Case Digest (G.R. No. 86890)
Facts:
In Leandro Carillo v. People of the Philippines, petitioner Dr. Leandro Carillo, an anesthesiologist, and co-accused Dr. Emilio Madrid, a surgeon, were charged with simple negligence resulting in homicide following the death of thirteen-year-old Catherine Acosta. On May 31, 1981 at Baclaran General Hospital in Parañaque, Catherine, diagnosed with appendicitis by Dr. Madrid, underwent an appendectomy without prior ECG or weighing to determine accurate anesthetic dosage. Dr. Carillo administered Nubain, an experimental analgesic, without calculating her body mass, and both doctors failed to closely monitor her post-operative vital signs. The patient emerged from surgery shivering, pale, and with an irregular heartbeat; the doctors briefly revived her and then left the hospital. Within 15–30 minutes Catherine suffered convulsions, was examined by Dra. Elva Peña and a cardiologist, but remained comatose until her death three days later. At trial before the Regional Trial Court, Drs.Case Digest (G.R. No. 86890)
Facts:
- Background and initial diagnosis
- On May 31, 1981, 13-year-old Catherine Acosta complained of lower abdominal pain and was examined by Dr. Elva Peña and, upon referral, by surgeon Dr. Emilio Madrid, who suspected appendicitis.
- Catherine was admitted to Baclaran General Hospital at around 3:00 PM and scheduled for appendectomy at 5:00 PM. No pre-operative ECG, X-ray or weighing to determine safe dosage of anesthetic drug (Nubain) was performed.
- Surgical procedure and post-operative events
- Operation commenced at 5:45 PM with Dr. Madrid as surgeon and petitioner Dr. Leandro Carillo as anesthetist. After completion at 7:00 PM, Catherine showed shivering, pallor, irregular heartbeat and respiratory difficulty; oxygen was administered and heartbeat “revived,” then both doctors left within minutes.
- At about 7:15–7:30 PM, Catherine developed convulsions and stiffening. Family physician Dr. Peña and a cardiologist were summoned. Dr. Carillo arrived only at 10:30 PM, criticized multiple dextrose bottles (“Christmas tree”), removed one, and assured parents he would resign if the child did not regain consciousness. Catherine remained comatose until her death three days later.
Issues:
- Whether the Court of Appeals “misapprehended” facts so as to warrant this Court’s re-examination of factual findings in a certiorari petition.
- Whether the factual findings of the Court of Appeals sufficiently support the conviction of Dr. Carillo for simple negligence resulting in homicide.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)