Case Digest (G.R. No. 167366)
Facts:
On the night of September 16, 1995, Raymond S. Olavere, a stabbing victim, was rushed to the Bicol Regional Medical Center (BRMC) in Naga City and treated initially by Nurse Arlene Balares and Dr. Ruel Levy Realuyo. His parents, spouses Diogenes Olavere and Fe Serrano, procured 500 cc of Type A-positive blood from the Philippine National Red Cross at the physicians’ request. Meanwhile, surgeons Dr. Pedro Dennis Cereno and Dr. Santos Zafe were completing an emergency operation on a gunshot victim, assisted by senior anesthesiologist Dr. Rosalina Tatad. When another obstetric emergency arose, Dr. Tatad left to attend to it, leaving no anesthesiologist for Raymond. Drs. Zafe and Cereno examined Raymond, noted stable vital signs and minimal fluid in his thoracic cavity, and decided to defer his exploratory laparotomy until an anesthesiologist became available. At 12:15 A.M. on September 17, they opened Raymond’s chest and evacuated 3,200 cc of blood from a lung puncture. Blood transCase Digest (G.R. No. 167366)
Facts:
- Emergency Admission and Initial Assessment
- On the evening of 16 September 1995 (around 9:15 PM), Raymond S. Olavere, a stabbing victim, was brought to the Bicol Regional Medical Center (BRMC) emergency room. He was attended by Nurse Arlene Balares and Dr. Ruel Levy Realuyo, the resident emergency physician.
- Dr. Realuyo recommended an exploratory laparotomy and requested 500 cc of type “A” blood for the operation. Raymond’s parents and uncle procured the blood from the Philippine National Red Cross.
- Concurrent Surgeries and Delay in Operative Care
- At about 10:30 PM, surgeons Drs. Santos Zafe and Pedro Dennis Cereno were operating on another patient (gunshot victim Charles Maluluy-on) with Dr. Rosalina Tatad as senior anesthesiologist. When another obstetric emergency arrived, Dr. Tatad left to assist, leaving no anesthesiologist available for Raymond.
- Petitioners examined Raymond, found his blood pressure normal and minimal thoracic fluid (200–300 cc). They deferred surgery pending anesthesiologist availability. The operation on Raymond commenced only at approximately 12:15 AM of 17 September 1995, by which time 3,200 cc of blood had accumulated. Blood transfusion was delayed until 1:40 AM due to the need to control bleeding. At 1:45 AM Raymond suffered cardiac arrest and was pronounced dead at 2:30 AM; cause of death was hypovolemic shock.
- Procedural History
- On 25 October 1995, Raymond’s parents filed a complaint for damages against Nurse Balares, Dr. Realuyo, Dr. Cereno and Dr. Zafe.
- On 15 October 1999, the Regional Trial Court (RTC), Branch 22, Naga City, dismissed the case against Nurse Balares and Dr. Realuyo but found Drs. Cereno and Zafe negligent for delaying surgery and transfusion, awarding damages (death indemnity, moral and exemplary damages, attorney’s fees and costs).
- On 21 February 2005, the Court of Appeals (CA) affirmed the RTC decision. Petitioners filed a Rule 45 petition for review on certiorari before the Supreme Court.
Issues:
- Whether petitioners Drs. Cereno and Zafe were grossly negligent in performing their duties.
- Whether BRMC is an indispensable party subsidiarily liable for damages.
- Whether the awards of moral and exemplary damages and attorney’s fees are excessive or exorbitant.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)