Suspension of doctors, nurses sought for operation scandal

By Jhunnex Napallacan, Carine M. Asutilla Cebu Daily News First Posted 14:13:00 05/07/2008 Filed Under: Crime, Law & Justice CEBU CITY, Philippines ? The patient who had a perfume canister removed from his rectum at the Vicente Sotto Memorial Medical Center (VSMMC) is seeking the suspension of the medical staff that made fun of him during the surgery. Guiller Ceniza, lawyer of patient Danilo (real name withheld), said his client would ask the Office of the Ombudsman in the Visayas to place the seven doctors, five nurses and two clinical instructors under preventive suspension pending investigation. ?That?s important to send a strong message, a stern warning, that what they did was not good. But we will look at the individual participation because the others may simply have been curious and did nothing. It?s just to be fair to the others,? Ceniza said. Ceniza said they would also file a separate criminal complaint for slander by deed or libel with the Cebu City Prosecutor?s Office. He said the investigation report of the Visayas Ombudsman delved only on the issue of graft. It did not discuss slander by deed committed by the doctors and nurses during the operation at the Vicente Sotto Medical Memorial Center (VSMMC). Ceniza said they were serious in their plan to file a civil suit for damages before the Regional Trial Court. Ceniza said it was good that they delayed the filing of civil case because now, they had the names of the medical staff based on the evaluation report filed by the Visayas Ombudsman. Last Monday, the Visayas Ombudsman approved the upgrading of the complaint against the medical staff after finding reasonable ground to charge seven doctors, five nurses and two clinical instructors, with violation of Section 3 (e) of Republic Act 3019 (Anti-graft and Corrupt Practices Act). The section holds a person liable for ?causing any undue injury to any party, including the government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions.? Any person found guilty of an offense defined by RA 3019 faces a prison term from one

to 10 years. Except for the two clinical instructors who were not personnel of the VSMMC, the rest would face an administrative case for grave misconduct, the Ombudsman said in its final evaluation report on the incident. The investigation and the filing of charges stemmed from the uploading of the rectal surgery video to the video sharing website YouTube, which showed the doctors and nurses laughing and making fun of Danilo as they removed a perfume canister from his rectum. The seven doctors are surgeon-in-charge Dr. Phillips Leo Arias; Department of Surgery consultant, Dr. Marlowe B. Parreno; assistant surgeon, Dr. Angelo Linawagan; Dr. Joseph Alfred B. de Leon, who was assigned to handle documentation; resident anesthesiologist, Dr. Joanne Mae M. Merilles; Department of Anesthesiology consultant Dr. Serapio T. Salazar; and Dr. Max Joseph P. Montecillo of the Department of Surgery. The Ombudsman identified the five nurses as operating room nurse supervisor Isabelita R. Remulta; circulating nurse Carmenia C. Sapio; operating room nurse supervisor Consuelo B. Tecling; nurse-on call Ida B. Sumayang; and nursing attendant Rosemarie M. Villareal. The two clinical instructors were Mr. A. Oplado for the University of Southern Philippines and Ramon Penley ?Monching? M. Pandaan for the Southwestern University. Merlo Bagano, legal counsel of Arias, said he would not comment on the Ombudsman's findings as he had yet to receive an official copy of the report. The evaluation report of the Visayas Ombudsman only proved that the investigation conducted by the hospital was done to protect some people, said Ceniza. He said the hospital only recommended the filing of administrative charges against a few people whom it did not name in a press conference. Other personnel were given a stern warning, he added. Ceniza said the names eventually cropped up when Health Secretary Francisco Duque III mentioned some of them. Now, the Ombudsman even identified 14 people. ?This means that the investigation of VSMMC cannot be trusted. It can be categorized as a whitewash, covering up favored personalities so that they would not be hit by any liabilities,? Ceniza said.