Reyes v.

Sisters of Mercy Hospital

G.R. No. 130547
October 3, 2000

MENDOZA, J.:

STATEMENT OF THE FACTS:

Jorge Reyes (Jorge) was suffering from recurring fever with chills. After he failed to get
relief from home medication, he decided that he would go to the hospital. His wife, Leah Alesna
Reyes (Leah) brought him to Mercy Community Clinic by his wife. He was then attended by Dr.
Marlyn Rico (Rico) and dutifully inspected his medical history. It was noted that Jorge was
conscious, ambulatory, oriented, coherent, and with respiratory distress.
During such time typhoid fever was prevalent in their locality. Suspecting that Jorge has
this illness, he was then subjected to the Widal Test which was standard to test for Typhoid;The
test resulted in positive. Since the shift of Dr. Rico was already time, Dr. Rico indorsed Jorge to
Dr. Marvie Blanes (Blanes). Dr. Blanes was also attentive to Jorge and performed other tests as
well and also got the result of Jorge being positive for Typhoid. The doctor ordered for a
compatibility test with the antibiotic chloromycetin to be done for Jorge. Nurse Josephine
Pagente (Pagente) administered the tests and resulted in negative reactions and thus
administered the same to Jorge.
Things turn in for the worse where Jorge was experiencing respiratory distress, nausea,
vomiting and convulsions. Emergency measures were taken and the doctor inquired whether
Jorge had any heart problems to which he answered in the negative. A second wave of
convulsions occurred and the emergency measures were not effective. Jorge went into cyanosis
and died in the early hours of the morning.

STATEMENT OF THE CASE:

Leah filed a complaint against Dr. Blanes, Dr. Rico and Nurse Pagente before the RTC of
Cebu City; Leah then amended the complaint since Pagente no longer worked in Mercy
Community Clinic. Leach alleged that her husband did not die from typhoid fever, but instead
the wrongful administration of chloromycetin. Had the doctors exercised due care and diligence,
they would have not administer the antibiotic without conducting more tests. They also charged
the clinic and its directress for not providing adequate facilities in hiring negligent doctors and
nurses. The RTC ruled in favor of the doctors, thus prompting Leah to file an appeal before the
CA. The CA however affirmed the decision of the RTC, hence this petition.

ISSUE:
1.) Whether res ipsa loquitur is applicable in this case
2.) Whether the death of Jorge Reyes was due to or caused by the negligence,
carelessness, imprudence and lack of skill or foresight on the part of the doctors.

RULING:
1.) NO, It is generally restricted to situations in malpractice cases where a layman is
able to say, as a matter of common knowledge and observation, that the
consequences of professional care were not as such as would ordinarily have
followed if due care had been exercised. A distinction must be made between the
failure to secure results, and the occurrence of something more unusual and not
ordinarily found if the service or treatment rendered followed the usual procedure
 of those skilled in that particular practice. It must be conceded that the doctrine
of res ipsa loquitur can have no application in a suit against a physician or a surgeon
which involves the merits of a diagnosis or of a scientific treatment. The physician
or surgeon is not required at his peril to explain why any particular diagnosis was
not correct, or why any particular scientific treatment did not produce the desired
result

2.) No, it was found out by the autopsy by 2 experts on typhoid fever that the doctors
actions were proper and that the Widal Test was one of the standards used by the
medical profession in determining typhoid; the 1:320 results of the test was
sufficient and no additional information could be obtained from a higher ratio.
Furthermore, it was said that the danger with typhoid fever was that it could
develop into a hemorrhage, liver and cerebral implications. Hence it can be said
that Dr. Rico did not depart from the reasonable standard recommended by the
experts as she in fact observed due care required under the circumstances.

As for Dr. Blanes, her administration of 500mg of the antibiotic was within the
proper limits as dictated by the medical community and has is not in any way
contrary to the usual practice. Furthermore the fact that Jorge experience
anaphylactic shock, does not establish the negligence of the Dr. Blanes. The law
cannot require the doctors to predict every possible reaction to all drugs
administered.