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practice medicine within its walls but also failed to take an active step in fixing the negligence committed, the Court stressed. The Court however said that the CA did not err in absolving Dr. Fuentes who assisted Dr. Ampil in the operation. It stressed that Dr. Ampil was the lead surgeon during Natividads operation and that Dr. Ampil had examined Dr. Fuentes work and finding it to be in order allowed him to leave the operating room. In 1984, Natividad underwent surgery for cancer of the sigmoid. The sigmoid colon joins the rectum, which in turn joins the anus, or the opening where waste matter, or stool, passes out of the body. Dr. Ampil, who performed the surgery, found that the cancer had spread to her left ovary, necessitating the removal of certain portions of it through a hysterectomy by Dr. Fuentes. After Dr. Fuentes performed the surgery, Dr. Ampil completed operation and closed the incision. Operation records showed that the attending nurses entered among remarks, sponge count lacking 2, and announced to surgeon searched (sic) done but to no avail continue for closure. After her subsequent discharge from the hospital, Natividad complained of pains but were told by Dr. Ampil and Dr. Fuentes that the pain was the natural consequence of the surgery. She later sought further treatment in the United States and was told she was free of cancer. In August 1984, Natividad went back to Philippines. Later, her daughter found a piece of gauze protruding from her reproductive organ. Dr. Ampil subsequently extracted by hand a piece of gauze and assured Natividad that the pain would vanish. When the pain intensified, Natividad sought treatment at Polymedic General Hospital where a doctor found another foul smelling gauze which badly infected her vaginal vault. She underwent another surgery and subsequently filed a complaint for damages with the RTC. On March 17, 1993, the RTC ruled in Natividads favor finding PSI, Dr. Ampil, and Dr. Fuentes liable for negligence and malpractice. On appeal, the CA dismissed the case against Fuentes and held both PSI and Dr. Ampil liable for medical negligence. Dr. Ampil elevated the case to the High Court when the CA denied his motion for reconsideration. Concurring were Division Chair Chief Justice Reynato S. Puno and members Renato C. Corona and Adolfo S. Azcuna. Justice Cancio C. Garcia did not take part in the deliberations. (Professional Services, Inc v. Agana and Agana, GR No. 126297; Agana, et al. v. Fuentes, GR No. 126467; Ampil v. Agana and Agana; GR No. 127590; January 31, 2007)
Pasted from <http://sc.judiciary.gov.ph/news/courtnews%20flash/2007/02/02060702.php>