PROFESSIONAL SERVICES INC. VS.
AGANA
(G.R. No. 126297, January 31, 2007)
DOCTRINE: REP IPSO LOQUITUR
FACTS
1. 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, diagnosed her to be suffering from "cancer of the
sigmoid." Dr. Ampil performed the surgery and subsequently
obtained the consent of Natividads husband, Enrique Agana, to
permit Dr. Juan Fuentes to perform a hysterectomy thereafter on
her.
2. 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. Natividad was
released, but after a couple of days, Natividad complained of
excruciating pain in her anal region. Dr. Ampil said it was
notmal and then recommended that she consult an oncologist to
examine the cancerous nodes which were not removed during
the operation.
3. Natividad, accompanied by her husband, went to the United
States, was told that she no longer had cancer, and returned to
the Philippines. Still suffering from pains. Two weeks thereafter,
her daughter found a piece of gauze protruding from her vagina.
Upon being informed about it, Dr. Ampil proceeded to her house
where he managed to extract by hand a piece of gauze measuring
1.5 inches in width. He then assured her that the pains would
soon vanish.
4. Dr. Ampils assurance did not come true. Instead, the pains
intensified, prompting Natividad to seek treatment at the
Polymedic General Hospital. While confined there, Dr. Ramon
Gutierrez detected another 1.5 inch piece of gauze inside her
vagina. Another surgical operation was needed to remedy the
damage. Thus, Natividad underwent another surgery. Natividad
and her husband then filed a case against petitioners.
ISSUE
WON Dr. Fuentes may be held liable under the principle of res
ipso loquitor
HELD
NO.
Although Dr. Fuentes was the last to operate on Natividad, Dr.
Ampil as the negligent party. Immediately after the operation,
the nurses who assisted in the surgery noted in their report 2
sponges lacking and 2 gauzes were extracted from the same spot
of the body of Mrs. Agana. Dr. Fuentes performed the surgery
and thereafter reported and showed his work to Dr. Ampil who
allowed Dr. Fuentes to leave the operating room. Under the
"Captain of the Ship" rule, the operating surgeon (Dr.
Ampil) is the person in complete charge of the surgery room
and all personnel connected with the operation. By not,
verifying if the procedure was done right (checking if there were
any medical supplies unaccounted for), Dr. Ampil is guilty of
malpractice because of his negligence, and not Dr. Fuentes