, as the “captain of the ship,” bore responsibility for all events in the operating room, including the anesthesiologist’s actions, and was further negligent for his tardiness, which contributed to the rushed and stressful environment. The hospital was liable under Article 2180 of the Civil Code for the negligence of its accredited physicians, whom it presented as members of its medical staff. The Court awarded actual, moral, temperate, and exemplary damages, plus attorney’s fees, holding all respondents solidarily liable for their collective failure to meet the standard of care owed to the patient.