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Monday, April 21, 2008
Health office may name patient 'abusers'
By Nancy R. Cudis
CEBU CITY -- While the Department of Health (DOH) 7 is finalizing its report on the Vicente Sotto Memorial Medical Center (VSMMC) incident, it prepares to disclose its findings in a media forum Monday.
DOH 7 Director Susana Madarieta said they will answer questions on the details of the report, which they will submit to DOH Secretary Francisco Duque III. They will no longer call for a press conference to discuss their report.
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"(But) the media can always find out. You can ask us. Our investigating team will attend a media forum Monday," she said.
Madarieta said the report they will submit to Duque will contain findings, including proposed sanctions on the medical team involved in the controversy over the January 3 operation for the removal of a body spray canister from the rectum of a gay florist.
The procedure, done at the VSMMC, caught media attention when videos of the procedure were circulated through camera phones and the Internet after a medical student allegedly uploaded it to YouTube.
The video showed a team of around 10 doctors and nurses hollering and laughing, especially when the canister was successfully removed.
She also said that what the hospital disclosed last Friday was merely a summary of a six-page comprehensive report submitted to her office and the Office of the Ombudsman-Visayas.
Up to DOH
Based on the report, the DOH 7's committee tasked to investigate the matter worked overtime since Friday to finish a separate report that will be submitted to Duque on Monday.
Dr. Emmanuel Gines, VSMMC media liaison officer, confirmed that they submitted a six-page report to DOH 7 but refused to give details.
"It's up to them (DOH 7 if they will divulge them or not)," he told Sun.Star Cebu Sunday night.
Apart from the findings, DOH 7's report, according to a source, reportedly contained the names of the medical team involved in the controversial surgery.
Disappointed because the hospital did not reveal the names of the doctors and the nurse, the patient who identified himself as Jan-Jan is bent on asking for damages from the medical team and the hospital.
He will send a formal letter requesting the VSMMC to furnish him copies of all records of his surgery.
Due process
Gines said the hospital grants request for copies of medical records if the patient shows up at the hospital or through a court-issued subpoena.
He said the concerned doctors and the nurse "should be ready for whatever will happen."
"I'm sure they have their own plans on what to do. We didn't disclose their names to the public because they are still a part of the institution (VSMMC). In the meantime, as we are undergoing due process, they are transferred to other departments," Gines said.
Dr. Elaine Teleron, DOH 7 Integrity Development Committee head; Dr. Angelita Salarda, DOH 7 Health Regulatory Division head; engineer Miguel Gerson, DOH 7 Hospital Maintenance Service chief; administrative officer Elizabeth Tabasa; and personnel officer Rebecca Bulawan, composed the committee.
Findings
As of Sunday, however, the committee's findings were not yet finalized, Madarieta said.
She declined to reveal what the findings were as she did not want to preempt other investigations, especially that of the Ombudsman.
She also has yet to sit down with members of a panel tasked to review whether or not the committee's findings are similar to that made by the VSMMC, and if there is a need to issue a separate public statement.
"In a way, the punishment is starting as they (doctors and the nurse) are (already) bothered by the issue being made known through media reports. We are going to teach them (a lesson). But we are not going to punish them forever. There will be a chance (for them) to prove that they have changed, and a chance for them and the patient to move on," she added.
Participation
Sanctions will depend on the level of participation of each member of the medical team.
It could range, Madarieta said, from reprimand to suspension or even dismissal and perpetual ban from serving any government hospital.
For her, though, dismissal is too heavy a punishment, as no medical malpractice was committed.
Gines, however, said Sunday that the reassignment of the medical personnel involved is not a punishment. They are still with VSMMC but no longer assigned to the operating room.
"Dili gani sila lang. This is done while waiting for the due process (to take place)," Gines said (The reassignment involved other personnel).
Madarieta said Duque will immediately review the findings once the report reaches his office.
She said if there are still issues that need clearing up, it is now up to Duque to decide to either summon the appropriate person or have a team visit them here.
"But I think it won't take long because Secretary Duque himself wants to clear this issue the soonest possible time," she said in a telephone interview Sunday.
Duque earlier ordered her office to conduct an "immediate, separate, and comprehensive investigation."
While Duque also believed that the medical team should be sanctioned, he stressed that the health agency can only endorse the revocation of the licenses of those involved.
The video, which runs for more than two minutes, captured individuals taking footages of the operation using mobile phones and cameras.
And while the face of the unconscious Jan-Jan was not shown, loud cheering and shouting can be heard.
Somebody even called the canister a "baby," likening the operation to a birthing procedure. One also opened the canister and sprayed its contents in the air.
Documents
The canister was inserted by Jan-Jan's male sex partner on New Year's Eve.
Jan-Jan, 39, of Barangay Basak Pardo, Cebu city, believed he was the patient in the video, and decided to press charges.
Documents such as the referral slip issued by his surgeon for a follow-up check-up with a psychiatrist, prescriptions, and a discharge order form part of his evidence.
Presenting the results of its inquiry last Friday, the VSMMC said an administrative complaint should be filed against three doctors and one nurse involved in the operation for possible violation of Republic Act 6713 or the Code of Conduct and Ethical Standards for Public Officials.
The hospital, though, said it still has to verify if Jan-Jan was indeed the patient in the video.
It likewise sought the help of the media and the National Bureau of Investigation (NBI) 7 in identifying the student who uploaded the video and the man who inserted the canister into Jan-Jan's rectum. (With CYR of Sun.Star Cebu)
For more Philippine news, visit Sun.Star Pampanga. (April 21, 2008 issue)
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