Rogelio Nogales v. Capitol Medical Center, G.R. No. 142625, December 19, 2006
FACTS:
Around midnight of 25 May 1976, Corazon started to experience mild labor pains prompting
Corazon and Rogelio Nogales to see Dr. Estrada, who advised her immediate admission to the Capitol
Medical Center and on 26 May 1976, Corazon was admitted at 2:30 a.m. at the CMC.
At the delivery room, Corazon’s bag of water spontaneously ruptured and she bled profusely,
causing her death.
On 14 May 1980, petitioners filed a complaint for damages with the Regional Trial Court of
Manila against CMC, Dr. Estrada, Dr. Villaflor, Dr. Uy, Dr. Enriquez, Dr. Lacson, Dr. Espinola, and a certain
Nurse J. Dumlao for the death of Corazon. Petitioners mainly contended that defendant physicians and
CMC personnel were negligent in the treatment and management of Corazon's condition. Petitioners
charged CMC with negligence in the selection and supervision of defendant physicians and hospital staff.
The trial court rendered judgment on 22 November 1993 finding Dr. Estrada solely liable for
damages.
ISSUE:
Whether CMC is vicariously liable for the negligence of Dr. Estrada, even if he is an independent
contractor-physician
RULING:
YES. While a hospital is not liable for the negligence of an independent contractor-physician,
there is, however, an exception to this principle, known as the "doctrine of apparent authority," which is
a species of the doctrine of estoppel. The hospital may be liable if the physician is the "ostensible" agent
of the hospital. In the instant case, CMC impliedly held out Dr. Estrada as a member of its medical staff.
Through CMC's acts, CMC clothed Dr. Estrada with apparent authority thereby leading the Spouses
Nogales to believe that Dr. Estrada was an employee or agent of CMC.