DR. NINEVETCH CRUZ VS. COURT OF APPEALS and LYDIA UMALI

G.R. No. 122445 November 18, 1997

FACTS
Rowena Umali De Ocampo accompanied her mother to Perpetual Help Clinic and General Hospital in Laguna. Lydia Umali, private respondent, was examined by the petitioner. The finding was that Lydia has myoma in her uterus and that she is scheduled for hysterectomy the next day. Rowena noticed the undtidy state of the clinic prompting her to persuade her mother not to proceed with the operation. The petitioner told the patient that she must be operated as scheduled. Rowena and her relatives waited outside the operating room. During the operation, Dr. Ercillo (the anaesthesiologists) went out of the operating room and instructed them to buy tagamet ampules and blood for Lydia. After the operation, they were instructed to buy more blood but unfortunately, the blood type of Lydia is not available anymore from the blood bank thus resorting to blood donation by another person for transfusion. Rowena noticed thereafter that her mother is gasping for breath as a result of the low oxygen supply. Rowena’s husband had to go to another hospital to get oxygen. A few hours later, Lydia went into shock and her BP dropped. Due to her unstable condition, she was transferred to San Pablo District Hospital without the prior consent of neither Rowena nor her relatives. Upon arrival, she was sent to the OR and underwent re-operation by petitioner and Dr. Ercillo because of blood oozing from the abdominal incision. Dr. Angeles, head of Obstetrics and Gynecology Department of the San Pablo Hospital, was summoned but upon arrival, Lydia was already in shock with a blood pressure of 0/0. Lydia was pronounced dead with “shock as immediate cause and “Disseminated Intravascular Coagulation” as the antecedent cause in her death certificate. The MTCC convicted the petitioner with "reckless imprudence and negligence resulting to (sic) homicide"which was affirmed by the RTC and CA.

ISSUE
Whether or not the petitioner is guilty as charged

RULING
The Court holds differently and finds the foregoing circumstances insufficient to sustain a judgment of conviction against the petitioner for the crime of reckless imprudence resulting in homicide. The elements of reckless imprudence are: (1) that the offender does or fails to do an act; (2) that the doing or the failure to do that act is voluntary; (3) that it be without malice; (4) that material damage results from the reckless imprudence; and (5) that there is inexcusable lack of precaution on the part of the offender, taking into consideration his employment or occupation, degree of intelligence, physical condition, and other circumstances regarding persons, time and place. Whether or not a physician has committed an "inexcusable lack of precaution" in the treatment of his patient is to be determined according to the standard of care observed by other members of the profession in good standing under similar circumstances bearing in mind the advanced state of the profession at the time of treatment or the present state of medical science. 

Immediately apparent from a review of the records of this case is the absence of any expert testimony on the matter of the standard of care employed by other physicians of good standing in the conduct of similar operations. The prosecution's expert witnesses from the NBI only testified as to the possible cause of death but did not venture to illuminate the court on the matter of the standard of care that petitioner should have exercised.

Even granting arguendo that the inadequacy of the facilities and untidiness of the clinic; the lack of provisions; the failure to conduct pre-operation tests on the patient; and the subsequent transfer of Lydia to the San Pablo Hospital and the reoperation performed on her by the petitioner do indicate, even without expert testimony, that petitioner was recklessly imprudent in the exercise of her duties as a surgeon, no cogent proof exists that any of these circumstances caused petitioner's death. Thus, the absence of the fourth element of reckless imprudence: that the injury to the person or property was a consequence of the reckless imprudence.

The testimonies of both doctors establish hemorrhage or hemorrhagic shock as the cause of death. However, as likewise testified to by the expert witnesses in open court, hemorrhage or hemorrhagic shock during surgery may be caused by several different factors.

According to both doctors, the possible causes of hemorrhage during an operation are: (1) the failure of the surgeon to tie or suture a cut blood vessel; (2) allowing a cut blood vessel to get out of control; (3) the subsequent loosening of the tie or suture applied to a cut blood vessel; and (4) and a clotting defect known as DIC. It is significant to state at this juncture that the autopsy conducted by Dr. Arizala on the body of Lydia did not reveal any untied or unsutured cut blood vessel nor was there any indication that the tie or suture of a cut blood vessel had become loose thereby causing the hemorrhage. 

On the other hand, the findings of all three doctors do not preclude the probability that DIC caused the hemorrhage and consequently, Lydia's death. DIC which is a clotting defect creates a serious bleeding tendency and when massive DIC occurs as a complication of surgery leaving raw surface, major hemorrhage occurs. And as testified to by defense witness, Dr. Bu C. Castro, hemorrhage due to DIC "cannot be prevented, it will happen to anyone, anytime."

The Court has no recourse but to rely on the expert testimonies rendered by both prosecution and defense witnesses that the cause of Lydia's death was DIC which, as attested to by an expert witness, cannot be attributed to the petitioner's fault or negligence. The probability that Lydia's death was caused by DIC was unrebutted during trial and has engendered in the mind of this Court a reasonable doubt as to the petitioner's guilt.

CONCLUSION
Therefore, the petitioner is acquitted of the crime of reckless imprudence resulting in homicide. Nevertheless, the Court finds the petitioner civilly liable for the death of Lydia Umali, for while a conviction of a crime requires proof beyond reasonable doubt, only a preponderance of evidence is required to establish civil liability. 


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