SC clears heart doctor of negligence in 2002 case
A doctor who offers proper medical advice, clearly explains the risks of a procedure, and secures proper consent is not liable for medical malpractice, the Supreme Court said, as it affirmed the dismissal of a complaint against a Philippine Heart Center (PHC) doctor.
In a 22-page decision penned by now retired Associate Justice Mario Lopez, the high court’s Second Division ruled that 74-year-old patient Quintin Que died not die because of the negligence of Dr. Avelino Aventura but due to the “inherent risk” of the stenting procedure which in 1999 was considered a new noninvasive treatment for aneurysm.
The court effectively dismissed the petition filed by Que’s son, Elpidio, challenging the 2023 Court of Appeals (CA) decision that upheld a trial court’s dismissal of his complaint for damages against the respondents.
Surgery goes wrong
The ruling on G.R. No. 268308 was promulgated on April 2 and made public on Wednesday.
The Ques consulted Aventura, head of the PHC Department of Surgery, more than two decades ago for an aneurysm in the aortic arch.
Aventura offered two options for treatment: open-chest surgery or stenting. He assured the family stenting was less risky due to the lower chance of bleeding or rupture. Still he cautioned them that neither procedure guaranteed success.
The procedure was carried out by visiting Belgian specialist Dr. Eric Verhoeven who failed to insert the custom stent due to a bend in Quintin’s artery. The patient later suffered a stroke and died.
Lower court ruling
In 2002, Elpidio filed a complaint for damages against the respondents which was dismissed in 2020 by the Vigan City Regional Trial Court for lack of merit, finding no medical malpractice or negligence on Aventura’s part. The ruling was affirmed by the Court of Appeals.
The Supreme Court upheld the ruling of both courts, saying the respondents are not liable for medical negligence as Aventura informed the Que family of the risks involved, including death.
The high tribunal also cited the expert opinions of two doctors who said stenting was still the appropriate treatment for Quintin, considering his condition.
