G.R. No. 197987; March 19, 2012
MARITER MENDOZA, Petitioner, vs. ADRIANO CASUMPANG, JENNIFER ADRIANE and JOHN ANDRE, all surnamed CASUMPANG, Respondents.

FACTS

Josephine Casumpang (substituted upon her death by her husband Adriano and children Jennifer Adriane and John Andre, the respondents) filed a damage suit in 1993 against petitioner Dr. Mariter Mendoza before the RTC of Iloilo City. The case arose from a hysterectomy and myomectomy performed by Dr. Mendoza on Josephine on February 13, 1993. After the operation, Josephine experienced recurring fever, nausea, and vomiting. Three months post-operation, she discovered something protruding from her genital. Unable to contact Dr. Mendoza, she consulted another physician, Dr. Edna Jamandre-Gumban, who extracted a foul-smelling, partially expelled rolled gauze from her cervix. The RTC initially found Dr. Mendoza guilty of negligence, ordering her to pay damages, but later reversed itself upon reconsideration and dismissed the complaint. The Court of Appeals (CA) reinstated the RTC’s original decision, finding Dr. Mendoza breached her duty as a physician by leaving a gauze in the patient’s body. Dr. Mendoza appealed to the Supreme Court, arguing no gauze was left as evidenced by the surgical sponge count.

ISSUE

Whether the Court of Appeals erred in finding Dr. Mariter Mendoza liable for negligence (quasi-delict) for leaving a surgical gauze inside Josephine Casumpang’s body, resulting in her illness and death.

RULING

The Supreme Court AFFIRMED the CA decision with MODIFICATIONS, holding Dr. Mendoza liable.
1. On the Question of Fact and Negligence: The petition raised a question of fact, which is generally not allowed in a Rule 45 petition for review on certiorari. The factual findings of the CA are binding, and no exceptions apply. The Court upheld the CA’s conclusion of negligence. Citing Professional Services, Inc. v. Agana, the Court ruled that leaving a sponge or foreign substance in a wound after surgery is prima facie negligence by the operating surgeon, an act so inconsistent with due care as to raise an inference of negligence. The RTC’s observation that Josephine had no other surgery and it was unlikely she inserted the gauze herself supported this finding.
2. On the Award of Damages: The Court modified the CA award by adding:
* Exemplary Damages: Awarded in the amount of ₱50,000.00 under Articles 2229 and 2231 of the Civil Code, as the case involves gross negligence. The award serves as a correction for the public good and an example to the medical profession on the need for constant vigilance.
* Civil Indemnity for Death: Awarded in the amount of ₱50,000.00 to the heirs under Article 2206 of the Civil Code, as Josephine’s death resulted from petitioner’s negligence.
* Attorney’s Fees: Increased from ₱20,000.00 to ₱50,000.00 under Article 2208 of the Civil Code, deemed just and equitable.
DISPOSITIVE PORTION:
WHEREFORE, the Court entirely AFFIRMS the decision of the Court of Appeals dated March 18, 2011 with the MODIFICATION ordering petitioner Mariter Mendoza to pay respondents Adriano, Jennifer Adriane and John Andre, all surnamed Casumpang, an additional ₱50,000.00 as exemplary damages, additional ₱30,000.00 as attorney’s fees and civil indemnity arising from death in the amount of ₱50,000.00.