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    Cruz vs. CA (And Umali) : - Francisco G.R. No. 122445, November 18, 1997 - 282 SCRA 188

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    Jp Karl Gonzales Uligan
    Dr. Cruz performed a hysterectomy on Lydia Umali at the Perpetual Help Clinic and General Hospital. During the operation, Umali experienced difficulties including gasping for breath when the oxygen ran out and later going into shock, requiring transfer to another hospital where she died. Umali's heirs charged Cruz with reckless imprudence and negligence resulting in homicide. While the court acquitted Cruz criminally due to insufficient evidence, it found her civilly liable for Umali's death. The court ordered Cruz to pay Umali's heirs 200,000 pesos in damages.

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    Cruz vs. CA (And Umali) : - Francisco G.R. No. 122445, November 18, 1997 - 282 SCRA 188

    Uploaded by

    Jp Karl Gonzales Uligan
    54 views2 pages
    Dr. Cruz performed a hysterectomy on Lydia Umali at the Perpetual Help Clinic and General Hospital. During the operation, Umali experienced difficulties including gasping for breath when the oxygen ran out and later going into shock, requiring transfer to another hospital where she died. Umali's heirs charged Cruz with reckless imprudence and negligence resulting in homicide. While the court acquitted Cruz criminally due to insufficient evidence, it found her civilly liable for Umali's death. The court ordered Cruz to pay Umali's heirs 200,000 pesos in damages.

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    Dr. Cruz performed a hysterectomy on Lydia Umali at the Perpetual Help Clinic and General Hospital. During the operation, Umali experienced difficulties including gasping for breath when the oxygen ran out and later going into shock, requiring transfer to another hospital where she died. Umali's heirs charged Cruz with reckless imprudence and negligence resulting in homicide. While the court acquitted Cruz criminally due to insufficient evidence, it found her civilly liable for Umali's death. The court ordered Cruz to pay Umali's heirs 200,000 pesos in damages.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    54 views2 pages

    Cruz vs. CA (And Umali) : - Francisco G.R. No. 122445, November 18, 1997 - 282 SCRA 188

    Uploaded by

    Jp Karl Gonzales Uligan
    Dr. Cruz performed a hysterectomy on Lydia Umali at the Perpetual Help Clinic and General Hospital. During the operation, Umali experienced difficulties including gasping for breath when the oxygen ran out and later going into shock, requiring transfer to another hospital where she died. Umali's heirs charged Cruz with reckless imprudence and negligence resulting in homicide. While the court acquitted Cruz criminally due to insufficient evidence, it found her civilly liable for Umali's death. The court ordered Cruz to pay Umali's heirs 200,000 pesos in damages.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    Cruz vs.

    CA (and Umali) | Francisco


    G.R. No. 122445, November 18, 1997 | 282 SCRA 188

    FACTS:
    Rowena Umali de Ocampo accompanied her mother Lydia Umali to the Perpetual
    Help Clinic and General Hospital in Laguna. Upon examining Umali, respondent
    Cruz found a myoma in her uterus, and scheduled her for a hysterectomy
    operation.
    Rowena noticed that the clinic was untidy and dusty. She tried to persuade her
    mother not to proceed with the operation, but Lydia told her that Cruz said she
    must be operated on as scheduled.
    On separate occasions during the operation, Dr. Ercillo (the anesthesiologist) came
    out of the operating room and instructed them to buy tagamet ampules and blood.
    Even after Lydia was brought out of the operating room, they were instructed to
    buy more blood.
    At one point, Rowena also noticed that her mother was gasping for breath.
    However, the oxygen supply of the clinic has run out, and they had to go to San
    Pablo District Hospital to get oxygen. Later on, Lydia went into shock, which
    necessitated her transfer to San Pablo District Hospital, which was done without the
    prior consent of the relatives.
    There, Dr. Ercillio re-operated on her because there was blood oozing from the
    abdominal incision. Eventually, Lydia died. Her death certificate states shock as
    the immediate cause of death and disseminated intravascular coagulation (DIC) as
    the antecedent cause.
    The heirs of Lydia Umali charged Cruz and Ercillo with reckless imprudence and
    negligence resulting to homicide. Both pleaded not guilty. The MTCC held that Dr.
    Ercillo was not guilty, but held Cruz responsible for the death of Lydia Umali. RTC
    and CA affirmed in toto. Hence this petition.

    ISSUES & ARGUMENTS:


    W/N the Court may award damages to the heirs of Umali even if it acquitted
    Cruz.

    HOLDING & RATIO DECIDENDI:


    AWARD OF MORAL AND EXEMPLARY DAMAGES IS PROPER.
    While the following circumstances are insufficient to sustain a judgment of
    conviction against Cruz. Nevertheless, this Court finds Cruz civilly liable for the
    death of Lydia Umali, for while conviction of a crime requires proof beyond
    reasonable doubt, only a preponderance of evidence is required to establish
    civil liability.
    For insufficiency of evidence this Court was not able to render a sentence of
    conviction but it is not blind to the reckless and imprudent manner in which Cruz
    carried out her duties. No amount of compassion and commiseration not words of
    bereavement can suffice to assuage the sorrow felt by Lydia Umalis heirs.

    Dr. Cruz ACQUITTED but is ordered to pay the hairs of the deceased Lydia Umali FIFTY
    THOUSAND PESOS as civil liability, ONE HUNDRED THOUSAND PESOS as moral
    damages, and FIFTY THOUSAND PESOS as exemplary damages.

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