Pa of dead boy settles with doctor-A A +A
Tuesday, August 27, 2013
THE father of a three-year-old boy, who died in September 2011 allegedly due to alleged medical malpractice, has settled the case with a government doctor.
Complainant Davin Sedeño signed a compromise agreement with Dr. Mary Joy Villalon, a surgical resident of the Vicente Sotto Memorial Medical Center (VSMMC), to put an end to a damage suit and other charges arising from same incident.
Judge Simeon Dumdum Jr. approved the compromise deal for being “not contrary to law,
morals, good customs and public policy.”
Sedeño, of Barangay Lawaan in Talisay City, filed a P2.4-million damage suit against VSMMC and two physicians.
Sedeño alleged the negligence of Villalon “proximately caused” the death of his son, Raven James Claros, supposedly due to “pneumonia and dehydration.”
The child’s father lamented the doctor “did not exercise reasonable skill and care in treating Raven after the surgery.”
Named defendants to the suit were Doctors Villalon and Gerardo Aquino Jr., the VSMMC chief.
Sedeño asked the court to order the defendants to pay him damages of P2,454,600, which includes P1,844,600 in actual and compensatory damages, P500,000 in moral damages, P100,000 in exemplary damages and P10,000 in attorney’s fees.
But the VSMMC, through the Office of the Solicitor General (OSG), said the damage suit ought to be dismissed for being “patently an unconsented suit against the State that is prescribed by law and jurisprudence.”
In the motion to dismiss, the OSG pointed out the complaint should be junked for failure of the complainant to state cause of action.
Villalon, in her reply to the suit, said the complaint was “fatally defective” and must be dismissed.
Villalon also turned the table on Sedeño, whom she accused of extorting money from her “who faithfully serves and works for the community.”
Villalon also asked the court to order the plaintiff to pay her P1.45 million in counterclaims to compensate for the filing of a “malicious suit” against her.
Judge Dumdum, of the Regional Trial Court branch 7, dismissed with finality the damage suit against VSMMC and Aquino for failure of the complainant to state cause of action.
The judge also denied the second motion for reconsideration filed by Sedeño.
In the agreement, Dr. Villalon agreed to buy a memorial lot at the Cebu South Memorial Garden in Barangay Upper Mohon, Talisay City.
The physician also paid for the expenses of exhumation and burial of the boy.
The doctor agreed to pay the complainant P30, 000 in three instalments “without admitting any liability just to buy peace.”
In exchange, Sedeño executed an affidavit of desistance dropping all the charges, including cases she filed against the doctor in court, Office of the Ombudsman Visayas and the Professional Regulations Commission.
Dumdum ordered both parties to “faithfully observe and comply” with the agreement.
Published in the Sun.Star Cebu newspaper on August 27, 2013.