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:
- Even after her operation to ensure her safety as a patient
- NOT limited to record the 2 missing gauzes
- 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