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Concepcion Ilao-Oreta v.

Spouses Eva Marie & Benedicto Noel Ronquillo By: Von Ryan Adrias G02 Torts
GR No. 172406 October 11, 2007 J. Carpio Morales Topic: MEDICAL MALPRACTICE
FACTS
Spouses Eva and Noel visited Dr. Oreta, an obstetrician-gynecologist, who was the Chief of the Reproductive
Endocrinology and Infertility Section of the St. Lukes Medical Center to consult regarding Evas infertility.

Upon Dr. Oretas advice, Eva agreed to undergo a laparoscopic procedure to determine the real cause of infertility. They
scheduled the procedure on April 5, 1999. At 7 am of that date, Eva underwent pre-operative procedures (administration of
intravenous fluid and enema). Dr. Oreta, however, failed to arrive at the scheduled time. It turned out that she was on a return flight
from Hawaii and arrived at 10 in the evening. Allegedly, Dr. Oreta did not give any prior notice of cancellation of procedure.

On May 18, 1999, Sps. Ronquillo filed a complaint against Dr. Oreta and St. Lukes for breach of professional and service
contract and for damages before RTC Batangas. In defense, Dr. Oreta argued that she was supposed to leave Hawaii on April 4,
1999 at 3pm and that her trip to Manila would take 12 hours and that despite her late rrival on April 5, she estimated her time arrival
is in good faith. St. Lukes argued that the Spouses have no cause of action against it since it performed pre-operative procedures
without delay.

On March 9, 2001, RTC ruled that Dr. Oretas falure to arrive on time was unintentional. It only awarded actual damages to
the Spouses. On April 26, 2006, on appeal, CA ruled that Dr. Oreta grossly negligent.
ISSUE
Whether or not Dr. Oreta has acted with gross negligence NO.
HELD
"Gross negligence" implies a want or absence of or failure to exercise slight care or diligence, or the entire absence of care.
It evinces a thoughtless disregard of consequences without exerting any effort to avoid them.14 It is characterized by want of even
slight care, acting or omitting to act in a situation where there is a duty to act, not inadvertently but willfully and intentionally with a
conscious indifference to consequences in so far as other persons may be affected.

The Court found Dr. Oreta who was then abroad, negligent when she scheduled to perform the operation at 2 pm on April 5
without considering the time difference between Philippines and Hawaii.

Her act, however, did not reflect gross negligence, did not reflect gross negligence. The situation then did not present any
clear and apparent harm or injury that even a careless person may perceive. Dr. Oreta could not have been conscious of any
foreseeable danger that may occur since she actually believed that she would make it in time.

As shown in the records, Dr. Oreta realizing that she missed the procedure, she immediately sought to rectify the same upon
arrival in Manila. She called the hospital, asked for Eva but was told that the spouses already left. The next day she tried to contact
the spouses and was able to reach Noel whom she asked for an apology.

The doctors negligence not being gross, Spouses Ronquillo are not entitled to recover moral damages. Neither are they
entitled for exemplary damages since there is no showing that the doctor acted in a wanton, fraudulent, reckless, oppressive or
malevolent manner nor to the award of attorneys fees since the spouses did not exert enough efforts to settle the matter before going
to court.

Also, the prayer of Dr. Oreta for reduction of actual damages is well-taken. The various claims for such damages should be
received with extreme caution since it is only based on assertions without concrete support.
NOTES
The documented claim for hospital and medical expenses of the spouses is detailed in the Statement of Account issued by the hospital, the pertinent entries of which read:

GROSS HOSPITAL CHARGES 2,416.50

4/5/1999 1699460 DEPOSITOFFICIAL

RECEIPT (5,000.00)

(5,000.00)

4/5/1999 SECOND 0284893 UNUSED MED 0439534 (65.55)


FLOOR HINOX 500 MG CAP

SECOND 0284894 UNUSED MED 0439893 (62.25)


FLOOR PHENERGAN 2 ML

50MG ________ (127.80)

BALANCE DUE (2,711.30)


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