Title: Carillo vs.

People

Case: G.R. No. 86890

Decision Date: Jan. 21 1994

Facts:
Dr. Carillo, the petitioner, an anesthesiologist, sought Review on
Certiorari which affirmed his conviction to the crime of simple negligence
resulting in homicide.

Catherine Acosta, a 13 year old girl, complained of abdominal pain and

was brought to Dr. Peña.

Dr. Peña called Dr. Madrid (surgeon), who examined Acosta and
suspected appendicitis.

Acosta was then brought to the Baclaran General Hospiral for surgery
where Dr. Madrid performed the surgery and Dr. Carillo as the
anesthesiologist.

Post-surgery, Acosta exhibited shivering, pallor, irregular breathing and

weak heartbeat. Instead of being rushed to the ICU, Acosta was placed in
her hospital bed and oxygenated. Both doctors left the hospital after
reviving Acosta’s heartbeat.

Unfortunately at about 15 minutes, Acosta convulsed and had cardiac

arrest. Acosta remained comatose despite efforts to revive her and expired
three days later.

It was subsequently established that the patient was not weighed before
administration of the anesthetic.

The CA found criminal negligence and held that the doctors had failed to
observe the required standard of diligence in examining the patient prior to
administration of anesthesia and an act of negligence when the doctors
failed to monitor the patient’s status post-surgery. Their leaving from the
hospital denied the patient of immediate and expert medical care when she
suffered a heart attack.

Issue(s): Were the actions or omissions of Dr. Carillo and Dr. Madrid liable or
simple negligence resulting in homicide?

Ruling: YES. The CA determined that Acosta had suffered from an overdose of
Nalbuphine (Nubain®), an anesthetic agent, which directly led to cardiac
arrest and cerebral hypoxia, resulting in death, thus confirming that
elements of anesthesia malpractice are present. The Supreme Court ruled
that both Dr. Carillo and Dr. Madrid guilty of simple negligence for failing
to provide adequate care and monitor Acosta’s condition post-surgery.