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FACTS:
June 17, 1985 afternoon: Erlinda Ramos, 47-year old robust woman
underwent on an operation to the stone at her gall bladder removed after
being tested that she was fit for "cholecystectomy" operation performed
by Dr. Orlino Hozaka. Dr. Hosaka charged a fee of P16,000.00, which was
to include the anesthesiologist's fee and which was to be paid after the
operation. He assured Rogelio E. Ramos, husband that he will get a
good anesthesiologist who was Dra. Perfecta Gutierrez. Erlinda's hand
was held by Herminda Cruz, her sister -in-law who was the Dean of the
College of Nursing at the Capitol Medical Center together with her
husband went down with her to the operating room.
Instead of 9:30 am, Dr. Hosaka arrived at about 12:15 P.M.
Herminda noticing what Dra. Perfecta Gutierrez was doing, saw the
nailbed of Erlinda becoming bluish and Dr. Hosaka called for
another anesthesiologist Dr. Calderon.
She went out of the operating room to tell Rogelio that something is
wrong.
When she went back she saw Erlinda in a trendelenburg position and
at 3 p.m. she was taken to the Intensive Care Unit (ICU) where she
stayed for a month due to bronchospasm incurring P93,542.25 and she
was since then comatosed.
She suffered brain damage as a result of the absence of oxygen
in her brain for four to five minutes.
She was also diagnosed to be suffering from "diffuse cerebral
parenchymal damage"
Monthly expenses ranged from P8,000 to P10,000
Spouses Ramos and their minors filed against Dr. Hosaka and Dra.
Perfecta Gutierrez