Orlando Garcia, Jr. vs. Ranida and Ramon Salvador Essay

Orlando Garcia, Jr. (Community diagnostics reduce) vs. Ranida and Ramon Salvador G.R. No. 168512 parade 20, 2007FACTSanswerer Ranida Salvador underwent a medical enquiry at the Community Diagnostics Center (CDC) as a prerequisite for repair employment. Garcia, a medical technologist, conducted the HBs Ag (Hepatitis B Surface Antigen) block out. On October 22, 1993, CDC issued the essay conduct indicating that Ranida was HBs Ag Reactive. The result bore the material body and signature of Garcia as examiner and the good-for-nothing stamp signature of Dr. Castro as diagnostician. When Ranida submitted the foot race result to Dr. Sto. Domingo, the partnership mendelevium, the latter apprised her that the findings indicated that she is ugly from Hepatitis B, a liver disease.Thus, based on the medical report submitted by Sto. Domingo, the Company terminated Ranidas employment for helplessness the physical examination. It was later determined that on that point was an error in the previous examination and that the respondent was not suffering from Hepatitis B. Respondent was rehired by the company. ISSUEWhether Garcia (CDC) is liable for restoration to the respondents for issuing an incorrect HBsAG test result. HELDThe cost held that CDC was negligent because there was no pass physician in CDC as need by law. CDC is not administered, directed and superintend by a accredited physician as required by law, unless by Ma. Ruby C. Calderon, a licensed Medical Technologist. In the License to pass on and Operate a Clinical science laboratory for the years 1993 and 1996 issued by Dr. Juan R. Naagas, M.D., Undersecretary for health Facilities, Standards and Regulation, defendant-appellee Castro was named as the head of CDC. However, defendant pathologist is not the owner of the Community Diagnostic Center nor an employee of the same nor the employer of its employees.Defendant pathologist comes to the Community Diagnostic Center when and where a proble m is referred to him. Castros infrequent trounce to the clinical laboratory barely qualifies as an effective administrative supervision and run across over the activities in the laboratory. Supervision and instruction means the authority to act instantaneously whenever a specific function is entrusted by law or regulation to a subordinate direct the performance of handicraft restrain the commission of acts review, approve, revise or modify acts and decisions of subordinate officials or units. Moreover, Garcia conducted the HBsAG test of respondent Ranida without the supervision of defendant-appellee Castro. Lastly, the disputed HBsAG test result was released to respondent Ranida without the authorization of defendant-appellee Castro.