Torts; Presumption of Negligence; Res Ipsa Loquitur; RTC dismissed the case against Dr.
the case against Dr. Fuentes, Agana assailed on the
The requisites for the applicability of the doctrine of res ipsa
loquitur are: (1) the occurrence of an injury; (2) the thing which
caused the injury was under the control and management of the
defendant; (3) the occurrence was such that in the ordinary course
of things.
In cases where it can be shown that a hospital, by its actions, has
held out a particular physician as its agent and/or employee and
that a patient has accepted treatment from that physician in the
reasonable belief that it is being rendered in behalf of the hospital,
then the hospital will be liable for the physician’s negligence.
Professional Services, Inc. vs. Agana, G.R. No. 126297. January 31,
2007
Facts:
Natividad Agana was rushed to the Medical City General Hospital
because of difficulty of bowel movement and bloody anal
discharge. Dr. Ampil, assisted by the medical staff4 of the Medical
City Hospital, performed an anterior resection surgery on
Natividad. He found that the malignancy in her sigmoid area had
spread on her left ovary, necessitating the removal of certain
portions of it. Thus, Dr. Ampil obtained the consent of Natividad’s
husband, Enrique Agana, to permit Dr. Juan Fuentes, respondent in
G.R. No. 126467, to perform hysterectomy on her.
After Dr. Fuentes had completed the hysterectomy, Dr. Ampil took
over, completed the operation and closed the incision.
However, the operation appeared to be flawed. After the
operation, Natividad’s daughter found a piece of gauze protruding
from her vagina which badly infected her vaginal fault. Natividad
alleged that the latter are liable for negligence for leaving two
pieces of gauze inside Natividad’s body and malpractice for
concealing their acts of negligence.
ground that it is contrary to the doctrine of res ipsa loquitur.
According to them, the fact that the two pieces of gauze were left
inside Natividad’s body is a prima facie evidence of Dr. Fuentes’
negligence.
Issue:
WON Dr. Fuentes is absolved from any liability
Decision:
No, the court is not convinced to the contention of Agana.
In the doctrine of res ipsa loquitur, where the thing which caused
the injury, without the fault of the injured, is under the exclusive
control of the defendant and the injury is such that it should not
have occurred if he, having such control used proper care,it affords
reasonable evidence, in the absence of explanation that the injury
arose from the defendant’s want of care, and the burden of proof is
shifted to him to establish that he has observed due care and
diligence.
The requisites for the applicability of the doctrine of res ipsa
loquiturare: (1) the occurrence of an injury; (2) the thing which
caused the injury was under the control and management of the
defendant; (3) the occurrence was such that in the ordinary course
of things. T he element of “control and management of the thing
which caused the injury” to be wanting. Hence, the doctrine of res
ipsa loquitur will not lie.
It was duly established that Dr. Ampil was the lead surgeon during
the operation of Natividad. He requested the assistance of Dr.
Fuentes only to perform hysterectomy when he (Dr. Ampil) found
that the malignancy in her sigmoid area had spread to her left
ovary. Dr. Ampil examined it and finding everything to be in order,
allowed Dr. Fuentes to leave the operating room.
Hence, Dr. Ampil may be discharged of liability.