Part B.

a. As counsel for the complainant, what doctrine/s would you use to

further your argument that the defendants should be held liable?

As counsel for complainant, the doctrine of vicarious liability and

continuing negligence can be invoked against the defendants. According
Article 2180 of the NCC, obligation imposed by Article 2176 is
demandable not only for ones own acts or omissions, but also for those
of persons for whom one is responsible which is referred as imputed
negligence or vicarious liability. In the case at bar, there exist an
employer-employee relationship between the hospital, doctors and nurses
thus any negligent acts of the employees of the hospital shall be imputed
to the hospital being the employer of the doctors and nurses.

b. What defenses may the defendants claim bearing in mind the

provisions of the Physicians Code of Ethics and the Rights and
Duties of Patients?
Physicians Code of Ethics and the Rights and Duties of Patients
Section 6
e. Accept the Consequences of Own Informed Consent - The Patient shall
accept all the consequences of his/her own informed consent. If he/she
refuses treatment or does not follow the instructions or advice of the Health
Care Provider, he/she must accept the consequences of such decision and
relieve the Health Care Provider of any liability as a result of the exercise of
his/her right to self-determination.

In the case at bar, the Doctor gave post-operative instructions which

includes

Regular turning every 2 hours to prevent the development of bedsores

Antibiotic treatment to prevent infection

Daily rehabilitation therapy to prevent muscle atrophy

Pain medications for pain control

All of the instructions were done except for the regular turning every 2 hours
of the patient because there are times that the mother refused his son to be
moved because she cant bear seeing his son in so much pain and she also
preferred that his son should not be woken up of turning if he was asleep.
This refusal of the mother constitutes to informed consent. Thus, based on
Section 6, par. (e) of the Physicians Code of Ethics and the Rights and
Duties of Patients, she must accept the consequences of his own informed
consent.

When the ICU Nurse noticed the reddening of the skin of the
buttocks, which is the start of bedsore, she advised the mother to transfer his
son to Wound Care Management to prevent the worsening of the bedsore but
the mother also refused the referral of the ICU Nurse to transfer his son to
the Wound Care Management because of additional cost. Thus, the mother
should accept the consequences of her refusal to transfer his son to Wound
Care Management, were it not for this refusal the bedsore would not have
worsened.

c. One of the reasons given as to why EB became paralyzed was that

his spine might have been inadvertently moved during the
transport from the site of the accident to the hospital. Do the
Buenos have a cause of action against Dr. Doctor? What can be
his defense?

Yes. The Buenos have a cause of action against Dr. Doctor because
according to Article II, Section 3, of the Physicians Code of Ethics In an
emergency, provided there is no risk to his or her safety, a physician should
administer at least first aid treatment and then refer the patient to the primary
physician and/or to a more competent health provider and appropriate
facility if necessary. Dr. Doctor should have first provided first aid treatment
before bringing EB to the hospital.

Dr. Doctor can invoke the defense of Good Samaritan Law. A Good
Samaritan Law is a statute that exempts from liability a person (such as an
off-duty physician) who voluntarily renders aid to another in imminent
danger but negligently causes injury while rendering the aid. In the case at
bar, the act of Dr. Doctor in bringing EB to the hospital was out of
humanitarian response and acted in good faith in helping and transporting
EB to the hospital, which constitutes the application of Good Samaritan law.
Thus, Dr. Doctor is exempted from any liabilities rising out from the
transportation of EB to the hospital.

d. Did Dr. Grey violate any provision of the Code of Ethics?