Case Digest (G.R. No. 204095)
Facts:
Dr. Jaime T. Cruz v. Felicisimo V. Agas, Jr., G.R. No. 204095, June 15, 2015, Supreme Court Second Division, Mendoza, J., writing for the Court. Petitioner Dr. Jaime T. Cruz sued respondent Dr. Felicisimo V. Agas, Jr. for Serious Physical Injuries through Reckless Imprudence and Medical Malpractice arising from a colonoscopy/ gastroscopy performed at St. Luke’s Medical Center (SLMC) on May 29, 2003.Petitioner alleged that after sedation and the endoscopic examination he suffered dizziness, cold perspiration, breathing difficulty, severe abdominal pain and collapse; an emergency exploratory laparotomy on May 30, 2003 disclosed internal bleeding and a partial tear of the left colon, necessitating resection. Petitioner claimed that Dr. Agas admitted performing the colonoscopy but denied any error; he alleged continuing post-operative morbidity (bleeding per rectum, poor digestion, weakness) and filed a Complaint-Affidavit alleging reckless imprudence and malpractice.
Respondent Dr. Agas answered that petitioner failed to prove negligence, that he had conferred with petitioner and reviewed his history before the procedure, and that the procedures were performed properly with normal vital signs. SLMC personnel (an assistant medical director, the institute director, the anesthesiologist, and a nurse) submitted certifications and affidavits attesting that the intraperitoneal bleeding was promptly recognized and managed and that respondent complied with standard care; the Hospital Ethics Committee issued a certification to the same effect.
At the prosecutorial level, the Office of the City Prosecutor of Quezon City dismissed the complaint on February 16, 2004. Petitioner sought administrative review at the Department of Justice (DOJ), which affirmed dismissal in a March 2, 2007 Resolution and denied reconsideration on September 23, 2009. Petitioner then filed a petition for certiorari with the Court of Appeals (CA), CA-G.R. SP No. 111910; the CA affirmed the DOJ resolutions in its May 22, 2012 Decision (and issued a Resolution on October 18, 2012). The CA held that the prosecutor’s finding of lack of probable cause was not tainted by grave abuse and found petitioner had not established specific negligent acts or overcome respondent’s explanations (includi...(Subscriber-Only)
Issues:
- Did the Court of Appeals err in affirming the DOJ’s determination of lack of probable cause — i.e., should the Court disturb the prosecutor’s finding?
- Was respondent Dr. Agas liable for medical negligence or malpractice on the facts presented?
- Was petitioner denied due process in the preliminary investi...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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