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(009) Psi v Agana - g.r. No. 126297 -
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CIVIL CASE DIGESTS (Article 29)
PROFESSIONAL SERVICES, INC., - versus NATIVIDAD and ENRIQUE AGANA, G.R. No. 126297 January 31, 2007 SANDOVAL-GUTIERREZ, J.: SANDOVAL-GUTIERREZ, J.: NATIVIDAD (Substituted by her children MARCELINO AGANA III, ENRIQUE AGANA, JR., EMMA AGANA ANDAYA, JESUS AGANA, and RAYMUND AGANA) and ENRIQUE AGANA, - versus FACTS: On April 4, 1984, Natividad Agana was rushed to the Medical City General Hospital because of difficulty of bowel movement and bloody anal discharge. After a series of medical examinations, Dr. Miguel Ampil, petitioner in G.R. No. 127590, diagnosed her to be suffering from "cancer of the sigmoid." On April 11, 1984, Dr. Ampil, assisted by the medical staff 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, because in the corresponding Record of Operation dated April 11, 1984, the attending nurses entered the remarks: "sponge count lacking 2” "announced "announced to surgeon search done but to no avail continue for closure." Natividad Agana was discharged on April 24, 1984 and payed hospital bills amounting to 60,000 Php. After a couple of days, Natividad complained of excruciating pain in her anal region. She consulted both Dr. Ampil and Dr. Fuentes about it. They told her that the pain was the natural consequence of the surgery. Dr. Ampil then recommended that she consult an oncologist to examine the cancerous nodes which were not removed during the operation.
Master your semester with Scribd On MayNew 9, 1984, Natividad, by her husband, went to the & The Yorkaccompanied Times United States to seek further treatment. After four months of Specialconsultations offer for students: Only $4.99/month. and laboratory examinations, Natividad was told she
was free of cancer. Hence, she was advised to return to the Philippines.
JUAN FUENTES, G.R. No. 126467 January 31, 2007 SANDOVAL-GUTIERREZ, J.: SANDOVAL-GUTIERREZ, J.: MIGUEL AMPIL, - versus NATIVIDAD AGANA and ENRIQUE AGANA, G.R. No. 127590 January 31, 2007 SANDOVAL-GUTIERREZ, J.: SANDOVAL-GUTIERREZ, J.:
operation was needed to remedy the damage. Thus, in Natividad underwent another surgery.
On November 12, 1984, Natividad and her husband fil RTC, Branch 96, Quezon City a complaint for damages Professional Services, Inc. (PSI), owner of the Medical Dr. Ampil, and Dr. Fuentes . They alleged that the latt negligence for leaving two pieces of gauze inside Nati and malpractice for concealing their acts of negligence
Meanwhile, Enrique Agana also filed with the Profess Commission (PRC) an administrative complaint for gr and malpractice against Dr. Ampil and Dr. Fuentes. Medicine heard the case only with respect to Dr. Fuen failed to acquire jurisdiction over Dr. Ampil who was United States. On February 16, 1986, pending the outc cases, Natividad died and was d uly substituted by he children. On March 17, 1993, the RTC rendere d its Dec the Aganas. Issues:
G.R. No. 126297 – Whether or not of Profess ServicesInc. is solidarily for the negligence o
G.R. No. 126467 – Whether or not Dr. Fuent negligence or medical malpractice, invoking res ipsa loquitur, that the pieces of gauze ar proofs that the operating surgeons have bee
Read Free Foron 30this Days Sign up to vote title
Ampi G.R. No. 127590 – Whether or not Dr. Useful Not useful negligence and malpractice sans evidence th Cancel anytime. pieces of gauze in Natividad’s vagina.
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technically employees , the control exercised, the hiring, and the right to terminate consultants all fulfill the important hallmarks of an employer-employee relationship, with the exception of t he payment of wages. "The principal is bound by the acts of his agent with the apparent authority which he knowingly permits the agent to assume, or which he holds the agent out to the public as possessing. In this case, PSI publicly displays in the lobby of the Medical City Hospital the names and specializations of the physicians associated or accredited by it, including those of Dr. Ampil and Dr. Fuentes. "it is now estopped from passing all the blame to the physicians whose names it proudly paraded in the public directory leading the public to believe that it vouched for their skill and competence." By accrediting Dr. Ampil and Dr. Fuentes and publicly advertising their qualifications, the hospital created the impression that they were its agents, authorized to perform medical or surgical services for its patients. As expected, these patients, Natividad being one of them, accepted the services on the reasonable belief that such were being rendered by the hospital or its employees, agents, or servants. G.R. No. 126467 – NO, 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, would not have happened if those who had control or management used proper care; and (4) the absence of explanation by the defendant. Of the foregoing requisites, the most instrumental is the "control and management of the thing which caused the injury." You're Reading
(009) Psi v Agana - g.r. No. 126297 -
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The removal of all sponges used is part of a operation, and when a physician or surgeon fails to re he has placed in his patient’s body that should be rem the operation, he thereby leaves his operation uncomp a new condition which imposes upon him the legal du new condition to his patient’s attention, and endeavor means he has at hand to minimize and avoid untowar ensue therefrom.
Here, Dr. Ampil did not inform Natividad about the m pieces of gauze. Worse, he even misled her that the pa experiencing was the ordinary consequence of her ope been more candid, Natividad could have taken the im appropriate medical remedy to remove the gauzes fro our mind, what was initially an act of negligence by D ripened into a deliberate wrongful act of deceiving his
This is a clear case of medical malpractice or more app medical negligence. To successfully pursue this kind o must only prove that a health care provider either fail something which a reasonably prudent health care pro have done, or that he did something that a reasonably provider would not have done; and that failure or acti to the patient.
February 2, 2010 RESOLUTION of
PROFESSIONAL SERVICES, INC. vs. NATIVIDAD AGANA, G.R. No. 126297 January 31, 2007
a Preview
NATIVIDAD (Substituted by her children MARCEL We find the element of "control and management of the thing which Unlock full access with a free trial. III, ENRIQUE AGANA, JR., EMMA AGANA ANDA caused the injury" to be wanting. Hence, the doctrine of res ipsa AGANA, and RAYMUND AGANA) and ENRIQUE loquitur will not lie. vs. Trial Download With Free JUAN FUENTES, It was duly established that Dr. Ampil was the lead surgeon during the G.R. No. 126467 January 31, 2007 operation of Natividad. He requested the assistance of Dr. Fuentes And only to perform hysterectomy when Dr. Ampil found that the malignancy in her sigmoid area had spread to her left ovary. Dr. MIGUEL AMPIL, Fuentes performed the surgery and thereafter reported and showed his vs. work to Dr. Ampil. The latter examined it and finding everything to be NATIVIDAD AGANA and ENRIQUE AGANA, Read Free Foron 30this Days Sign up to vote title in order, allowed Dr. Fuentes to leave the operating room. G.R. No. 127590 January 31, 2007
Master your semester with Scribd & The New York Times Ampil resumed operating on Natividad. He was about to SpecialDr. offer forthen students: Only $4.99/month. finish the procedure when the att ending nurses informed him that two
CORONA, J.: Useful Not useful Cancel anytime. FACTS: Professional Services, Inc. (PSI) filed a se reconsideration urging referral thereof to the Court
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with Dr. Ampil but under the principle of ostensible agency for the negligence of Dr. Ampil and, pro hac vice, under the principle of corporate negligence for its failure to perform its duties as a hospital. While in theory a hospital as a juridical entity cannot practice medicine, in reality it utilizes doctors, surgeons and medical practitioners in the conduct of its business of facilitating medical and surgical treatment. **Where an employment relationship exists, the hospital may be held vicariously liable under Article 2176 in relation to Article 2180 of the Civil Code or the principle of respondeat superior. Even when no employment relationship exists but it is shown that the hospital holds out to the patient that the doctor is i ts agent, the hospital may still be vicariously liable under Article 2176 in relation to Article 1431 and Article 1869 of the Civil Code or the principle of apparent authority. 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. **Under the "control test", an employment relationship exists between a physician and a hospital if the hospital controls both the means and the details of the process by which the physician is to accomplish his task. As priorly stated, private respondents maintained specific work-schedules, as determined by petitioner through its medical director, which consisted of 24-hour shifts totaling forty-eight hours each week and which were strictly to be observed under pain of administrative sanctions.
(009) Psi v Agana - g.r. No. 126297 -
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HELD: No. The extinction of the civil action by reason of acquit case refers exclusively to civil liability ex delicto founded on Revised Penal Code. In other words, the civil liabi extinguished upon acquittal of the accused is the civil liabil act as a crime.
The judgment of acquittal extinguishes the liability o damages only when it includes a declaration that the fac civil might arise did not exist. Thus, the civil liability is no acquittal where the acquittal is based on reasonabl preponderance of evidence is required in civil cases; expressly declares that the liability of the accused is not cri in nature.
B. BARREDO V GARCIA BOCOBO; July 8, 1942 FACTS - from CA, holding Fausto Barredo liable for damages for Garcia caused by negligence of Pedro Fontanilla, a taxi d Fausto Barredo - May 3, 1936 – in road between Malabon and Navotas, between taxi of Malate Taxicab and carretela guided by thereby causing overturning of the carretela and the eventu 16-yo boy and one of the passengers - Fontanilla convicted in CFI and affirmed by CA and sepa reserved - Parents of Garcia filed action against Barredo as sole pr Taxicab as employer of Fontanilla - CFI and CA awarded damages bec Fontanilla’s negligen was driving on the wrong side of the road and at a high spee > no proof he exercised diligence of a good father of the fa careless in employing (selection and supervision) Fontan **That petitioner exercised control over respondents gains light from caught several times for violation of Automobile Law a nd s the undisputed fact that in the emergency room, the operating room, CA applied A1903CC that makes inapplicable civil liab or any department or ward for that matter, respondents' work is Reading a>Preview You're crime bec this is under obligations arising from wrongful ac monitored through its nursing supervisors, charge nurses and or omissions punishable by law orderlies. Without the approval or consent of petitioner or its Unlock full access with- aBarredo’s free trial.defense is that his liability rests on RPC medical director, no operations can be undertaken in those areas. For subsidiary and bec no civil action against Fontanilla TF he responsible control test to apply, it is not essential for the employer to actually ISSUE supervise the performance of duties of the employee, it being Download With Free Trial WON parents of Garcia may bring separate civil action enough that it has the right to wield the power. making him primarily liable and directly responsible un employer of Fontanilla HELD 129 SCRA 558, 565-566 (May 31, 1984) YES. A. ROY PADILLA, FILOMENO GALDONES, ISMAEL GONZALGO and JOSE - There are two actions available for parents of Garcia. A100RPC wherein the employer is only subsidiarily liabl FARLEY BEDENIA –versus- COURT OF APPEALS arising from the crime thereby first exhausting Ponente: GUTIERREZ, JR., J. the proper Read Free For 30this Days Sign up tounder vote on title The other action is A1903CC (quasi-delict or culpa as the negligent employer of Fontanilla, Barredo is hel FACTS: Useful Not useful subject to proving that anytime. he exercising diligence of a good fa Cancel The Court of Appeals reversed the trial court's judgment of conviction and The parents simply took the action under the Civil Code as Specialacquitted offer forthestudents: Only $4.99/month. petitioners of the crime of grave coercion on the ground of to get damages from the employer bec he has more mo reasonable doubt but inspite of the acquittal ordered them to pay jointly and Fontanilla who is yet to serve his sentence.
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(009) Psi v Agana - g.r. No. 126297 -
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- The foundation of the legal liability of the defendant carriage, and that the obligation to respond for the damage C. CANGCO V MANILA RAILROAD CO suffered arises from the breach of that contract by reaso 38 Phil 768 defendant to exercise due care in its performance. FISHER; October 14, 1918 - Its liability is direct and immediate, imposed by article NATURE Code, which can be rebutted by proof of the exercise of An appeal from a judgment of the Court of First Instance disallowing the selection and supervision. Article 1903 of the Civil Code i claim of the plaintiff for P1,000 against the estate of the deceased James P. obligations arising ex contractu, but only to extra-contractua McElroy. - In commenting upon article 1093, Manresa clearly points FACTS between "culpa, substantive and independent, which of its - Jose Cangco, was employed by Manila Railroad Company as clerk. He lived source of an obligation between persons not formerly conn in San Mateo, Rizal, located upon the line of the defendant railroad company; tie" and culpa considered as an "accident in the performan and in coming daily by train to the company's office in the city of Manila already existing . . .." where he worked, he used a pass, supplied by the company, which entitled - In the Rakes vs. Atlantic, Gulf and Pacific Co. the court him to ride upon the company's trains free of charge. squarely upon the proposition that article 1903 is not ap - January 20, 1915, the plaintiff was returning home by rail from his daily negligence which constitute the breach of a contract. labors; and as the train drew up to the station in San Mateo the plaintiff while - Under the Spanish law, in cases imposed upon employ making his exit through the door, took his position upon the steps of the damages due to the negligence of their employees to person coach. not bound by contract, such is not based upon the princ - On the side of the train where passengers alight at the San Mateo station superior - but upon the principle announced in article 190 there is a cement platform which begins to rise with a moderate gradient some upon all persons who by their fault or negligence, do inju distance away from the company's office and extends along in front of said obligation of making good the damage caused. office for a distance sufficient to cover the length of several coaches. As the - The liability arising from extra-contractual culpa is alw train slowed down another passenger, Emilio Zuniga, also an employee of the voluntary act or omission which, without willful inte railroad company, got off the same car, alighting safely at the point where the negligence or inattention, has caused damage to anothe platform begins to rise from the level of the ground. When Jose Cangco exercises all possible care in the selection of his ser stepped off, one or both of his feet came in contact with a sack of watermelons consideration the qualifications they should possess for th with the result that his feet slipped from under him and he fell violently on the duties which it is his purpose to confide to them, and direc platform. His body at once rolled from the platform and was drawn under the diligence, thereby performs his duty to third persons to wh moving car, where his right arm was badly crushed and lacerated. After the no contractual ties, and he incurs no liability whatever if plaintiff alighted from the train the car moved forward possibly six meters negligence of his servants, even within the scope of their before it came to a full stop. third persons suffer damage. Article 1903 presumes ne - The accident occurred on a dark night, and the train station was lit dimly by presumption is refutable. a single light located some distance away, objects on the platform where the - In Bahia vs. Litonjua and Leynes, an action is brought upo accident occurred were difficult to discern, especially to a person emerging extra-contractual liability of the defendant to respond for t from a lighted car. by the carelessness of his employee while acting within - The sack of melons on the platform is because it was the customary season You're Reading aemployment PreviewThe Court, after citing the last paragraph of a for harvesting these melons and a large lot had been brought to the station for Civil Code, said: (1) That when an injury is caused by th shipment to the market. This row of sacks was so placed that there was a employee there instantly arises a presumption of Unlock full a freeortrial. space of only about two feet between the sacks of melons and the edge of theaccess withservant negligence on the part of the master or employer either in t platform; and it is clear that the fall of the plaintiff was due to the fact that his servant or employee, or in supervision over him after the foot alighted upon one of these melons at the moment he stepped upon the and (2) that presumption is juris tantum and not juris platform. His statement that he failed to see these objects in theDownload darkness is With Free Trial consequently, may be rebutted. It follows necessarily tha readily to be credited. shows to the satisfaction of the court that in selection and - The plaintiff was drawn from under the car in an unconscious condition, and exercised the care and diligence of a good father of a famil with serious injuries. He was immediately brought to a hospital where an is overcome and he is relieved from liability. examination was made and his arm was amputated. The plaintiff was then - Every legal obligation must of necessity be extra-contrac carried to another hospital where a second operation was performed and the Extra-contractual obligation has its source in the breach or member was again amputated higher up near the shoulder. Expenses reached mutual duties which civilized society imposes upon its m the sum of P790.25 in the form of medical and surgical fees and for other arise from these relations, other than contractual, of ce expenses in connection with the process of his curation. Free Foron 30this Days Sign up to vote title societyRead to others, generally embraced in the concept of statu - August 31, 1915, he instituted this proceeding in the CFI Manilato recover of each member of society constitute the measure of the c damages of the defendant company, founding his action upon the negligence Useful Not useful duties, which the existence of those rights imposes upon al of the servants and employees of the defendant in placing the sacks of melons Cancel anytime. society. The breach of these general duties whether due to thefor platform and inOnly leaving them so placed as to be a menace to the Specialupon offer students: $4.99/month. mere inattention, if productive of injury, gives rise to security of passenger alighting from the company's trains. At the hearing in indemnify the injured party. The fundamental distinction b the CFI, the trial judge, found the facts substantially as above stated, and
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