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Republic of the Philippines

REGIONAL TRIAL COURT
11
th
Judicial Region
Branch ___
Davao City



Jane Ramos, Plaintiff,

- versus


Susan Tan,and Davao
City Medical
CenterDefendants.

x- - - - - - - - - - - - - - - x
CIVIL CASE No.
_______________


FOR: Damages and Attorneys
Fees.


COMPLAINT


COMES NOW the plaintiff, by the undersigned counsel, and to this
Honorable Court, respectfully alleges:

1. That Plaintiff, single and 28 years of age,is a resident of #257
Halcon Rd., Central Park,Bangkal, Davao City;

2. That Plaintiff is an Bank Manager with an average salary of Php
25,000 per month;

3. That the Defendant Susan Tan, M. D. is a physician licensed to
practice medicine in the Philippines and regularly engages in
the practice of medicine in Davao City, Philippines;

4. That the Defendant Davao City Medical Center, is a Davao City
Corporation with its principle corporate office located at Km. 4
J.P. Laurel Bajada Davao City, Davao Del Sur Philippines;

5. That Defendant Susan Tan, M.D is one of theattending
physicians in Davao City Medical Center, acting under the
authority of the latter;

6. That Defendant Susan Tan, M.D. acted as an agent/employee
of Davao City Medical Center;
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7. That the amount of this claim is within the jurisdiction of the
Regional Trial Court (i.e. Php300,000.00);

8. That the appropriate venue for this claim is Davao City as the
Plaintiff resides therein, and Defendants maintain their principal
places of business in said City;


ALLEGATIONS COMMON
TO ALL CAUSES OF ACTION


9. That on or about May 28, 2013, Plaintiffs was admitted to
Davao City Medical Center for severe abdominal pain;

10. That during theadmission, Plaintiff was referred to the
Defendant Susan Tan, M.D. by Defendant Davao City Medical
Center;

11. That Defendant Susan Tan was the one who attended the
Plaintiff during the latters admission and recommended tests;

12. That on or about May 30, 2013, Defendant Susan Tan
ordered and conducted Endoscopic retrograde
Cholangiopancreatography (ERC) on account of the Plaintiff
continued severe abdominal pain despite pain relief medicine;

13. That on or about May 31, 2013, after the procedure, the
Plaintiffsuffered sudden central abdominal pain, shortness of
breath, high fever and leukocytosis;

14. That on or about June 2, 2013, Defendant Susan Tan
conducted an exploratory laparatomy to address Plaintiffs
problems but no findings were noted;

15. That on or about June 8, 2013, on account of the Plaintiff
recurring symptoms, Defendant Susan Tan conducted another
surgery and found perforated common bile duct and abscessed
infection;

16. That during the surgery, Defendant Susan Tan treated
the perforations by abdominal drain placement.

17. That on or about June 10, 2013, Plaintiff continued to
suffer severe abdominal pain, vomiting, chills and high fever;
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18. That on or about June 13, 2013, Plaintiff opted to transfer
to Davao Doctors Hospital for treatment;

19. That on or about June 16, 2013, the attending doctors in
Davao Doctors Hospital performed exploratory laparotomy and
found that the abscess caused an accumulation of pus, infected
tissue, and bile juices, which caused a massive infection and
necrosis of the various parts of his digestive tract.

20. That during the surgery, the attending doctors of Davao
Doctors Hospital performed enterolysis to evacuate the
abscess.

21. That on or about June 19, 2013, the attending doctors of
Davao Doctors Hospital performed colostomy on the Plaintiff
which was later reversed on the operation made on November
30 , 2013;

22. That on or about September 8, 2013, Plaintiff was
discharged from Davao Doctors Hospital;

23. That on account of the above mentioned surgeries,
Plaintiff was not able to work for 3 months;

24. That on or about September 15, 2013, Plaintiff filed a
complaint for investigation before the Davao City Medical
Center;

25. That up to date, no answer was made by Davao City
Medical Center despite repeated demands;


CAUSES OF ACTION

26. Plaintiff is entitled to recover damages from Defendants
jointly and severally based on the theories of liability
hereinafter enumerated, and under such other theories of
liability as may be appropriate based upon the facts as alleged
herein or as revealed during discovery;


FIRST CAUSE OF ACTION
(Gross Negligence of Susan Tan, M.D.)


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27. That during the Plaintiffs admission before the Davao City
Medical Center, Defendant Susan Tan, M. D., as attending
physician, owed a duty to the Plaintiff to perform the
procedures within an acceptable standard of medical care
within the medical community;

28. That Susan Tan, M.D. breached this standard of care by
negligently conducting ERC with no adequate basis and skills
causing perforation in the common bile duct and abscessed
infection;

29. That during the Plaintiffs June 2, 2013 and June 8, 2013
surgeries, Defendant Susan Tan, M. D., owed a duty to the
Plaintiff to perform the procedures within an acceptable
standard of medical care within the medical community;

30. That Susan Tan, M.D. breached this standard of care by
negligently failing to notice the perforation and abscessed
infection during the June 2, 2013 surgery and by negligently
failing to remedy the same during the June 8, 2013;

31. The foregoing acts and omissions of Defendant Susan
Tan, M.D. were acts and omissions constituting conduct below
the standards of the medical profession in Defendant Susan
Tan, M.D. community and individually and/or collectively
caused the Plaintiffs injury.

32. As a proximate result of Defendant Susan Tan, M.D.
conducts alleged herein, Plaintiff Jane Ramos has been
damaged in an amount Plaintiff will prove.


SECOND CAUSE OF ACTION
(Gross Negligence of Davao City Medical Center)


33. The plaintiff incorporates the allegations and comments
heretofore made in paragraphs 1-26 as if fully re-written;

34. Defendant Davao City Medical Centerowed a duty of care
to patients, like the plaintiff, under its care and control.

35. Defendant Davao City Medical Center breached such duty
when it failed to perform according to the accepted standards
for hospitals in the supervision and review during and post-
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operative surgery proceduresof the its attending physicians
under its control;

36. Defendant Davao City Medical Center failure to review
and monitor post operative procedures was the cause in fact
of subsequent surgeries that led to the Plaintiffs injury.

37. Defendant Davao City Medical Center failure to respond
to Plaintiffs complaint for investigation constitutes blatant
neglect of its duty in the supervision and review of the
procedures made by its attending physicians.

38. As a proximate result of Defendant Davao City Medical
Centers conduct alleged herein, Plaintiff has been damaged in
an amount Plaintiff Jane Ramos will prove.


THIRD CAUSE OF ACTION
(Attorneys Fees, Litigation Expenses and Cost of Suit)

39. The plaintiff incorporates the allegations and comments
heretofore made in paragraphs 1-26 as if fully re-written;

40. As a consequence of defendants actions, Plaintiff was
constrained to engage the services of counsel to whom it
obligated itself to pay as Attorney's Fees the amount equivalent
to TWENTY PERCENT (20%) of the total amount to be
adjudged in favor of plaintiffs, and the costs of this suit.




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PRAYER

WHEREFORE, plaintiff requests that the Court enter judgment in
favor of plaintiff and against defendants and each of them as follows:

1. For actual damages in an amount that Plaintiff will prove;

2. For moral damages amounting to Php 300,000;

3. For exemplary damages as to each of the Defendants, in an
amount determined to be appropriate by the court;

4. For attorneys fees

5. For such other and further relief as to the court seems just in
premises.


DATED this 30th day of November 2013.



Respectfully submitted,
Buca, OngAbrantes, Tay and
Associates

Room 8
2
nd
Floor
LandCo Building
Bajada, Davao City
(082)-222-87-68
Attorneys for Plaintiff(s)


Copy Furnished:



Galagar, Laurel, Rizada and Associates
Davao City, Philippines



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VERIFICATION AND CERTIFICATION AGAINST FORUM
SHOPPING


I, Jane Ramos, of legal age, after having been duly sworn in
accordance with law, depose and state that:

1. I am a plaintiff in the above-stated case;

2. I caused the preparation of the foregoing complaint;

3. I have read the contents thereof and the facts stated therein
are true and correct of my personal knowledge and/or on the
basis of copies of documents and records in my possession;

4. I have not commenced any other action or proceeding
involving the same issues in the Supreme Court, the Court of
Appeals, or any other tribunal or agency;

5. To the best of my knowledge and belief, no such action or
proceeding is pending in the Supreme Court, the Court of
Appeals, or any other tribunal or agency;

6. If I should thereafter learn that a similar action or
proceeding has been filed or is pending before the Supreme
Court, the Court of Appeals, or any other tribunal or agency, I
undertake to report that fact within five (5) days therefrom to
this Honorable Court.


___________________________
JANE RAMOS
Affiant


SUBSCRIBED AND SWORN to before me this ___
day of __________ 200_ at _________________ affiant
exhibiting to me his Community Tax Certificate
No.____________________ issued on ________________
200_ at ______________ City.



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WITNESS MY HAND AND SEAL.

JADE P. GO
Notary Public for Davao City
Until December 31, 2013
Notarial Commission No.485-2011
Roll of Attorney No. 82,287
PTR No. 88772;1/2/11;Davao City
Doc. No. 005; IBP No. 8722; 1/2/11; Davao City
Page No. 003; Tin No. 654-852-321
Book No. 001; Second Floor, JAC Building
Series of 2013. J.P. Laurel Ave.Bajada,Davao City





Copy Furnished

Galagar, Laurel, Rizada Law Firm
Davao City

Received by:
Date: