Prof. Services Inc. v. Agana Feb. 2, 2010 (denial of 2 nd M.R.)
emplo yer-employee relationship between doctor do ctor and hospital, but in SUBJECT MATTER: No employer-employee this circumstance where a doctor advertises himself such that he tends to appear as the agent of the hospital and by this reason petitioner chose the doctor, the hospital is liable because of the principle of ostensible agency. d ecision in the first case which held them vicariously Facts: PSI seeks the modification of the decision and directly liable for the damages to respondents Enrique Agana and the heirs of Natividad Agana. A bunch of other institutions intervened, saying their cause of action is the common ground that unless modified, the assailed decision and resolution will jeopardize the financial viability of private hospitals and jack up the costs of health care. In a decision de cision dated March 17, 1993, the RTC held PSI solidarily liable with Dr. Ampil and Dr. Fu entes for damages. On appeal, the Court of Appeals (CA ), absolved Dr. Fuentes but affirmed a ffirmed the liability of Dr. Ampil and PSI, subject to the right of PSI to claim reimbursement from Dr. Ampil
The premise of holding PSI liable with the Dr. Ampil is that there existed and employeremployee relationship that for the purposes of allocating responsibility in medical negligence cases, an employer-employee relationship exists between hospitals and their consultants. Ramos (Ramos v. Court of Appeals). Appeals). Although the Court in Ramos in Ramos later later issued a Resolution dated April 11, 2002 reversing its earlier finding on the existence of an employment relationship between hospital and doctor, a similar reversal was not warranted in the present case because the defense raised by PSI consisted of a mere general denial of control or responsibility over the actions of Dr. Ampil Second, by accrediting Dr. Ampil and a nd advertising his qualifications, PSI created the public impression that he was its agent. Finally, as owner and operator of Medical M edical City General Hospital, PSI was bound by its duty to provide comprehensive medical services to Natividad Agana, to exercise reasonable care to protect her from harm, to oversee or supervise all persons who practiced medicine within its walls, and to take active steps in fixing any form of negligence committed within its premises. PSI committed a serious breach of its corporate duty when it failed to conduct an immediate investigation into the reported missing gauzes. Issue: Whether a hospital may be held liable for the negligence of physicians-consultants allowed to practice in its premises. Held: After gathering its thoughts on the issues, this Court holds that PSI is liable to the Aganas, not under the principle of respondeat superior for for lack of evidence of an employment relationship with Dr. Ampil but under the principle of ostensible agenc y for the negligence of Dr. Ampil and, pro and, pro hac vice, under the principle of corporate negligence for its failure to perform its duties as a hospital. Moreover, regardless of its relationship with the doctor, the hospital may be
held directly liable to the patient for its own negligence or failure to follow established standard of conduct to which it should conform as a corporation. The decision in this case was not meant to set a precedent. Due to the unique circumstance of Dr. Ampil making it appear as though he was the agent of the hospital, a conduct without which this case would not have arose, PSI was held liable and made to pay 15M in damages.
