Solidum v. People

Gerald Gercayo, born with an imperforate anus, underwent a pull-through operation at Ospital ng Maynila on May 17, 1995, at age three. Dr. Fernando Solidum was one of the anesthesiologists. During the operation Gerald suffered bradycardia and went into a coma. He regained consciousness after a month but could no longer see, hear or move. On his mother's complaint, an information for reckless imprudence resulting in serious physical injuries was filed against Dr. Solidum alone. It alleged that he failed to monitor and regulate the anesthesia and used "100% halothane". The RTC convicted him and held him jointly and severally liable with Ospital ng Maynila for P500,000 in moral damages and P100,000 in exemplary damages. The CA affirmed, treating the case as one of res ipsa loquitur. At trial, the NBI medico-legal officer corrected his report to say that the record showed 100% oxygen, not 100% halothane. The anesthesiology society's ethics committee found no negligence. Dr. Solidum appealed by petition for review on certiorari.

1. 1Whether the doctrine of res ipsa loquitur applied
2. 2Whether Dr. Solidum was criminally liable for reckless imprudence

The appeal was granted. Res ipsa loquitur, a mode of proof and not substantive law, requires three elements. (1) The accident is of a kind that does not ordinarily occur without negligence. (2) The instrumentality was under the exclusive control of the person charged. (3) The injured person did not contribute to the injury. The second and third were present, but the first was lacking. Hypoxia and bradycardia do not ordinarily occur in such an operation, but that fact alone did not prove that any physician's negligence caused them. The team had suspected a vago-vagal reflex and given atropine. Medical negligence, whether criminal, civil or administrative, requires proof of duty, breach, causation and damages. For a specialist, the standard of care must generally be established by expert testimony. The prosecution presented no anesthesia expert on the standard of care. The ethics committee's report favored Dr. Solidum. The NBI witness admitted the 100% figure referred to oxygen, conceded that other factors in a major operation could cause hypoxia, and reported that "although the anesthesiologist followed the normal routine and precautionary procedures, still hypoxia and its corresponding side effects did occur." This created reasonable doubt. No civil liability was imposed, since "civil liability must not rest on speculation but on competent evidence." The judgment against Ospital ng Maynila was void for grave abuse of discretion: it was never charged or made a party. Subsidiary liability under Article 103 of the Revised Penal Code was also far-fetched because a public charitable hospital is not engaged in industry and Dr. Solidum was a consultant, not an employee. Disposition: the CA decision was reversed and Dr. Solidum acquitted.