Case Digest (G.R. No. 210445)
Facts:
- Nilo B. Rosit (petitioner) was involved in a motorcycle accident on January 15, 1999, resulting in a fractured jaw.
- An X-ray at Davao Doctors Hospital on January 16, 1999, confirmed the fracture.
- Rosit was referred to Dr. Rolando G. Gestuvo, a specialist, who performed surgery on January 19, 1999.
- Dr. Gestuvo used a metal plate and screws to stabilize the jaw but cut the screws instead of using smaller titanium screws available in Manila, believing Rosit could not afford them.
- Post-surgery, Rosit experienced significant pain and difficulty with jaw movement.
- An X-ray two days after surgery showed the screws were in contact with Rosit's molar.
- Dr. Gestuvo referred Rosit to dentist Dr. Pangan, who determined another operation was necessary.
- Rosit underwent corrective surgery in Cebu on February 19, 1999, where the screws and plate were replaced with smaller titanium ones, and the impacted molar was extracted.
- Rosit sought reimbursement of P140,000 for corrective surgery expenses and P50,000 for future expenses from Dr. Gestuvo, who refused to pay.
- Rosit filed a civil suit for damages and attorney's fees against Dr. Gestuvo and Davao Doctors Hospital, leading to Civil Case No. 27,354-99 in the RTC of Davao City.
- The RTC found Dr. Gestuvo negligent and awarded damages to Rosit, while absolving DDH of liability.
- Both parties appealed to the Court of Appeals, which reversed the RTC's decision, prompting the current petition.
Issue:
- (Unlock)
Ruling:
- The Supreme Court granted the petition, reversing the Court of Appeals' decision and reinstating the RTC's ruling that found Dr. Gestu...(Unlock)
Ratio:
- The Supreme Court outlined the elements of medical negligence: duty, breach, injury, and proximate causation.
- Expert testimony is typically required to establish the standard of care, but the doctrine of res ipsa loquitur applied here, allowing negligence to be inferred from the circumstances.
- The Court found that:
- The injury was of a kind that does not ordinarily occur without negligence.
- The screws causing the injury were under Dr. Gestuvo's exclusive control.
- The injury was not due to any voluntary action by Rosit.
- Dr. Gestuvo's failure to inform Rosit about the availability of smaller titanium screws c...continue reading
Case Digest (G.R. No. 210445)
Facts:
The case involves Nilo B. Rosit as the petitioner and Davao Doctors Hospital (DDH) and Dr. Rolando G. Gestuvo as the respondents. The events leading to the case began on January 15, 1999, when Rosit was involved in a motorcycle accident that resulted in a fractured jaw. Following the accident, an X-ray taken at Davao Doctors Hospital on January 16, 1999, confirmed the fracture. Rosit was subsequently referred to Dr. Gestuvo, a specialist in mandibular injuries, who performed surgery on January 19, 1999. During the operation, Dr. Gestuvo utilized a metal plate and screws to stabilize Rosit's jaw. However, he cut the screws to make them smaller instead of using smaller titanium screws that were available in Manila, believing that Rosit could not afford them.
Post-surgery, Rosit experienced significant pain and difficulty in opening and closing his mouth. An X-ray taken two days after the operation indicated that while the fracture was aligned, the screws were in contact with Rosit's molar. Dr. Gestuvo referred Rosit to a dentist, Dr. Pangan, who determined that another operation was necessary to correct the issues caused by the initial surgery. Rosit underwent this corrective surgery in Cebu on February 19, 1999, where Dr. Pangan replaced the screws and plate with smaller titanium ones and extracted the molar that had been impacted by the screw.
Upon returning to Davao, Rosit sought reimbursement from Dr. Gestuvo for the expenses incurred during the corrective surgery, totaling P140,000, along with an additional P50,000 for future expenses related to the removal of the new screws. Dr. Gestuvo refused to pay, promp...