Case Digest (G.R. No. 204095)
Facts:
The case involves Dr. Jaime T. Cruz, the petitioner, and Dr. Felicisimo V. Agas, Jr., the respondent. In May 2003, Dr. Cruz underwent several medical tests at St. Luke's Medical Center (SLMC), including stool, urine, blood, and other body fluid tests. On May 29, 2003, he was scheduled for gastroscopy and colonoscopy. Dr. Cruz claimed that the specialist assigned to perform the procedure was absent, so he handed over the colonoscopy results to the attending anesthesiologist. During the procedure, Dr. Cruz was sedated and subsequently experienced dizziness, cold clammy perspiration, difficulty breathing, and severe abdominal pain. He collapsed while attempting to urinate. His cardiologist referred him to the surgical department that suspected abdominal hemorrhage and advised emergency surgery. Upon waking from surgery, it was revealed that a 6-8 inch portion of his left colon was removed due to partial tearing causing internal bleeding. Dr. Cruz asserted that despite pain man
Case Digest (G.R. No. 204095)
Facts:
- Background of the Case
- Petitioner Dr. Jaime T. Cruz underwent medical check-up and procedures at St. Luke’s Medical Center (SLMC) in May 2003, including stool, urine, blood tests, gastroscopy, and colonoscopy.
- On May 29, 2003, the colonoscopy was performed by respondent Dr. Felicisimo V. Agas, Jr., as the assigned specialist was not present, and the procedure was done under sedation.
- After the procedure, Dr. Cruz experienced dizziness, cold clammy perspiration, breathing difficulties, extreme abdominal pain, and ultimately collapsed. He was referred to surgery due to suspected internal hemorrhage and underwent an exploratory laparotomy which revealed a 6-8 inch tear on the left side of his colon.
- Dr. Cruz suffered severe post-operative pain and complications, including difficulty digesting food, fresh blood stools, gastric acidity, and weakness. He claimed he was in good health prior to the procedure.
- Allegations and Claims
- Dr. Cruz filed a Complaint-Affidavit against Dr. Agas for Serious Physical Injuries due to Reckless Imprudence and Medical Malpractice, asserting that Dr. Agas admitted performing the colonoscopy but denied any wrongdoing.
- He alleged negligence that caused injury and suffering, asserting that his critical condition was not properly addressed immediately after the procedure.
- Defense of Dr. Agas
- Dr. Agas denied negligence, asserting that he conducted the procedure with proper care and prudence and that the procedure was successful with stable vital signs observed.
- He explained that the complication was due to pre-existing abnormal condition of Dr. Cruz’s sigmoid colon, specifically marked adhesions and tortuosity not detectable by any diagnostic means prior to surgery.
- Several hospital personnel, including the Assistant Medical Director and anesthesiologist, provided affidavits and certificates affirming proper standard of care and absence of negligence.
- Proceedings and Resolutions
- The Office of the Prosecutor of Quezon City dismissed Dr. Cruz’s complaint on February 16, 2004, for lack of probable cause.
- The Department of Justice (DOJ) affirmed the dismissal in March 2, 2007 and September 23, 2009 Resolutions, also denying Dr. Cruz’s motion for reconsideration.
- Dr. Cruz filed a petition for certiorari with the Court of Appeals (CA) which, on May 22, 2012, affirmed the DOJ resolutions, ruling there was no grave abuse of discretion and that probable cause was lacking.
Issues:
- Whether the Court of Appeals was correct in affirming the DOJ decision that:
- There was no probable cause to file an information against respondent Dr. Agas;
- Respondent was not negligent or guilty of medical malpractice; and
- No denial of due process occurred during the preliminary investigation.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)