Cabugao vs. People, G.R. No. 163879 (2014)
Cabugao vs. People, G.R. No. 163879 (2014)
Cabugao vs. People, G.R. No. 163879 (2014)
163879 (2014)
Facts:
Rodolfo Palma Jr. complained of abdominal pains to his mother and he was brought to Dr. Antonio Cabugao’s clinic who referred
them to Dr. Clenio Ynzon, a surgeon, upon results of initial tests showed that there is an initial impression of appendicitis. Dr. Ynzon,
placed Rodolfo on observation for 24 hrs and after prescribing medicine left and let 2 residents in training monitor Rodolfo.
The next morning, Rodolfo complained of abdominal pain and had watery bowels that persisted. To remedy the situation, Dr. Ynzon,
via phone call merely ordered to administer more medicine. The next day, Rodolfo was declared dead by Dr. Cabugao.
Issue:
Whether Cabugao is guilty of reckless imprudence?
Ruling:
No, the referral of Rodolfo to Dr. Ynzon is actually an exercise of precaution as he knew that appendicitis is not within his scope of
expertise. This showed that he employed the best of his knowledge and skill in attending to Rodolfo. The calculated assessment of
Dr. Cabugao to refer Rodolfo to a surgeon who has sufficient training and experience belies the finding that he displayed
inexcusable lack of precaution in handling his patient.