Good afternoon, class! I will be reporting on the case of Dr. Casumpang vs.
Cortejo. This case discusses the liability of the two doctors, Dr. Casumpang
and Dr. Miranda, who were found to be negligent in their diagnosis and
treatment of Edmer Cortejo, as well as the San Juan de Dios Hospital (SJDH)
based on the doctrine of apparent authority.
The following are the facts of the case:
On April 22, 1988, 11-year-old Edmer Cortejo was brought to San Juan de
Dios Hospital with breathing difficulties, chest pain, and fever. He was initially
diagnosed with bronchopneumonia by Dr. Livelo and later by Dr. Casumpang,
despite his mother’s concerns that his symptoms did not align with that
diagnosis. Over the next two days, Edmer's condition worsened, and after
further testing, he was found to have Dengue Hemorrhagic Fever. He was
transferred to Makati Medical Center but died on April 24, 1988. His parents
later filed a lawsuit, alleging medical negligence in his son’s care and
diagnosis.
ISSUES:
1. Whether the petitioning doctors are liable; and
2. Whether SJDH is solidarily liable with the petitioning doctors
RULING:
1. Dr. Casumpang was found negligent in his diagnosis of Edmer Cortejo,
failing to act according to proper medical standards. Despite having
access to Edmer's medical history, lab results, and symptoms such as
fever, rashes, rapid breathing, chest pain, and traces of blood in the
sputum, Dr. Casumpang focused solely on bronchopneumonia and
ruled out the possibility of dengue fever or dengue hemorrhagic fever.
His failure to consider all of Edmer’s symptoms and rule out other
potential illnesses like dengue contributed to his breach of duty.
Dr. Miranda, the junior resident physician, was not found independently
negligent, as her role was under the supervision of Dr. Casumpang, the
attending physician, and she acted based on his diagnosis of
bronchopneumonia. While she had significant patient exposure and
diligently cared for Edmer, conducting tests and notifying Dr.
Casumpang when she suspected dengue fever, she initially deferred to
the bronchopneumonia diagnosis made by the attending physicians.
Although she failed to immediately examine the cause of Edmer's
second episode of bleeding, her actions overall did not constitute
negligence.
2. The Supreme Court held SJDH solidarity liable with the doctors, not
based on an employer-employee relationship, but on the doctrine of
apparent authority, as the hospital represented the doctors as its
agents through their accreditation.
A hospital can be held vicariously liable for a physician's negligence if
two factors are proven: the hospital's manifestations and the patient's
reliance. First, the hospital’s actions must reasonably lead the patient
to believe the physician is an employee or agent of the hospital, even
without express representation. Second, the patient must have relied
on the hospital itself for care rather than on a specific physician. In this
case, San Juan de Dios Hospital (SJDH) impliedly gave Dr. Casumpang
apparent authority, leading Edmer Cortejo's parents to believe he was
an employee of the hospital. As they relied on SJDH for their son’s care,
without knowing Dr. Casumpang was an independent contractor, the
hospital cannot deny liability based on estoppel.
