|
Monday, March 29, 2004
Negligence of 2 doctors led to boy’s death: court
TWO doctors were found guilty of gross negligence for the death of an eight-year-old boy 12 years ago, and were ordered to pay the victim’s family over P1.3 million in damages.
The Regional Trial Court (RTC) convicted Dr. Carlos Gerona, the attending physician, and Dr. Vicente Jabagat, the anesthesiologist, for the death of Allen Key Bontilao.
The case was filed by Allen Key’s parents, Alfredo Bontilao and Shirlena Limotan Bontilao.
Gerona and Jabagat were previously acquitted of the criminal and administrative charges. However, RTC 6 Judge Anacleto L. Caminade found them guilty of negligence so “gross that it amounted to bad faith.”
Caminade cited Section 2176 of the Civil Code, which provides that whoever, by act or omission, causes damage to another through fault or negligence should pay for the damage done.
Court records showed that Allen Key was a healthy boy until his death. He fell at the poultry house of his parents on Dec. 27, 1991 and suffered a bone fracture in his right wrist.
The boy died of asphyxia as he was undergoing surgery at the Gullas College of Medicine on June 24, 1992, after he was given the wrong anesthesia.
Sherlina, a clerk of Gullas College of Medicine, was at the operating room and witnessed what transpired. She saw Jabagat administer the anesthetic in the presence of Gerona.
When Allen Key became unconscious after receiving the anesthesia, Jabagat tried to intubate the boy for ventilation for five minutes but failed. Blood oozed from the boy’s mouth. The next thing she knew, Allen Key was dead.
An autopsy by the National Bureau of Investigation on the body revealed that the boy died of asphyxia due to congestion and edema of the epiglottis. Allen Key died because his lungs collapsed.
The court believes the collapse was triggered by the absence of oxygen in the lungs and other vital organs. The failure to intubate the boy resulted in asphyxia or cardiac arrest.
In resolving the case, the court cited Rogelio E. Ramos, et. al vs. Court of Appeals, in which the Supreme Court found guilty of negligence the doctors who operated on Erlinda Ramos’ gall bladder.
Because of the doctors’ negligence in giving anesthesia, Ramos, a healthy 47-year-old woman, sustained brain damage and fell into a coma during an operation on June 17, 1985.
In Allen Key’s case, the court observed that while the plaintiffs proved their case, Jabagat and Gerona failed to prove they were not negligent.
No one gave a credible explanation how an operation for a bone fracture could result in death. The nature of the injury normally wouldn’t cause death unless the doctors were negligent.
Jabagat opted to remain silent and didn’t present evidence despite several opportunities given him by the court.
Gerona, on the other hand, said Jabagat is solely to blame.
The court did not accept this, and ruled instead that the fault of Jabagat is also the fault of Gerona as both are equally in charge of Allen Key.
The court ordered the two doctors to pay jointly and severally P1,387,500 the victim’s family for the boy’s death. EOB
(March 29, 2004 issue)
Write letter to the editor. Click here.
Join the Sun.Star message board. Click here. |
|
[return to top]
[home]
[network page]
|
LOCAL NEWS
BUSINESS
OPINION
SPORTS
LIFESTYLE
FEATURE
SUPERBALITA
WEEKEND
|
