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Cabugao's Liability in Rodolfo Palma Case

Rodolfo Palma Jr. complained of abdominal pains and was referred by Dr. Cabugao to Dr. Ynzon, a surgeon, after initial tests showed appendicitis. Dr. Ynzon placed Rodolfo under observation and left residents in charge. When Rodolfo's pain persisted, Dr. Ynzon merely ordered more medicine by phone. Rodolfo was later declared dead. The court ruled Dr. Cabugao was not guilty of reckless imprudence, as referring Rodolfo to a surgeon showed precaution given appendicitis was outside his expertise, demonstrating he employed his best knowledge and skill in treating Rodolfo.

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268 views1 page

Cabugao's Liability in Rodolfo Palma Case

Rodolfo Palma Jr. complained of abdominal pains and was referred by Dr. Cabugao to Dr. Ynzon, a surgeon, after initial tests showed appendicitis. Dr. Ynzon placed Rodolfo under observation and left residents in charge. When Rodolfo's pain persisted, Dr. Ynzon merely ordered more medicine by phone. Rodolfo was later declared dead. The court ruled Dr. Cabugao was not guilty of reckless imprudence, as referring Rodolfo to a surgeon showed precaution given appendicitis was outside his expertise, demonstrating he employed his best knowledge and skill in treating Rodolfo.

Uploaded by

Jennifer Oceña
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Cabugao vs. People, G.R. No.

163879 (2014)

Facts:
Rodolfo Palma Jr. complained of abdominal pains to his mother and he was brought to Dr. Antonio Cabugao’s clinic who referred
them to Dr. Clenio Ynzon, a surgeon, upon results of initial tests showed that there is an initial impression of appendicitis. Dr. Ynzon,
placed Rodolfo on observation for 24 hrs and after prescribing medicine left and let 2 residents in training monitor Rodolfo.

The next morning, Rodolfo complained of abdominal pain and had watery bowels that persisted. To remedy the situation, Dr. Ynzon,
via phone call merely ordered to administer more medicine. The next day, Rodolfo was declared dead by Dr. Cabugao.

Issue:
Whether Cabugao is guilty of reckless imprudence?

Ruling:
No, the referral of Rodolfo to Dr. Ynzon is actually an exercise of precaution as he knew that appendicitis is not within his scope of
expertise. This showed that he employed the best of his knowledge and skill in attending to Rodolfo. The calculated assessment of
Dr. Cabugao to refer Rodolfo to a surgeon who has sufficient training and experience belies the finding that he displayed
inexcusable lack of precaution in handling his patient.

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