Practice question
Several staff members may have prepared a ruptured water bag, and no evidence establishes that the defendant physician prepared or applied it. Can exclusive control simply be inferred from his specialty?
- Yes, proof of the actual operator is forbidden
- Yes, specialty is conclusive control
- Yes, all operating-room staff are legally one person
- No
- Yes, every physician is liable for every item
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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