Case Digest (G.R. No. 167366)
Facts:
In Dr. Pedro Dennis Cereno, and Dr. Santos Zafe v. Court of Appeals, Spouses Diogenes S. Olavere and Fe R. Serrano, G.R. No. 167366, September 26, 2012, the Supreme Court Second Division, Perez, J., writing for the Court, resolved a Rule 45 petition for review on certiorari from a judgment of the Court of Appeals.On the night of 16–17 September 1995, Raymond S. Olavere was brought to the emergency room of the Bicol Regional Medical Center (BRMC) with stab wounds. He was initially attended by Nurse Arlene Balares and resident physician Dr. Ruel Levy Realuyo, who recommended emergency exploratory laparotomy and requested 500 cc of type O blood. Raymond’s parents, Diogenes Olavere and Fe Serrano, procured the blood. At around 10:30 P.M. two surgeons—Dr. Santos Zafe and Dr. Pedro Dennis Cereno—were still operating on another emergency (a gunshot victim). The senior anesthesiologist on duty, Dr. Rosalina Tatad, was called to assist a separate obstetric emergency, leaving no anesthesiologist immediately available for Raymond. The surgeons examined Raymond and found blood pressure apparently normal and, per Dr. Cereno’s interpretation of x‑ray, only minimal pleural fluid (about 200–300 cc).
The surgeons deferred operating until Dr. Tatad finished; they began operating at about 12:15 A.M. of 17 September 1995 and upon opening the thorax found approximately 3,200 cc of blood and a puncture at the inferior pole of the left lung. Blood transfusion was not begun immediately, the surgeons explaining they had to control bleeders first; transfusion commenced at 1:40 A.M. Raymond went into cardiac arrest at 1:45 A.M., the operation ended at 1:50 A.M., and he was pronounced dead at 2:30 A.M.; the death certificate listed hypovolemic shock due to massive blood loss as immediate cause.
On 25 October 1995 Raymond’s parents sued Nurse Balares, Dr. Realuyo, and surgeons Drs. Zafe and Cereno for damages before the Regional Trial Court (RTC), Branch 22, Naga City. After trial (testimony from parties, hospital personnel, and Dr. Tatad), the RTC rendered judgment on 15 October 1999: it dismissed claims against Dr. Realuyo and Nurse Balares but held Drs. Zafe and Cereno jointly and severally liable for P50,000 (death), P150,000 (moral damages), P100,000 (exemplary damages), P30,000 (attorney’s fees), and costs, reasoning that the surgeons were negligent in delaying surgery, failing to call a standby anesthesiologist, and delaying blood transfusion.
The Court of Appeals in CA‑G.R. CV No. 65800 affirmed the RTC in toto in a decision dated 21 February 2005 (pened by Associate Justice Arcangelita M. Romilla‑Lontok, with Justices Cosico and Pine concurring). The surgeons file...(Subscriber-Only)
Issues:
- Did the Court of Appeals err in affirming the RTC’s finding that petitioners Drs. Cereno and Zafe were guilty of gross negligence in the treatment and surgery of Raymond Olavere?
- Was the Bicol Regional Medical Center (BRMC) an indispensable party whose absence invalidated the action against petitioners or rendered the hospital subsidiarily liable?
- Were the awards of moral and exemplary damages and attorneys’ fees exces...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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