Digest Author: Bugsy
Cantre v. Go (2007) YES. Ruling on Dr. CANTRE's negligence may be made based on res ipsa
Petitioner: Dr. Milagros L. Cantre
Respondent: SPS. John David Z. Go and Nora S. Go
Ponencia: Quisumbing, J.
DOCTRINE: The doctrine of Res Ipsa Loquitur allows the mere
existence of an injury to justify a presumption of negligence. (See
footnote for meaning of "Captain of the Ship" Doctrine)
FACTS:
1. Dr. CANTRE, an Obstetrician and Gynecologist at Dr. Jesus Delgado
Memorial Hospital, was the attending physician of NORA GO.
2. NORA gave birth to her 4th child. A few hours after, she suffered
profuse bleeding inside her womb due to some parts of the placenta,
which were not completely expelled from her womb after delivery.
Consequently, she experience hypovolemic shock, resulting in a
drop of blood pressure to 40/0.
3. Dr. CANTRE performed various medical procedures to stop the
bleeding. NORA's blood pressure was frequently monitored by a
sphygmomanometer.
4. Dr. CANTRE ordered a droplight to warm NORA and her baby boy.
5. While in the recovery room, DAVID, Nora's husband, noticed a fresh
gaping wound 2 1/2 x 3 1/2 inches in the inner portion of her left arm,
close to the armpit.
6. DAVID requested for an investigation. In response, Dr. Abad, the
medical director of the hospital, asked Dr. CANTRE to explain what
happened. She said the blood pressure cuff caused the injury.
7. DAVID brought NORA to NBI for a physical examination. The
medico-legal officer later testified that NORA's injury appeared to be
a burn and that a droplight when placed near the skin for about 10
minutes could cause such burn.
8. NORA's wound was referred to a plastic surgeon. Unfortunately, the
pain in her left arm remains. Her movements were also restricted.
9. This prompted the sps. Go to file a complaint for damages against
Dr. CANTRE and the hospital.
10. TC ruled in favor of SPS. GO; CA affirmed it with modification. MR
was denied.
ISSUE: WON Dr. CANTRE is liable for the injury suffered by NORA
PROVISION: Art. 2176 and Art. 2217
RULING + RATIO:
loquitur even in the absence of the exhibits presented (such as Nora's
medical record produced by the hospital pursuant to a subpoena duces
tecum)
 Based on the elements of res ipsa loquitur:
o FIRST: The gaping wound of NORA's arm was certainly not
an ordinary occurrence in the act of delivering a baby, far
removed as the arm is from the organs involved in the
process of giving birth.
o SECOND: Whether the droplight or the blood pressure cuff
caused the injury is of no moment. Both instruments are
deemed within the exclusive control of the physician in
charge under the "captain of the ship" doctrine. 1
o THIRD: The gaping wound could only be caused by
something external to NORA and outside her control, as she
was unconscious while in hypovolemic shock. She could not
have contributed to her own injury.
 Assuming arguendo that the wound was caused by the constant
taking of NORA's blood pressure, the medical practice is to deflate
the cuff immediately after each use. Otherwise, the inflated band can
cause injury similar to what could have happened in this case. Thus,
if this was the cause, as Dr. CANTRE's defense, the taking of
NORA's blood pressure must have been done so negligently as to
have inflicted a gaping wound on her arm, for which Dr. CANTRE
cannot escape liability under the "captain of the ship" doctrine.
 Note that Dr. CANTRE was Nora's obstetrician for her past 3
successful deliveries. This is the first time Dr. CANTRE is being held
liable for damages due to negligence in the practice of her
profession. Also, Dr. CANTRE promptly took care of NORA's wound
before infection and other complications set in is indicative of her
good intentions. Dr. CANTRE's elemental concern was saving
NORA's life. Nonetheless, all these could not justify negligence on
Dr. CANTRE's part.
DISPOSITION: Petition DENIED. Decision of the CA is AFFIRMED.
1
This doctrine holds the surgeon in charge of an operation liable for the negligence of his
assistants during the time when those assistants are under the surgeon's control