Dr. Rubi Li v. Spouses Reynaldo and Lina Soliman, G.R. No. 165279, June 07, 2011
FACTS:
11-year-old Angelica Soliman's right leg was amputated by Dr. Jaime Tamayo after diagnosing her
of osteosarcoma. Dr. Tamayo then referred Angelica to another doctor at SLMC, herein petitioner Dr.
Rubi Li, a medical oncologist, for chemotherapy.
On August 18, 1993, Angelica was admitted to SLMC. However, she died of Hypovolemic shock
secondary to multiple organ hemorrhages and Disseminated Intravascular Coagulation on September 1,
1993, just eleven days after the (intravenous) administration of the first cycle of the chemotherapy
regimen.
On February 21, 1994, respondents filed a damage suit against petitioner, Dr. Leo Marbella, Mr.
Jose Ledesma, a certain Dr. Arriete and SLMC, charging them with negligence.
The trial court dismissed the complaint but the appellate court found that petitioner failed to
fully disclose the side effects of chemotherapy.
ISSUES:
1) Whether the petitioner adequately disclosed serious side effects to the parents of the child
patient who died while undergoing chemotherapy
2) Whether the requirement for expert testimony has been complied with
RULING:
1) YES. When petitioner informed the respondents beforehand of the side effects of
chemotherapy which includes lowered counts of white and red blood cells, decrease in blood platelets,
possible kidney or heart damage and skin darkening, there is reasonable expectation on the part of the
doctor that the respondents understood very well that the severity of these side effects will not be the
same for all patients undergoing the procedure.
As a physician, petitioner can reasonably expect the respondents to have considered the
variables in the recommended treatment for their daughter afflicted with a life-threatening illness.
2) NO. Medical negligence cases are best proved by opinions of expert witnesses belonging in
the same general neighborhood and in the same general line of practice as defendant physician or
surgeon.
In this case, the testimony of Dr. Balmaceda who is not an oncologist but a Medical Specialist of
the DOH's Operational and Management Services charged with receiving complaints against hospitals,
does not qualify as expert testimony to establish the standard of care in obtaining consent for
chemotherapy treatment.