UP Law F2021 Garcia v Salvador

Medical Jurisprudence 2007 Ynares-Santiago

SUMMARY

Carlos Borromeo lost his wife Lillian when she died after undergoing a routine appendectomy. The hospital
and the attending surgeon submit that Lillian bled to death due to a rare, life-threatening condition that
prevented her blood from clotting normally. Carlos believes, however, that the hospital and the surgeon
were simply negligent in the care of his late wife. While SC sympathizes with the petitioner’s loss, the
petitioner failed to present sufficient convincing evidence to establish: (1) the standard of care expected of
the respondent and (2) the fact that Dr. Inso fell short of this expected standard. Considering further that
the respondents established that the cause of Lilian’s uncontrollable bleeding (and, ultimately, her death)
was a medical disorder – Disseminated Intravascular Coagulation – we find no reversible errors in the CA’s
dismissal of the complaint on appeal.

FACTS

• Respondent Ranida D. Salvador started working as a trainee in the Accounting Department of Limay
Bulk Handling Terminal, Inc. (the Company).
o As a prerequisite for regular employment, she underwent a medical examination at the Community
Diagnostic Center (CDC). Petitioner Garcia, who is a medical technologist, conducted the HBs Ag
(Hepatitis B Surface Antigen) test and as such, CDC issued the test result indicating that Salvador was
"HBs Ag: Reactive."
o The result bore the name and signature of Garcia as examiner and the rubber stamp signature of
Castro as pathologist.
• When she submitted the result to company physician, the latter told her that the result indicated that
she is suffering from Hepatitis B, a liver disease. Based on the doctor’s medical report, the company
terminated Salvador’s employment for failing the physical exam.
• When she informed her father Ramon, he suffered a heart attack and was confined at the hospital.
During her father’s confinement, she had another HBs Ag test at the same hospital. The result indicated that
she is non-reactive. She informed Sto. Domingo but was told that the test by the CDC was more reliable
because it used the Mirco-Elisa Method.
• Thus, Salvador went back to CDC for confirmatory testing, and this time, the Anti-HBs test conducted
on her indicated a "Negative" result.
• Salvador also underwent another HBs Ag test at the Bataan Doctors Hospital using the Micro-Elisa
Method. The result indicated that she was non-reactive.
• Salvador submitted the latest test results to the Executive Officer of the Company who requested her
to undergo another similar test before her re-employment would be considered. Thus, CDC conducted
another HBs Ag test on Salvador which indicated a "Negative" result.
• Thereafter, the Company rehired Salvador.
• Salvador filed a complaint for damages against petitioner Garcia and Castro on the ground that the
erroneous interpretation of the results of the examination, she lost her job among others. The trial court
ruled in favor of Garcia due to lack of sufficient evidence. On appeal, the Court of Appeals ruled in favor of
Salvador and found Garcia negligent in issuing an erroneous result.

ISSUE: W/N Garcia committed negligence as a medical technologist. YES / W/N the erroneous
interpretation of the examination conducted by Garcia is considered a tortuous act
YES, the erroneous interpretation of the examination conducted by Garcia is considered a tortuous act.
RATIO

 The elements of an actionable conduct are: 1) duty, 2) breach, 3) injury, and 4) proximate causation.
 For health care providers, the test of the existence of negligence is: Did the health care provider either
fail to do something which a reasonably prudent health care provider would have done, or that he or she
did something that a reasonably prudent health care provider would not have done; and that failure or
action caused injury to the patient; if yes, then he is guilty of negligence.
 The Court held that a violation of a statutory duty is negligence. Where the law imposes upon a person
the duty to do something, his omission or non-performance will render him liable to whoever may be
injured thereby.
o ITC, RA 4688 or The Clinical Laboratory Law governs the owners and operators of clinical
laboratories, while RA 5527 or The Philippine Medical Technology Act governs the profession of
medical technologists.

 The following are the statutory duties violated by Garcia:

 That a clinical laboratory must be administered, directed and supervised by a licensed physician
authorized by the Secretary of Health, like a pathologist who is specially trained in methods of
laboratory medicine;1
 That the medical technologist must be under the supervision of the pathologist or a licensed
physician; and
 That the results of any examination may be released only to the requesting physician or his
authorized representative upon the direction of the laboratory pathologist.

 Proof of Negligence/ Garcia failed to comply with the above-mentioned standards set by law:
 CDC is not administered, directed and supervised by a licensed physician as required by law. It was
done by Ma. Ruby C. Calderon, a licensed Medical Technologist
 Garcia conducted the HBs Ag test of respondent Salvador without the supervision of Castro
(pathologist).
o Castro’s infrequent visit to the clinical laboratory barely qualifies as an effective
administrative supervision and control over the activities in the laboratory. "Supervision and
control" means the authority to act directly whenever a specific function is entrusted by law
or regulation to a subordinate; direct the performance of duty; restrain the commission of
acts.

 Castro never met Ranida nor did he personally examine any specimen of hers
 The HBs Ag test result was released to Salvador without the authorization of Castro (pathologist).

 Garcia’s failure to comply with the laws and rules promulgated and issued for the protection of public
safety and interest is failure to observe that care which a reasonably prudent health care provider
would observe. Thus, his act or omission constitutes a breach of duty, which is one of the elements of a
tortuous act.
 Art. 20. Every person who, contrary to law, willfully or negligently causes damage to another, shall
indemnify the latter for the same.

1
Revised Rules and Regulations Governing the Registration, Operation and Maintenance of Clinical Laboratories in
the Philippines: For all categories of clinical laboratories, the head shall be a licensed physician certified by the
Philippine Board of Pathology in either Anatomic or Clinical Pathology or both
 FALLO The decision of the Court of Appeals is AFFIRMED. Garcia is guilty of gross negligence and liable to
pay respondent Salvador PhP 50,000 as moral damages, PhP 50,000 as exemplary damages, and PhP 25,000
as attorney’s fees.