Case Digest (G.R. No. 163753)
Facts:
On January 16, 1995, Spouses Hilario Calapiz, Jr. and Herlita Calapiz brought their eight-year-old son, Hanz Calapiz, to the Misamis Occidental Provincial Hospital in Oroquieta City for an emergency appendectomy performed by Dr. Encarnacion C. Lumantas, M.D. After securing parental consent, Dr. Lumantas also performed a coronal circumcision “at no added cost.” The following day, Hanz complained of penile pain, exhibited blisters, and showed signs of urethral injury after the catheter was removed. Despite the parents’ concerns, the petitioner dismissed these symptoms as normal. On January 30, 1995, Hanz was discharged and placed on antibiotics. On February 8, 1995, Hanz was readmitted with an abscess between the base and shaft of his penis. Urologist Dr. Henry Go diagnosed a damaged urethra, leading to a cystostomy and three subsequent surgeries to reconstruct the urethra. Because full repair proved impossible, Hanz’s parents filed a criminal charge for reckless imprudence result...Case Digest (G.R. No. 163753)
Facts:
- Circumstances Leading to Medical Procedures
- On January 16, 1995, Spouses Hilario Calapiz, Jr. and Herlita Calapiz brought their 8-year-old son, Hanz Calapiz, to Misamis Occidental Provincial Hospital in Oroquieta City for an emergency appendectomy performed by Dr. Encarnacion C. Lumantas.
- At petitioner’s suggestion and with parental consent, a coronal circumcision was performed immediately after the appendectomy “at no added cost.”
- Post-Operative Complications and Further Treatment
- On January 17, 1995, Hanz complained of penile pain with blisters and testicular swelling; abnormal urination followed the forcible removal of the catheter.
- Despite parents’ protests, Hanz was discharged on January 30 with oral antibiotics; on February 8, he was readmitted for an abscess between the penile shaft and base.
- Diagnosis, Surgeries, and Criminal Charge
- Urologist Dr. Henry Go diagnosed a damaged urethra; Hanz underwent cystostomy and three subsequent urethral repair surgeries, some unsuccessful.
- On April 17, 1997, Spouses Calapiz filed a criminal information for reckless imprudence resulting in serious physical injuries; arraignment on May 22, 1998, plea of not guilty; case transferred to RTC on April 30, 1999.
- Trial Proceedings
- Prosecution presented Dr. Rufino Agudera as expert, who confirmed urethral stricture and cavernosal injury from trauma but could not identify the trauma’s cause.
- Petitioner’s defense: claimed pus from burst appendicitis, proper use of “congo instrument” for circumcision, normal postoperative course, and that penile abscess was due to appendiceal rupture.
- Decisions Below
- Regional Trial Court (August 6, 1999): Acquitted petitioner for insufficiency of evidence as to criminal negligence; nonetheless awarded ₱50,000.00 moral damages for preponderant proof of injurious trauma.
- Court of Appeals (February 20, 2003): Affirmed RTC’s civil liability finding despite acquittal; denial of reconsideration on April 28, 2004.
Issues:
- Whether the Court of Appeals erred in affirming civil liability and awarding moral damages against Dr. Lumantas despite his acquittal of reckless imprudence resulting in serious physical injuries.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)