Case Digest (G.R. No. 212426)
Facts:
In Jude Carlo M. Allarey, et al. v. Dr. Ma. Ditas F. Dela Cruz and Manila East Medical Center, Inc. (G.R. No. 250919, November 10, 2021), petitioners Jude Carlo M. Allarey, Hero B. Allarey, Jude Carlo B. Allarey, Jr. (by their natural guardian Jude Carlo M. Allarey), minor Karen Valerie B. Salazar (guardian ad litem), and spouses Rufo C. Baco, Jr. and Rosalie C. Baco sued Dr. Ma. Ditas F. Dela Cruz and Manila East Medical Center, Inc. (MEMCI) for damages based on quasi-delict. Jude was the common-law partner of the late Marissa Baco, who died on August 29, 2006 after premature delivery of Julia Carla Allarey, who herself passed away on August 30, 2006. Marissa, a high-risk fourth-gravida with a prior cesarean section, experienced vaginal bleeding and preterm labor on August 28, 2006. Dr. Dela Cruz admitted her to MEMCI, ordered tocolysis with D-5 LRS and Isoxilan, and monitored her in the OR/DR overnight. The next day, after intermittent minimal bleeding, Marissa suffered profusCase Digest (G.R. No. 212426)
Facts:
- Parties and Antecedents
- Petitioners: Jude Carlo M. Allarey (common-law partner of the late Marissa Baco), their common-law children Hero B. Allarey and Jude Carlo B. Allarey, Jr.; minor Karen Valerie B. Salazar (ad litem); and Marissa’s parents Rufo C. Baco, Jr. and Rosalie C. Baco. Marissa died after a preterm birth; her newborn Julia Carla Allarey also died.
- Respondents: Dr. Ma. Ditas F. Dela Cruz (consultant obstetrician) and Manila East Medical Center, Inc. (MEMCI, hospital).
- Medical History and Hospitalization
- Prenatal care: Dr. Dela Cruz performed a C-section in August 2005 and subsequent check-ups on March 18, April 22, June 10, July 18, and August 3, 2006; estimated delivery November 4, 2006.
- Admission for bleeding (August 28–29, 2006): At 30–31 weeks gestation, Marissa experienced vaginal bleeding and preterm labor signs. Under Dr. Dela Cruz’s advice she was admitted to MEMCI’s OR/DR, given tocolysis and D-5LRS sourced externally, monitored overnight, then transferred to Room 511. Renewed bleeding on August 29 led to repeated OR/DR admissions, consent signing, blood unit procurement delays (type AB scarce), emergency cesarean at 3:10 p.m., placental accreta discovery, hysterectomy, and Marissa’s death at about 5:45 p.m.
- Neonatal care and death: On August 30, 2006, a ventilator was requested and delivered late; Julia Carla succumbed at 2:30 p.m.
- Procedural History
- RTC Decision (July 8, 2017): Complaint dismissed for lack of expert proof of negligence; found standard care observed; reliance on respondent’s expert and medical records.
- CA Decision (May 30, 2019) and Resolution (Nov 13, 2019): Appeal denied; petitioners’ informal sources inadmissible, no expert to impeach standard practice, no causal link, res ipsa loquitur inapplicable.
- SC Petition for Review on Certiorari under Rule 45: Questions of law raised on res ipsa loquitur and negligence.
Issues:
- Is the doctrine of res ipsa loquitur applicable?
- Were respondents negligent in managing and treating Marissa’s condition, causing her and Julia Carla’s deaths and entitling heirs to damages?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)