RAMOS, et al. v.

CA

FACTS:
Erlinda Ramos was feeling discomfort due to pains allegedly caused by
the presence of stones in her gall bladder. Together with her husband,
Rogelio Ramos, the couple sought for medical help. They met Dr. Hozaka,
one of the defendants in this case, who then recommended that Erlinda
should undergo cholecystectomy operation. Rogelio then told Dr. Hozaka to
look for a good anaesthesiologist.

During the operation day, Erlinda was accompanied with her husband and
her sister-in-law, Herminda Cruz. Herminda was the Dean of the college of
nursing at the Capitol Medical Center. The anaesthesiologist during the
operation was Dr. Perfecta Gutierrez. She was tasked to prepare and
administer the anaesthesia to Erlinda.

During the operation, the doctors in the room, including Herminda, noticed
that Erlindas nail beds turned blue, prompting Dr. Hozaka to call another
doctor and check on Erlinda. It was found out that there had been a problem
with regard to the administration of anaesthesia to Erlinda. After the
operation, Erlinda was confined in the ICU and suffered brain damage due
to the anaesthesia. Rogelio filed a case against herein respondents asking
for damages due to the negligence exhibited by the doctors who facilitated
the operation. The RTC ruled in favor of Ramos, however the CA reversed
the said decision.

ISSUE: Whether or not respondent physicians are liable for damages due to
negligence on their part.

HELD:

YES. According to the findings and the evidence presented, brain

damage, which Erlinda sustained, is an injury which does not normally occur
in the process of a gall bladder operation. This kind of situation does not
happen in the absence of negligence of someone in the administration of the
anaesthesia and the use of endotracheal tube. The liability of the respondent
physicians herein is evidenced by their exclusive control over the said
instruments. No one else may be held liable for such gross negligence but
the physicians who conducted the operation.