Title
Casumpang vs. Cortejo
Case
G.R. No. 171127
Decision Date
Mar 11, 2015
A child’s death from dengue fever led to a medical negligence case against doctors and a hospital, with the Supreme Court holding the pediatrician and hospital liable while absolving another doctor due to lack of negligence.
A

Case Digest (G.R. No. 102706)

Facts:

On April 22–24, 1988, the eleven‑year‑old Edmer Cortejo was admitted to San Juan de Dios Hospital and attended by Dr. Noel Casumpang and resident Dr. Ruby Sanga‑Miranda for respiratory symptoms later found to be *Dengue Hemorrhagic Fever Stage IV*; Edmer died on April 24, 1988. The Regional Trial Court, Makati City awarded the respondent Nelson Cortejo damages; the Court of Appeals affirmed on October 29, 2004 and denied reconsideration on January 12, 2006.

Issues:

  • Did Dr. Noel Casumpang and Dr. Ruby Sanga‑Miranda commit *inexcusable lack of precaution* in diagnosing and treating Edmer?
  • Is San Juan de Dios Hospital solidarity liable with the petitioning doctors?
  • Was there a causal connection between the petitioners’ acts/omissions and Edmer’s death?
  • Did the lower courts err in admitting Dr. Rodolfo Jaudian as an expert witness?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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