THE Makati City Prosecutor's Office has ordered the filing of charges of reckless imprudence resulting in serious physical injuries against a lady doctor of the Belo Medical Group Inc. (BGMI) for a botched facial procedure on a New Jersey-based nurse.

The resolution signed by Makati Second Assistant Prosecutor Edgardo Hirang said Dr. Jennifer Roslyn Sison-de Leon failed to exercise caution while performing the Thermage procedure on Leila Palaganas, resulting in injuries.

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"The accused did then and there, in reckless, careless, negligent, and imprudent manner, without taking the necessary precaution, perform Thermage procedure on private complainant Leila Palaganas, the accused knowing well that she is not a certified Thermage practitioner to perform such procedure, thereby inflicting upon private complainant conspicuous and permanent scars and marks that constitute physical ugliness and permanent deformity," Hirang said in his resolution.

The resolution also ordered de Leon to pay P2,000 as bail for her temporary liberty while the case will be heard by the Makati Metropolitan Trial Court (MTC).

But Hirang dismissed the same charges against Dr. Victoria "Vicky" Belo, owner of BGMI, for lack of merit, though he added that civil charges may be filed against her or BGMI by the complainant.

Palaganas's lawyer, Arnold Naval, said they will file a motion for reconsideration to the junking of charges against Belo.

The 50-year-old Palaganas, who worked at the Rahway Hospital in New Jersey, earlier demanded P20 million from the cosmetic surgeons for the permanent scars on her face after undergoing the procedure last year.

In her complaint, Palaganas said she suffered and is continuing to suffer from "debilitating emotional stress" due to the injuries she sustained after undergoing the facial Thermage procedure performed by Sison at the BGMI clinic in Medical Plaza, Makati City last July 8, 2008.

Thermage is a non-surgical procedure that removes and smoothes out facial wrinkles with the use of radio-frequency technology called ThermaCool.

The complainant told the prosecutor she went to BMGI on July 5, 2008 for consultation and was referred to de Leon, whom she claimed convinced her to have a Thermage operation on her face.

"But right after the procedure, I was so horrified to see my face swollen and with bruises and blisters, especially on the right side," Palaganas recounted, adding that de Leon instructed her to apply Burrow's compress and laser cream on her face so her face will go back to normal.

Palaganas returned to the BMGI clinic after three days, where she said she underwent Lymphatic drainage and a so-called Light therapy on her face to reduce the swelling.

When she returned to the US on July 21, Palaganas said her facial condition worsened and her face got deformed, with permanent ugly scars and dark masks.

She pointed out that she e-mailed de Leon and Belo immediately, but did not get any reply.

She added that she only recently discovered that de Leon is not a certified Thermage practitioner and that Belo "recklessly" allowed her to perform the procedure.

In their response, Belo and her cosmetic surgeon both said they are innocent of the charges, with the former saying she was not even present when the procedure was conducted.

Moreover, Belo added that the complaint falls short of satisfying the legal requirements of both Article 365 on imprudence and negligence and Article 263 on serious physical injuries as stated in the Revised Penal Code.

She, likewise, stressed that contrary to Palaganas's assertion, the latter failed to raise any evidence to show that there was indeed conspiracy among the respondents.

Finally, she said that contrary to Palaganas's claim, de Leon is a certified Thermage practitioner.

The lawsuit against Belo's company is reminiscent of a similar damage suit a Filipino-American businessman has filed against celebrity cosmetic surgeons Drs. Manny and Pie Calayan over an allegedly failed penis enlargement operation.

The Makati Prosecutor's Office had dropped all the complaints of 34-year-old Louem Martinez, ruling that there was no evidence that the Calayans had caused the damage to his sex organ. (AH/Sunnex)