Noel Casumpang v. Nelson Cortejo

Summary

This medical malpractice case involved the death of 11-year-old Edmer Cortejo who was misdiagnosed with bronchopneumonia instead of dengue fever at San Juan de Dios Hospital. Despite symptoms including blood in sputum, chest pain, and fever reported by parents, Dr. Casumpang maintained the wrong diagnosis and failed to conduct appropriate tests timely. The Supreme Court established comprehensive standards for medical malpractice claims requiring proof of duty, breach, injury, and proximate causation. The Court found Dr. Casumpang negligent for selective appreciation of symptoms and delayed diagnosis, while absolving Dr. Miranda as a resident physician operating under supervision. The hospital was held liable under the doctrine of apparent authority rather than employer-employee relationship. The case significantly clarified standards for expert witness qualification in medical cases and hospital liability for independent contractor physicians, awarding damages for wrongful death due to medical negligence.