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Friday, May 27, 2005
Doc faces raps for 'malpractice'
By Erwin Ambo S. Delilan
* Victim did not expect the situation will turn out for the worst, an exact opposite of what the doctor claimed and is claiming to be
* Complainant says he lost the capacity to earn a living for him and his family and that he has lost a limb and its function for the rest of his life
A KNOWN physician in Kabankalan City was charged with malpractice and is now facing a P5-million damage suit for an alleged "erroneous" knee operation on a patient two years ago, that led to the amputation of the latter's left leg.
Facing a criminal complaint for reckless imprudence resulting in serious physical injuries dated May 25, 2005 before the Kabankalan City Prosecutor's Office is Dr. Enigardo Legislador, of the Medical Associates Diagnostic Center (MADC), Incorporated and the Southern Negros Doctors' Hospital (SNDH), both in Kabankalan.
In his complaint-affidavit, a copy of which was furnished Sun.Star Bacolod, John Peter Villacruz, 36, single, of Barangay Linao, Kabankalan said had it not been of the respondent's negligence, he could have retained his leg.
This reporter tried to reach Legislador for comment, to no avail.
In the affidavit, complainant said on March 16, 2003 at 5 p.m. he was brought to the SNDH by his brother, Ramon, after he was accidentally hit by gunshot, below the knee portion of his left leg.
The respondent as a resident physician had since attended to him. Legislador is also the owner of the MADC.
After thorough check-up and observation, the doctor recommended that complainant undergo immediate knee operation in an assurance that after two months, he can walk again.
Legislador then scheduled the operation on March 19, 2003--three days after he was first medically attended-- because the stainless steel that will be implanted on his leg is not yet available in Kabankalan.
During operation, Legislador was assisted by Doctors Ayuban and Javellana, an anesthesiologist, for the procedure of open reduction internal fixation with plating and screwing of Villacruz's left tibia and application of left lower posterior mold, thereby, exposing the front (anterior) portion of his left lower injured leg.
After operation and while recuperating, complainant said Legislador gave him prescription, which he faithfully and religiously followed.
However, he said despite the medications he had taken, and three days after the operation, he noticed there were liquid discharges from the operated portion of his leg that were visible because the front portion was not covered by the mold.
Villacruz said he immediately informed the nurses on duty regarding this. But he said they assured him that the case would be referred to Legislador while they continued to change the dressing of the operated area without any attention to his observations.
He said he stayed in the hospital until March 25, 2003 and was discharged despite the continued liquid discharges from the operated portion of his leg. He was also given a discharge order with take-home medications as ordered by the doctor-respondent.
He said he also immediately bought and taken as per schedule given. Two months after, Legislador removed the posterior mold from the operated leg with an assurance that the victim could walk.
But he said to his dismay, he noticed that when he attempted to move the operated leg, instead of moving on a straight motion, the leg wobbled indicating an unstable placement of the plate and screws.
Legislador then conducted a massage on the wobbling leg. Later, however, the complainant narrated that he noticed that the proximal and surrounding skin of the operated site was turning black.
Three days after the removal of the posterior mold, Legislador continued to massage the wobbling leg and applied a splint on the operated area.
Two weeks thereafter, the bone began to protrude through his skin and as a result, a posterior mold was again placed on the affected leg. Continued dressing was also conducted on the post-operated wound for about six months.
But the complainant said infection still persisted, the leg still wobbled and the blackening of the skin worsened. Legislador then suggested that the victim undergo skin frating on the blackened portion.
But aside from these conditions, Villacruz said he also noticed that the plate and screws were exposed and protruding through the skin clearly indicating an ineffective, inefficient and unstable placement of such plate and screws thereby defeating the paramount purpose of the procedures undertaken to immobilize the fractured area and allowing the healing process to take place.
"I trusted Legislador because of his being an experienced surgeon whereupon he could foresee the logical consequences of the procedure he undertook and his assurance with all certainty that he can make me walk within two months after the operation," said the complainant.
He said he never expected that the situation will turn out for the worst, an exact opposite of what he claimed and is claiming to be.
In his worsening situation, however, and alleged seemingly cavalier attitude of Legislador every time he went to him for consultation, Villacruz decided to seek for a second opinion but was referred to Dr. Ellen Joy Magbanua, an orthopedic specialist.
Upon consulting with Magbanua, the lady doctor confided in him that if she did the operation, he would not have experienced it. Thus, she recommended for amputation of the leg.
Even if it was Villacruz's hope to regain the normal function using his both legs, he opted to have his leg amputated to ease the unbearable sufferings he endured for almost a year and thus, submitted himself to medication for five days in preparation for the operation.
The amputation was held on March 12, 2004 by Magbanua. Villacruz admitted that he was greatly affected and felt downgraded of his self-worth and self-esteem.
He also said, "I suffered mental anguish and psychological torture." He further said that he lost the capacity to earn a living for him and his family considering that he has lost a limb and its function for the rest of his life.
With this, through his counsel Joseph Gedeoni Valencia, Villacruz is asking Legislador to pay him moral damages the humiliation, besmirched reputation, sleepless nights, and anxiety amounting to P5 million.
He is also claiming actual/nominal expenses amounting to about P150,000 and for exemplary damages for another P100,000.
(May 27, 2005 issue)
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