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Midterm Examination
Judge Eileen Joy Pakino-Bonghanoy
On June 21, 1997, Spouses Malfoy’s 11-year-old son, Draco Malfoy, underwent a biopsy of
the mass located in his lower extremity at the Mungo’s Hospital. Results showed that Draco
was suffering from osteosarcoma, osteoblastic type, 4 a high-grade (highly malignant) cancer
of the bone which usually afflicts teenage children. Following this diagnosis and as primary
intervention, Draco’s right leg was amputated by Dr. Albus Dumbledore in order to remove
the tumor. As adjuvant treatment to eliminate any remaining cancer cells, and hence
minimize the chances of recurrence and prevent the disease from spreading to other parts of
the patient's body (metastasis), chemotherapy was suggested by Dr. Dumbledore. He
referred Draco to another doctor at Mungo’s, Dr. Severus Snape, a medical oncologist.
On July 18, 1997, Draco was admitted to Mungo’s. However, he died on August 1, 1997, just
eleven (11) days after the intravenous administration of the first cycle of the chemotherapy
regimen. Because Mungo’s refused to release a death certificate without full payment of their
hospital bill, Spouses Malfoy brought the cadaver of Draco to the Philippine National Police
(PNP) Crime Laboratory for post-mortem examination. The Medico-Legal Report issued by
said institution indicated the cause of death as "Hypovolemic shock secondary to multiple organ
hemorrhages and Disseminated Intravascular Coagulation."
Spouses Malfoy claimed that Dr. Snape assured them that Malfoy would recover as there is
95% chance of healing with chemotherapy ("Magiging normal na ang anak nyo basta ma-chemo.
95% ang healing") and when asked regarding the side effects, Dr. Snape mentioned only slight
vomiting, hair loss, and weakness ("Magsusuka ng kaunti. Malulugas ang buhok. Manghihina").
Spouses Malfoy thus claimed that they would not have given their consent to chemotherapy
had Dr. Snape not falsely assured them of its side effects.
Spouses Malfoy came to you for assistance and asked if they had a cause of action against
Dr. Albus Dumbledore, Dr. Severus Snape, and Mungo’s Hospital. As their legal counsel,
draft the complaint.