SUBJECT Art.

1162
CANTRE v. SPS GO (2007)
Short version/ Summary: Mrs. Go was admitted to Dr. Jesus Delgado Memorial Hospital to
give birth to her 4th child. She suffered some BP complications which was subsequently
resolved by Dra. Cantre (Mrs. Gos OBGYN). Dra. Cantre alsoordered a droplight to warm Go
and her baby. Mr. Go noticed a gaping wound 2 by 3 inches in the inner portion of her
left arm, close to the armpit. The nurses said it was a burn. Dra. Cantre said that the blood
pressure cuff cause the injury. Mrs. Go had several plastic surgery done on her arm. But her
arm never healed completely and she always in pain. Spouses Go filed a complaint for
damages against Dra. Cantre.
SC: Based on res ipsa loquitur, the presumption that Dra. Cantre was negligent in the
exercise of her profession stands unrebutted. Under the law (SC cited Art. 2176 and Art.
2217), Dra. Cantre is obliged to pay Mrs. Go for moral damages suffered as a proximate
result of her negligence.

Facts:
Mrs. Go was admitted to Dr. Jesus Delgado Memorial Hospital to give birth to her 4 th child.
She suffered profuse bleeding inside her womb 2 hours after delivery, she went into shock,
and consequently her BP dropped to 40 over 0. Dra. Cantre (Mrs. Gos OBGYN) performed
medical procedures to stop the bleeding and restore Gos BP. Her BP was frequently
monitored with the use of a sphygmomanometer. While Dra. Cantre was massaging Gos
uterus for it to contract and stop bleeding, she ordered a droplight to warm Go and her baby.
Mrs. Go remained unconscious until she recovered.
While in the recovery room, Mr. Go noticed a gaping wound 2 by 3 inches in the inner
portion of her left arm, close to the armpit. Upon intial inquiry, the nurses informed him it
was a burn. Upon investigation by the hospital, Dra. Cantre said that the blood pressure cuff
caused the injury.
Mrs. Go had several plastic surgeries done on her (at the expense of the hospital). But
despite skin grafting and scar revision procedures, Mrs. Go was left with a healed linear scar
in her left arm about 3 inches long, the thickest portion about of an inch from the surface
of the skin and the pain in her arm remained. She couldnt sleep properly and couldnt use
the left side of her body to play with her children.
Spouses Go filed a complaint for damages against Dra. Cantre, medical director of the
hospital, and the hospital.
Procedure:
RTC: Judgment in favor of Spouses Go. Respondent ordered to pay, jointly and severally:
Moral damages (P200k), exemplary damages, nominal damages, attorneys fees and
litigation expenses.
CA: Affirmed RTC with modifications. Ordered Dra. Cantre ONLY to pay moral damages
(P200k) and costs. Deleted award of exemplary damages, attorneys fees, and expenses of
litigation. Dismissed complaint against medical director and hospital.

Issue/s: WON Dra. Cantre is liable for the injury suffered by Mrs. Go? YES.
Held/Ratio:
In cases involving medical negligence, the doctrine of res ipsa loquitur allows the mere
existence of an injury to justify a presumption of negligence on the part of the person who
controls the instrument causing the injury. The requisites of res ipsa loquitur are present in
this case:
REQUISITE 1: The accident is of a kind which ordinarily does not occur in the absence of
someones negligence.
ICAB: The gaping wound on Mrs. Gos arm is not an ordinary occurrence in the act of
delivering a baby, because the arm is far removed from the organs involved in the process
of giving birth. Such injury could not have happened unless negligence had set in
somewhere.
REQUISITE 2: It is caused by an instrumentality within the exclusive control of the defendant.
ICAB: Whether the injury was caused by the droplight or the BP cuff is of no moment
because both instruments are deemed within the exclusive control of the physician in charge
under the captain of the ship doctrine.
REQUISITE 3: The possibility of contributing conduct which would make the plaintiff
responsible is eliminated.
ICAB: The gaping wound on Mrs. Gos left arm, by its very nature and considering her
condition, could only be cause by something external to her and outside her control as she
was unconscious while in shock.
Dra. Cantres defense that Mrs. Gos wound was caused not by the droplight but by the
constant taking of her BP does not absolve her from liability. The medical practice is to
deflate the BP cuff immediately after each use, otherwise, the inflated band can cause injury
to the patient. Thus, if Mrs. Gos wound was caused by the BP cuff, then the taking of Mrs.
Gos BP must have been done so negligently as to have inflicted a gaping wound on her arm.
Based on the foregoing, the presumption that Dra. Cantre was negligent in the exercise of
her profession stands unrebutted.
The Civil Code provides:
Article 2176. Whoever by act or omission causes damage to another, there being fault or
negligence, is obliged to pay for the damage done
Article 2217. Moral damages include physical suffering, mental anguish, fright, serious
anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and
similar injury. Though incapable of pecuniary computation, moral damages may be
recovered if they are the proximate result of the defendant's wrongful act for omission.
Under the law, Dra. Cantre is obliged to pay Mrs. Go for moral damages suffered by the
latter as a proximate cause of Dra. Cantres negligence.
No grave abuse of discretion on the part of CA in deleting other awards because: Dra. Cantre
has served well as Mrs. Gos obstetrician for her past 3 successful deliveries. This is the 1 st
time Dra. Cantre is being held liable for damages due to negligence. The fact that Dra.

Cantre promptly took care of Mrs. Gos wound before infection and other complications set in
is also indicative of her good intentions. Also, Mrs. Go was suffering form a a critical
condition when the injury happened, such that saving her life became Dra. Cantres
elemental concern.
CA Decision affirmed. Dra. Cantre liable to pay moral damages (P200k)
Digested by: Agee Romero