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Teresitas
hyperglycemia
and
without
adequately
preparing her for the procedure, was contrary to the
standards observed by the medical profession. Deviation
from this standard amounted to a breach of duty which
resulted in the patients death. Due to this negligent
conduct, liability must attach to the petitioner spouses.
Issue: Did the petitioners failed to prove by preponderance of evidence their claim for damages against Dr. Tuano?
Court Ruling:
Only questions of law may be raised under Rule 45 of the Rules of Court as this court is not a trier of facts.
The said issue constitutes a question of fact, as the Supreme Court is asked to revisit anew the factual findings of the RTC and the
CA. While this general rule admits of certain exceptions, such as the circumstance when the finding of fact of the Court of Appeals is
premised on the supposed absence of evidence, but is contradicted by the evidence on record.
The fact of want of competence or diligence is evidentiary in nature, the veracity of which can best be passed upon after a
full-blown trial for it is virtually impossible to ascertain the merits of a medical negligence case without extensive
investigation, research, evaluation and consultation with the medical experts.
Petitioner's position in sum is that Peter's glaucoma is the direct result of Dr. Tuano's negligence in his improper administration of
the drug Maxitrol. Clearly, the present controversy is a classic illustration of a medical negligence case against a physician based on
the latter's professional negligence. In this type of suit, the patient or his heirs, in order to prevail, is required to prove by is required
to prove by preponderance of evidence that the physician failed to exercise that degree of skill, care and learning possessed by
other persons in the same profession; and that as a proximate result of such faiure, the patient or his heirs suffered damages.
For lack of a specific law geared towards the type of negligence committed by members of the medical profession, such claim for
damages is almost always anchored on the alleged violation of Article 2176 of the Civil Code which states that "whoever by act or
omission, causes damage to another, there being no fault or negligence, is obliged to pay for the damage done. Such fault or
negligence, is there is no pre-existing contractual relation between the parties is called quasi-delict.
In medical negligence cases, the four essential elements are the following: 1. duty 2. breach 3. injury 4. proximate cause, which
must be established by the plaintiffs.
In order that there may be a recovery for an injury, it must be shown that the injury for which the recovery is sought must be the
legitimate consequence of the wrong done, the connection between the negligence and the injury must be a direct and natural
sequence of events, unbroken by intervening efficient causes.
Criminal Law- Proximate cause: It is the cause, which is the natural and continuous sequence, unbroken by any efficient
intervening cause, produces the injury, and without which the result would not have occurred. That is, the negligence
must be the proximate cause of the injury.
Just as with the elements of duty and breach of the same, in order to establish the proximate cause by preponderance of evidence,
the patient must similarly use expert testimony, because the question of whether the alleged professional negligence caused the
patient's injury is generally one for specialized expert knowledge beyond the ken of the average layperson; using the specialized
knowledge and training of his field, the expert's role is to present to the court a realistic assessment of the likelihood that the
physician's alleged negligence caused the patient's injury.
In this case, Dr. Tuano was able to clearly explain what is only required of ophthalmologists, in cases such as Peter's is the conduct
of standard tests/ procedures known as "ocular routine examination" composed of five (5) test procedures, specifically: gross
examination of the eyes and the surrounding area, taking of the visual acuity of the patient, checking the intraocular pressure of the
patient, checking the motility of the eyes--and he did all those tests every time Peter went to see him for follow-up consultation
and/or check-up.
Even if we are to assume that Dr. Tuano committed negligent acts in his treatment of Peter's condition, the causal connection
between Dr. Tuano's supposed negligence and Peter's injury still needed to be established. 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
plaintiff's injuries.
Civil procedure, burden of proof: In civil cases, the party having the burden of proof must establish his case by a
preponderance of evidence, or evidence which is more convincing to the court as worthy of belief than that which is
offered in opposition thereto. The party having the burden of proof must establish his case by a preponderance of evidence or
"evidence which is of greater weight or more convincing that that which is offered in opposition to it; in the last analysis, it means the
probability of truth.
It seems basic that what constitutes proper medical treatment is a medical question that should have been presented to experts. If
no standard is established through expert medical witnesses, then courts have no standard by which to gauge the basic issue of
breach by the physician or surgeon. The RTC, Court of Appeals and even the Supreme Court; could not be expected to determine
on its own what medical technique should have been utilized for a certain disease or injury. Absent expert medical opinion, the
courts would be dangerously engaging in speculations.
Dr. Rubi Li, Petitioner, vs. Spouses Reynaldo and Lina Soliman, as parents/heirs of deceased Angelica Soliman, Respondents.
G.R. No. 165279
June 7, 2011