DIGEST

1. G.R. No. 165279

Dr. Rubi Li, Petitioner, vs. Spouses Reynaldo and Lina Soliman, as parents/heirs of deceased Angelica Soliman, Respondents.June 7, 2011

Legal Issue: How is medical malpractice proven?

Legal Facts:Respondents 11-year old daughter, Angelica Soliman, underwent a biopsy of the mass located in her lower extremity at the St. Lukes Medical Center (SLMC) on July 7, 1993 and results showed that Angelica was suffering from osteosarcoma, osteoblastic type, (highly malignant) cancer of the bone because of that a necessity of amputation was conducted by Dr, Tamayo on Angelicas right leg in order to remove the tumor and to prevent the metastasis that chemotherapy was suggested by Dr. Tamayo, which he referred to petitioner Dr. Rubi Li, a medical oncologist. The respondent was admitted to SLMC on August 18, 1993; however, she died eleven (11) days after the (intravenous) administration of chemotherapy first cycle. Respondents brought their daughters body to the Philippine National Police (PNP) Crime Laboratory at Camp Crame for post-mortem examination after the refusal of the hospital to release the death certificate without full payment of bills. The Medico-Legal Report showed that the cause of death as "Hypovolemic shock secondary to multiple organ hemorrhages and Disseminated Intravascular Coagulation. The respondents filed charges against the SLMC and physicians involve for negligence and failure to observe the essential precautions in to prevent Angelicas untimely death. Petitioner denied the allegation for damages as she observed best known procedures, highest skill and knowledge in the administration of chemotherapy drugs despite all efforts the patient died. The trial court was in favor of the petitioner and ordered to pay their unpaid hospital bill in the amount of P139, 064.43, but the Court of Appeals reversed the decision supporting the respondents pray.

Holding: In this case medical malpractice is proven because the four essential elements of such action are present based upon the doctrine of informed consent.Reasoning:There are four essential elements a plaintiff must prove in a malpractice action based upon the doctrine of informed consent: "(1) the physician had a duty to disclose material risks; (2) he failed to disclose or inadequately disclosed those risks; (3) as a direct and proximate result of the failure to disclose, the patient consented to treatment she otherwise would not have consented to; and (4) plaintiff was injured by the proposed treatment." Informed consent case requires the plaintiff to "point to significant undisclosed information relating to the treatment that would alter her decision to undergo. The physician is not expected to give the patient a short medical education, the disclosure rule only requires of him a reasonable general explanation in nontechnical terms.

Policy Formation:

In all sorts of medical procedures either invasive or not, medical institution must have a certificate of competency in rendering standards of care to delicate medical procedures before initiating a general protocol that would establish a guideline principle in a form of proper disclosure of such procedure and presenting a consent or waiver to their patients so that possible future medico-legal suits will be prevented.

Synthesis:

In Dr. Rubi Li, vs. Spouses Reynaldo and Lina Soliman, as parents/heirs of deceased Angelica Soliman, Respondents, G.R. No. 165279, promulgated on June 7, 2011, the Court ruled that medical malpractice is proved base on lack/impaired informed consent, and reasonable expert testimony subject a breach of duty causing gross injury to its patient.