DR. BENIGNO A. AGBAYANI, JR. V. PEOPLE OF THE PHILIPPINES
G.R. No. 215121
June 23, 2021
FACTS:
Dr. Agbayani was charged before the MeTC with reckless
imprudence resulting ln serious physical injuries in an Information that reads:
On or about January 5, 2006. in the City of Manila, Philippines, the accused, being then the surgeon and/or orthopoedist of complainant Saul Q- Hofilena, Jr., did then and there voluntarily but without malice, conduct an arthroscopy upon said complainant in a reckless manner by using a medical instrument (arthroscope) that was not sterilized without taking the necessary precaution to avoid injury to said complainant, taking into consideration his employment or occupation and degree of intelligence, causing as a consequence of his said carelessness, recklessness, negligence, imprudence and lack of precaution the said complainant to suffer serious physical injuries on his left knee which rendered him incapacitated for work and/or labor for more than thirty (30) days and in fact said complainant had undergone another operation at St. Luke's Hospital, Quezon City on his left knee to remove the infection introduced by the accused and subsequent operation on his right wrist as a result of walking with a care for a prolonged period of time, to the damage and prejudice of said Saul Q. Hofilena. Jr.
