G.R. No. 165279, June 7, 2011
DR. RUBI LI, Petitioner, vs. SPOUSES REYNALDO and LINA SOLIMAN, as parents/heirs of deceased Angelica Soliman, Respondents.

FACTS

Respondents’ 11-year-old daughter, Angelica Soliman, was diagnosed with osteosarcoma. After her right leg was amputated, she was referred to petitioner Dr. Rubi Li, a medical oncologist, for adjuvant chemotherapy. Angelica was admitted to St. Luke’s Medical Center (SLMC) on August 18, 1993. The first cycle of chemotherapy drugs (Cisplatin, Doxorubicin, and Cosmegen) was administered intravenously starting August 19. Angelica experienced adverse symptoms, including reddish facial discoloration, difficulty breathing, black stool, reddish urine, and carpo-pedal spasm. Respondents pleaded to stop the chemotherapy on August 22. Angelica was discharged on August 23 but readmitted on August 30 after developing fever and convulsions. She died on September 1, 1993. The PNP Crime Laboratory’s autopsy report cited the cause of death as “Hypovolemic shock secondary to multiple organ hemorrhages and Disseminated Intravascular Coagulation.” Respondents filed a damage suit against petitioner and others, alleging negligence in administering chemotherapy and failure to observe precautions, and that petitioner assured them of a 95% chance of healing while only mentioning minor side effects (vomiting, hair loss, weakness), which led them to consent. Petitioner denied negligence, claiming she fully explained the serious side effects, including low blood cell counts and organ damage, and attributed Angelica’s death to possible remaining malignant cells leading to sepsis and DIC.

ISSUE

Whether petitioner Dr. Rubi Li is liable for damages due to negligence and lack of informed consent in administering chemotherapy to Angelica Soliman.

RULING

The Supreme Court denied the petition and affirmed the Court of Appeals’ decision with modification, holding petitioner liable for damages. The Court found that petitioner was negligent in the administration of chemotherapy. She failed to conduct the necessary baseline diagnostic tests and closely monitor Angelica’s condition, particularly her platelet count, after administering a drug known to cause bone marrow suppression. This failure to exercise the standard of care led to the inability to detect and manage the complications that resulted in Angelica’s death. Furthermore, the Court found that petitioner did not secure the informed consent of Angelica’s parents. She failed to disclose the serious risks involved in the chemotherapy treatment, such as bone marrow suppression, hemorrhaging, and fatal complications. The assurance of a 95% chance of healing, coupled with the omission of these material risks, vitiated the consent given by the parents. Petitioner was ordered to pay respondents moral damages, exemplary damages, attorney’s fees, and costs of suit. The complaint against the other defendants was dismissed.