Wednesday, August 22, 2007 Suit v. ex-health chief, hospital execs upheld
THE Court of Appeals (CA) has found former health secretary Alfredo Bengzon and the board of directors of the Medical City in Pasig liable in a civil suit filed by a pregnant woman and her husband after she was robbed and then stabbed by an unknown assailant inside the hospital in 2001.
In a decision penned by Associate Justice Fernanda Lampas-Peralta, the CA affirmed with modification a ruling of the Las Piñas City Regional Trial Court (RTC) dated April 8, 2005 finding the defendants Professional Services Inc. and its board of directors and Bengzon, president and chairman of the hospital, liable for damages amounting to P75,000.
The CA dismissed the hospital's argument that they should not be held liable since the alleged assailant of plaintiff-appellee Christine Suriaga was not an employee of the hospital and that they hired the services of security guards to secure the premises.
The defendants alleged that the plaintiffs had no cause of action against them because under the law on tort or quasi delicti, there should be an employment relationship between the assailant and defendants.
"Since plaintiff Suriaga was stabbed and robbed within the premises of the hospital, the incident would not have happened had defendants exercised due diligence in efficiently securing the premises. Even after she shouted for help, the security personnel and even the medical staff failed to apprehend the assailant," the CA ruled.
Citing Article 2180 of the new Civil Code, the CA said the obligation imposed by the law is demandable for one's own acts and for those persons responsible.
"Defendants-appellants cannot evade responsibility on the basis of their claim of existence of contractual relationship, as their liability arose from the negligent performance of their contractual obligations," said the CA.
The trial court originally awarded P150,000 damages to plaintiffs, but the CA reduced the amount to P50,000 moral damages and P25,000 exemplary damages, saying the claim for damages was not intended to enrich a plaintiff at the expense of defendants.
The court, however, noted that Bengzon and the hospital's board of directors should not be held liable for there is no proof that they personally caused damage and they were diligent in providing the best medical care to Suriaga after the stabbing incident.
It further said the Suriaga spouses failed to prove their allegation of losses of the robbery.
Court records showed that Suriaga was confined at the Medical City for threatened abortion from Dec. 6 to 7, 2001. On the day that she is about to be discharged from the hospital, a man barged inside her room, stabbed her three times and took her shoulder bag while she was alone in the room.
Suriaga claimed that she shouted for help but none of the hospital staff came to her rescue resulting in the escape of the suspect.
The couple's failure to get damages from the hospital prompted them to file a damage suit before the Las Piñas City RTC. An unfavorable ruling by the lower court prompted them to elevate the case before the CA. (ECV/Sunnex)
