G.R. No. 192973, September 29, 2014
PEDRITO DELA TORRE, Petitioner, vs. DR. ARTURO IMBUIDO, DRA. NORMA IMBUIDO in their capacity as owners and operators of DIVINE SPIRIT GENERAL HOSPITAL and/or DR. NESTOR PASAMBA, Respondents.

FACTS

Petitioner Pedrito Dela Torre filed a complaint for damages against respondents, the owners/operators of Divine Spirit General Hospital and the attending physician, following the death of his wife, Carmen, after childbirth. Carmen was admitted for delivery on February 2, 1992. A caesarean section was performed by Dr. Nestor Pasamba on February 3 due to lack of progress. Post-operation, Carmen developed symptoms, was diagnosed with a urinary tract infection, and her abdomen enlarged. A second operation was performed on February 12 for suspected intestinal obstruction and adhesions. Carmen died on February 13, 1992. The hospital’s death certificate listed the cause as “cardio-respiratory arrest secondary to cerebro vascular accident, hypertension and chronic nephritis induced by pregnancy.” An autopsy report by Dr. Richard Patilano, however, concluded the cause was “shock due to peritonitis, severe, with multiple intestinal adhesions; Status post Caesarian Section and Exploratory Laparotomy.” Pedrito alleged medical negligence. The respondents defended their actions as necessary and within the standard of care, and counterclaimed for unpaid hospital bills. The Regional Trial Court (RTC) ruled in favor of Pedrito, relying heavily on Dr. Patilano’s testimony. The Court of Appeals (CA) reversed the RTC, finding no negligence proven and granting the counterclaim for unpaid hospital charges.

ISSUE

Whether the respondents are liable for medical negligence resulting in the death of Carmen Dela Torre.

RULING

The Supreme Court denied the petition and affirmed the CA Decision. The Court held that the petitioner failed to prove the essential elements of medical negligence: duty, breach, injury, and proximate causation. Specifically, the testimony and report of Dr. Patilano were deemed insufficient to establish that the respondents breached the standard of care or that any such breach proximately caused Carmen’s death. The Court noted that Dr. Patilano’s autopsy did not examine vital internal organs like the brain, lungs, kidneys, liver, and adrenal glands, making his findings on the cause of death inconclusive. The Court emphasized that causation must be proven within a reasonable medical probability based on competent expert testimony, which was absent. The Court sustained the CA’s award of the counterclaim for unpaid hospital bills in the amount of ₱48,515.58, as this amount was stipulated by the parties during pre-trial.