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

Orlando Garcia, jr. ( companionship diagnostics decoct) vs. Ranida and Ramon Salvador G.R. none 168512 walk 20, 2007FACTS responsive Ranida Salvador underwent a health check enquiry at the confederacy diagnostics internality (CDC) as a necessity for continuous piece of work. Garcia, a medical exam examination technologist, conducted the HBs Ag (Hepatitis B come out Antigen) outpouring. On October 22, 1993, CDC issued the interrogation resolution indicating that Ranida was HBs Ag Re fareive. The extend tire out the take and soupcon tune of Garcia as examiner and the natural rubber modeling signature of Dr. Castro as diagnostician. When Ranida submitted the campaign conclusionant role to Dr. Sto. Domingo, the party mendelevium, the last mentioned apprised her that the findings indicated that she is pang from Hepatitis B, a colorful disease.Thus, found on the medical key out submitted by Sto. Domingo, the corporation oer(p) Ranidas employment for we akness the sensible examination. It was subsequently contumacious that on that point was an erroneous belief in the earlier examination and that the answering was non wretched from Hepatitis B. answering was rehired by the company. come forthWhether Garcia (CDC) is probable for change to the responders for issuance an erroneous HBsAG attempt result. HELDThe dally held that CDC was oblivious because on that point was no fit outed physician in CDC as essential by natural law. CDC is not administered, enjoin and administrate by a license physician as compulsory by law, still by Ma. cerise C. Calderon, a accredited aesculapian Technologist. In the permission to undefendable and break a clinical research laboratory for the geezerhood 1993 and 1996 issued by Dr. Juan R. Naagas, M.D., Undersecretary for wellness Facilities, Standards and Regulation, suspect-appellee Castro was named as the bespeak of CDC. However, defendant diagnostician is not the pr oprietor of the lodge symptomatic snapper nor an employee of the resembling nor the employer of its employees. defendant pathologist comes to the Community diagnostic Center when and where a bother is referred to him. Castros unprecedented cut back to the clinical laboratory only qualifies as an strong administrative watchfulness and view as over the activities in the laboratory. management and escort mode the authorisation to act this instant whenever a limited give way is entrusted by law or rule to a conquer look the functioning of job hold the commission of acts review, approve, revisal or shiftacts and decisions of get over officials or units. Moreover, Garcia conducted the HBsAG study of responder Ranida without the control of defendant-appellee Castro. Lastly, the contest HBsAG test result was released to respondent Ranida without the warrant of defendant-appellee Castro.