Practice question
A hospital instrument fails, but the evidence does not connect its preparation or control to the individually sued physician, and technical propriety of use remains unproved. The claimant says uncertainty itself conclusively selects that physician as defendant. Resolve.
- Uncertainty automatically proves exclusive control
- The required inference against that particular defendant has not been established merely by uncertainty
- Every physician is an insurer of every instrument
- The claimant’s choice establishes causation
- No evidence of standard of care may be considered
Legal references
- Civil Code, Articles 1735, 1755-1756, 2176, 2179, 2184-2185 and 2214: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
- Spouses Nuñez v. Dr. Daz, G.R. No. 246489, January 29, 2024, MAIN decision: https://lawphil.net/judjuris/juri2024/jan2024/gr_246489_2024.html
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