003 Professional Services, Inc V.

CA (2010)
126297 February 2, 2010
Lessons Applicable: Liability for Torts (Corporate Law)

FACTS:

 Enrique Agana told his wife Natividad Agana to go look for their neighbor, Dr. Ampil, a surgeon staff member of Medical City, a
prominent and known hospital
 Natividad suffered from injury due to 2 gauges left inside her body so they sued Professional Inc. (PSI)
 Despite, the report of 2 missing gauzes after the operation PSI did NOT initiate an investigation
ISSUE: W/N PSI should be liable for tort.

HELD: YES. 15M + 12% int. until full satisfaction.

 While PSI had no power to control the means/method by which Dr. Ampil conducted the surgery on Natividad, they had the power
to review or cause the review
 PSI had the duty to tread on as captain of the ship for the purpose of ensuing the safety of the patients availing themselves of its
services and facilities
 PSI defined its standards of corporate conduct:
1. Even after her operation to ensure her safety as a patient
2. NOT limited to record the 2 missing gauzes
3. Extended to determining Dr. Ampils role in it, bringing the matter to his attention and correcting his negligence

 Admission bars itself from arguing that its corp. resp. is NOT yet in existence at the time Natividad underwent treatment
 Dr. Ampil - medial negligence
 PSI - Corporate Negligence
 NOTE:
 Liability unique to this case because of implied agency and admitted corporate duty
 26 years already and Dr. Ampil's status could no longer be ascertained