SC upholds doc’s acquittal in case of child’s fatal surgery

MANILA, Philippines — The Supreme Court has denied a couple’s petition challenging a ruling by the Court of Appeals (CA) that acquitted their child’s anesthesiologist of reckless imprudence resulting in homicide.

In its 15-page decision dated Jan. 29 and posted on the Supreme Court’s website on May 9, the high court’s Third Division affirmed the acquittal of the doctor, Henry Daz, over the death of his 2-year-old patient.

Like the appellate court, the high court also cleared the physician of civil damages earlier imposed by a lower court.

READ: Supreme Court to revisit case of doctor who died in jail – Gesmundo

In June 2006, the parents, Christopher and Carmen Nuñez, scheduled an operation for their child to remove a cancerous tumor from his brain.

During the operation, the child suffered from hypothermia, which required his resuscitation.

According to the couple, Daz applied a hot water bag on their son’s legs to warm his body temperature. The bag burst during surgery and the patient sustained third-degree burns on his thigh, pelvis and hands.

Chemo, second surgery

The child had to undergo skin grafting surgery, which delayed the chemotherapy that was supposed to be conducted within 15 to 30 days after his operation to remove what was left of the brain tumor.

While the burns were being treated, the tumor recurred. This led to a second brain surgery, during which the patient died.

The boy’s death certificate cited cardiorespiratory arrest as the immediate cause of death and a brain tumor as the underlying cause of death.

The Nuñez couple filed a case of reckless imprudence resulting in homicide before the Office of the City Prosecutor in Baguio City against neurosurgeon Jesus Nigos and his assisting nurses. But this case was eventually dismissed.

Daz was subsequently charged with the same offense, but the Baguio Regional Trial Court in 2014 upheld his innocence, even if the court still found him liable to pay moral, exemplary and actual damages amounting to P550,000.

The CA in 2018 upheld Daz’s acquittal and also absolved him of all civil liabilities. This prompted the parents to file a petition for review on certiorari before the Supreme Court.

‘Chilling effect’

In denying the couple’s petition, the high court said Daz could not be assumed as being responsible for the bursting of the water bag.

“Precisely, that it gave way cannot be attributed to his fault,” the high court said in its decision penned by Associate Justice Maria Filomena Singh. “How can a doctor be responsible for the usability of an instrument that can be safely assumed to be that of the hospital’s? … It would be unreasonable to assume that a water bag would be a personal instrument of a doctor such that he or she would be responsible for its condition.”

The court also noted that it was not proven if Daz was the one who prepared and applied the water bag.

“Again, there were several nurses present during the operation. Thus, the fact that the water bag may have ruptured cannot be exclusively attributed to Dr. Daz,” the decision said.

It noted that the medical profession is a highly technical field and “each clinical specialization follows its own particular, peculiar applications.”

“Rulings in medical negligence cases should thus be carefully balanced to avoid sending a chilling effect on medical practice in the country, which is critical to a stable health care regime,” it added.

The high court also said “patients should fairly and equally be protected from malpractice.”

“However, the Court can only act within the confines of its powers in determining the sufficiency of the factual and legal bases for the award of damages in favor of the petitioners,” it said.