Thursday, October 11, 2007 Barili mom to file crime raps v. doctor
THE husband of a doctor in Barili town, Cebu accused of negligence in handling a dengue patient denied yesterday accusations made by the baby’s mother.
Mary Grace Maribao blamed Dr. Fe Villegas for the death of her eight-month-old baby Matthew due to dengue. She filed a complaint against the doctor before the Professional Regulation Commission (PRC) 7.
She is also preparing criminal charges against the doctor.
Dr. Claro Villegas, former chief of the Barili District Hospital, said he attended to Maribao’s baby with his wife when the patient was taken to their private clinic.
In a telephone interview with Sun.Star Cebu, Claro said the baby was admitted to their clinic on a Sunday with high fever and diarrhea. He said they immediately gave him intravenous fluids and antibiotics, believing that the baby was suffering from dysentery.
He said they gave Valium to Matthew because the baby was “restless” and needed to be “sedated” so he could “relax.” Even the Vicente Sotto Memorial Medical Center (VSMMC) in Cebu City, he said, gives Valium to patients.
Maribao said in her affidavit that the doctor “injected Valium into my child on the very flimsy reason that my son’s persistent crying can disturb other patients.” Claro said they were confused because they referred the baby to the VSMMC in the morning of Sept. 26 and yet records show that the patient was admitted only on Sept. 27.
“Where were they that time? Why didn’t they immediately go to VSMMC?” Claro said yesterday.
A nursing attendant of an ambulance issued an affidavit stating that he insisted on giving the baby dextrose before bringing him to the city, but Fe allegedly refused.
Emergency
On this, Claro said the ambulance was waiting with another “emergency” patient inside. Considering that, and the fact that it “would still take time” to hook up the intravenous fluid, they thought it best for the ambulance to go because the baby was “rehydrated” already.
“We said to just give the dextrose at Sotto,” he said.
Claro said they understood that the patient’s family, who has been seeking medical help from their clinic for generations, did not have money. They did not collect professional fees for attending to the baby, he said.
Claro also said he hopes that the Sisters of Mercy, a religious group, in Barili can mediate between them to settle the matter.
Claro said his wife is one of five persons expected to run for Poblacion, Barili barangay captain in the Oct. 29 election.
Fe, 66, is a former town councilor. Claro said it is possible that politics is behind the issue.
Fe is preparing the draft of her answer to the complaint against her.
According to Claro, Fe was on her way to the office of Provincial Board Member Agnes Magpale yesterday. Magpale and her staff, however, said they did not receive any call from the doctor.
Magpale’s staff member, lawyer Chad Estella, is handling the case. Magpale is a member of the Provincial Women’s Commission, which is assisting the mother.
Estella said yesterday he is already preparing the criminal complaint against the doctor. He is waiting for documents such as prescriptions and receipts of medicines given to the baby.
Difficult
Estella admitted that prosecuting the case will be difficult, pointing out the need for lawmakers to put in place a medical malpractice law.
Estella said he will depend on existing laws on criminal negligence, stressing that the case is an “eye- opener” for legislators. Estella said he does not believe that Maribao will withdraw the case. Maribao told Estella that agreeing to a settlement will not bring her son back.
Integrated Provincial Health Office Chief Dr. Cristina Giango said her office will not take part in the investigation because it concerns a private doctor.
Maribao, a resident of Canduling, Ronda, filed a complaint with the PRC 7 after what she said was Dr. Fe’s failure to carry out her work “diligently according to her oath” and for her “wanton, reprehensible and negligent acts.”
PRC 7 Acting Director Dan Malayang told Sun.Star Cebu that the first thing that the commission will do is confirm if Villegas is indeed a registered professional.
“What we have now are just allegations. It is important to know if we have jurisdiction. So the first thing we will do is to find out, is she a registered professional?”
Malayang said.
The director said that they will be asking for a certification from the PRC central office.
If the certification is given, then that’s the time that Malayang can act on the complaint of Maribao.
Malayang said they will then be asking Villegas to formally answer the complaint. PRC has a “quasi-judicial” function to act on such a complaint. The agency also has a year to resolve cases.
Unfortunately, Malayang said, PRC 7 does not have a stenographer yet. The agency has repeatedly advertised for one but there were no applicants. (JPM/with JGA)
