Flores Vs Pineda (Torts)

FLORES vs.
PINEDA
GR No. 158996 / Nov 14, 2008 / J. Brion
Nature: Petition for review on certiorari of a decision of the CA
FACTS
Teresita Pineda, 51 and unmarried from Nueva Ecija consulted her townmate, Dr. Fredelicto Flores,
regarding her medical condition.
o She complained of general body weakness, loss of appetite, frequent urination and thirst, and on-
and-off vaginal bleeding.
o Dr. Fredelicto initially interviewed the patient and advised her to return the following week or to
go to the United Doctors Medical Center (UDMC) in Quezon City for a general check-up. He
suspected that Teresita might be suffering from diabetes and told her to continue her medications.
o Teresita did not return the next week as advised. However, when her condition persisted, she
went to further consult Dr. Flores at his UDMC clinic. Upon arrival, she felt weak that she had to
lie down on the couch of the clinic while they waited for the doctor. When Dr. Fredelicto arrived,
he did a routine check-up and ordered Teresita's admission to the hospital directing the staff to
prepare the patient for an "on call" D&C operation to be performed by his wife, Dr. Felicisima
Flores. The hospital staff took her blood and urine samples for the laboratory tests which Dr.
Fredelicto ordered.
That same day, Teresita was taken to the operating room. She met Dr. Felicisima, an obstetrician and
gynecologist, and Dr. Fredelicto. Dr. Felicisima thereafter called up the laboratory for the results of the
tests which at that time, the only the results are the blood sugar, uric acid determination, cholesterol
determination, and complete blood count.
Dr. Felicisima proceeded with the D&C operation with Dr. Fredelicto administering the general
anesthesia. The D&C operation lasted for about 10 to 15 minutes. A day after the operation, Teresita was
subjected to an ultrasound examination as a confirmatory procedure.
The results showed that she had an enlarged uterus and myoma uteri. Dr. Felicisima, however, advised
Teresita that she could spend her recovery period at home but since she still feels weak, she opted for
hospital confinement.
Teresita's complete laboratory examination results came only on that day. Her urinalysis indicated that
the sugar in her urine was very high. She was then placed under the care of Dr. Amado Jorge, an internist.
Teresita's condition had worsened and was rushed to the intensive care unit. Further tests confirmed that
she was suffering from Diabetes Mellitus Type II. Insulin was administered on her but due to
complications induced by diabetes, Teresita died.
Believing that Teresita's death resulted from the negligent handling of her medical needs, her family
instituted an action for damages against Dr. Fredelicto Flores and Dr. Felicisima Flores before the RTC.
RTC ruled in favor of Teresitas family and awarded actual, moral, and exemplary damages, plus
attorneys fees and costs.
The CA affirmed the judgment, but modified the amount of damages awarded and deleted the award for
attorneys fees and costs of suit
ISSUE : Whether or not Petitioners are liable for medical negligence (YES)
DISPOSITIVE :
RATIO
A medical negligence case is a type of claim to redress a wrong committed by a medical professional,
that has caused bodily harm to or the death of a patient. There are four elements involved in a medical
negligence case, namely: duty, breach, injury, and proximate causation. Duty refers to the standard of
behavior which imposes restrictions on ones conduct. The standard in turn refers to the amount of
competence associated with the proper discharge of the profession. A physician is expected to use at
least the same level of care that any other reasonably competent doctor would use under the same
circumstances. Breach of duty occurs when the physician fails to comply with these professional
standards. If injury results to the patient as a result of this breach, the physician is answerable for
negligence.
To successfully pursue a claim, the plaintiff must prove by preponderance of evidence that, one, the
physician either failed to do something which a reasonably prudent health care provider would have done,
or that he did something that a reasonably prudent provider would not have done; and two, the failure or
action caused injury to the patient. Expert testimony is therefore essential since the factual issue of
whether a physician or surgeon has exercised the requisite degree of skill and care in the treatment of
his patient is generally a matter of expert opinion.
The critical and clinching factor in a medical negligence case is proof of the causal connection between
the negligence which the evidence established and the plaintiffs injuries; the plaintiff must plead and
prove not only that he had been injured and defendant has been at fault, but also that the defendants
fault caused the injury. A verdict in a malpractice action cannot be based on speculation or conjecture.
Causation must be proven within a reasonable medical probability based upon competent expert
testimony
Article 2206 of the Civil Code allows the recovery of moral damages in case of death caused by a quasi-
delict and enumerates the spouse, legitimate or illegitimate ascendants or descendants as the persons
entitled thereto.The same article allows the recovery of moral damages in case of death caused by a
quasi-delict and enumerates the spouse, legitimate or illegitimate ascendants or descendants as the
persons entitled thereto. Moral damages are designed to compensate the claimant for the injury suffered,
that is, for the mental anguish, serious anxiety, wounded feelings which the respondents herein must
have surely felt with the unexpected loss of their daughter. We affirm the appellate courts award of
P400,000.00 by way of moral damages to the respondents.
Exemplary Damages.The Supreme Court similarly affirms the grant of exemplary damages. Exemplary
damages are imposed by way of example or correction for the public good. Because of the petitioner
spouses negligence in subjecting Teresita to an operation without first recognizing and addressing her
diabetic condition, the appellate court awarded exemplary damages to the respondents in the amount of
P100,000.00. Public policy requires such imposition to suppress the wanton acts of an offender. We
therefore affirm the CAs award as an example to the medical profession and to stress that the public
good requires stricter measures to avoid the repetition of the type of medical malpractice that happened
in this case.

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