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    Ramos VS Ca

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    Jillian Asdala
    The petitioner Erlinda Ramos was scheduled for gall bladder surgery at the De los Santos Medical Center. However, the surgeon Dr. Hosaka arrived over 3 hours late for the scheduled surgery time of 7:30am. Due to the delay, Ramos' condition deteriorated and she eventually went into a comatose state and later died. The family sued the medical center and doctors. One issue was whether an employer-employee relationship existed between the medical center and the doctors. The court ruled that based on the four factors to determine such a relationship - selection and payment of wages, power to hire and fire, and power of control - no employer-employee relationship existed between the doctors and medical center.

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    Ramos VS Ca

    Uploaded by

    Jillian Asdala
    200 views1 page
    The petitioner Erlinda Ramos was scheduled for gall bladder surgery at the De los Santos Medical Center. However, the surgeon Dr. Hosaka arrived over 3 hours late for the scheduled surgery time of 7:30am. Due to the delay, Ramos' condition deteriorated and she eventually went into a comatose state and later died. The family sued the medical center and doctors. One issue was whether an employer-employee relationship existed between the medical center and the doctors. The court ruled that based on the four factors to determine such a relationship - selection and payment of wages, power to hire and fire, and power of control - no employer-employee relationship existed between the doctors and medical center.

    Original Description:

    Digest not mine. CTTO.

    Original Title

    RAMOS VS CA

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    The petitioner Erlinda Ramos was scheduled for gall bladder surgery at the De los Santos Medical Center. However, the surgeon Dr. Hosaka arrived over 3 hours late for the scheduled surgery time of 7:30am. Due to the delay, Ramos' condition deteriorated and she eventually went into a comatose state and later died. The family sued the medical center and doctors. One issue was whether an employer-employee relationship existed between the medical center and the doctors. The court ruled that based on the four factors to determine such a relationship - selection and payment of wages, power to hire and fire, and power of control - no employer-employee relationship existed between the doctors and medical center.

    Copyright:

    © All Rights Reserved
    200 views1 page

    Ramos VS Ca

    Uploaded by

    Jillian Asdala
    The petitioner Erlinda Ramos was scheduled for gall bladder surgery at the De los Santos Medical Center. However, the surgeon Dr. Hosaka arrived over 3 hours late for the scheduled surgery time of 7:30am. Due to the delay, Ramos' condition deteriorated and she eventually went into a comatose state and later died. The family sued the medical center and doctors. One issue was whether an employer-employee relationship existed between the medical center and the doctors. The court ruled that based on the four factors to determine such a relationship - selection and payment of wages, power to hire and fire, and power of control - no employer-employee relationship existed between the doctors and medical center.

    Copyright:

    © All Rights Reserved
    of 1

    Ramos vs CA, 380 SCRA 467

    Facts:

    Petitioner Erlinda Ramos was advised to undergo an operation for the removal of her stone in the gall bladder. She was referred
    to Dr. Hosaka, a surgeon, who agreed to do the operation. The operation was scheduled on June 17, 1985 in the De los Santos
    Medical Center. Erlinda was admitted to the medical center the day before the operation. On the following day, she was ready
    for operation as early as 7:30 am. Around 9:30, Dr. Hosaka has not yet arrived. By 10 am, Rogelio wanted to pull out his wife
    from the operating room. Dr. Hosaka finally arrived at 12:10 pm more than 3 hours of the scheduled operation. Dr. Guiterres
    tried to intubate Erlinda. The nail beds of Erlinda were bluish discoloration in her left hand. At 3 pm, Erlinda was being wheeled
    to the Intensive care Unit and stayed there for a month. Since the ill-fated operation, Erlinda remained in comatose condition
    until she died. The family of Ramos sued them for damages.

    One of the issues involved was that there was an employee-employer relationship that existed between the medical center and
    Drs. Hosaka and Guiterrez.

    Ruling:

    Private Hospitals hire, fire and exercise real control over their attending and visiting consultant staff. While consultants are not
    technically employees, the control exercised, the hiring and the right to terminate consultants fulfill the hallmarks of an
    employer-employee relationship with the exception of payment of wages. The control test is determining. In applying the four
    fold test, DLSMC cannot be considered an employer of the respondent doctors. It has been consistently held that in determining
    whether an employer-employee relationship exists between the parties, the following elements must be present: (1) selection
    and engagement of services; (2) payment of wages; (3) the power to hire and fire; and (4) the power to control not only the end
    to be achieved, but the means to be used in reaching such an end. The hospital does not hire consultants but it accredits and
    grants him the privilege of maintaining a clinic and/or admitting patients. It is the patient who pays the consultants. The hospital
    cannot dismiss the consultant but he may lose his privileges granted by the hospital. The hospital’s obligation is limited to
    providing the patient with the preferred room accommodation and other things that will ensure that the doctor’s orders are
    carried out. The court finds that there is no employer-employee relationship between the doctors and the hospital.

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