Tuesday, August 05, 2008 Nurse in Jan-Jan case considers countercharges
IN hopes of trying to make ends meet, Vicente Sotto Memorial Medical Center (VSMMC) circulating nurse Carmina Sapio had to find her own way of making a living while she is currently being preventively suspended.
“Nagsariling sikap nalang siya karun,” (She’s trying to earn by her own) said her legal counsel, attorney Joseph Alo.
While being preventively suspended for three months, Sapio is not entitled to receive any pay.
“You have no idea how much it must hurt, she is deprived of her salary,” said Alo.
Sapio, along with VSMMC Dr. Philips Leo Arias, head surgeon and Dr. Max Joseph Montecillo, surgeon, was suspended in May in order to make way for the investigation on administrative charges against them over the controversial rectum operation on Jorolan.
Sapio’s three-month preventive suspension would be served on Aug. 10, said Alo.
However, even if Sapio would have served her preventive suspension within five days, Alo said that they might still file charges against Jorolan.
“I am waiting for the ruling of the civil service commission if they would consider the preventive suspension as null,” said Alo.
No jurisdiction
Alo explained that since the Office of the Ombudsman took over with the case, the preventive suspension was no longer in the jurisdiction of the health department.
“The preventive suspension was just unlawful,” Alo told Sun.Star Cebu.
After being accused of “gross neglect of duty” during Jorolan’s operation in order to remove a perfume canister from Jorolan’s rectum, Sapio and two doctors were preventively suspended.
However, Alo questioned the reason why Sapio was accused of “gross neglect of duty.”
“Sapio is only the circulating nurse. Why accuse her of gross negligence, because of the failure to maintain the crowd in the operating room, katong mga namakpak (those who clapped their hands)?” he asked.
If failure to control the crowd inside the operating room was the reason Sapio was accused of gross negligence, then the accusation lacked grounds.
“During the pre-hearing, even (Gerardo) Aquino said that VSMMC had no OR (operating room) manual to be followed. Technically, it does not include controlling the crowd at the OR,” said Alo. (EPB)
