Complaint vs 2 DOH 7 officials, government doctor dismissed

THE Office of the Ombudsman-Visayas has junked the homicide through reckless imprudence charge against two local health officials and a government doctor, who were blamed for the death of a six-month-old infant in 2011.

Graft Investigator Vivien Leigh Lumangtad said there was not enough evidence to convict Dr. Susana Madarieta, former Department of Health (DOH) 7 director; Dr. Wilfredo Dublin Jr., DOH 7 medical specialist; and Dr. Ralph John Noval, pediatric resident of the Vicente Sotto Memorial Medical Center (VSMMC).

The case stemmed from the complaint that Rene Teleron and his wife Jojean filed last May 18, 2012.

The couple said their daughter Nancy Margaret was admitted at the North General Hospital for 12 days for severe pneumonia and congenital heart ailments.

Background

Worried about the mounting cost, Rene, on Oct. 2, 2011, sought the help of his friend Bob Madarieta, husband of Dr. Madarieta, to see if he could transfer his daughter to the VSMMC.

On Oct. 4, the couple arrived at the VSMMC with their baby at 4:45 p.m. She could not be admitted to the intensive care unit immediately since someone had just died there and it was still being cleaned.

Around 6 p.m., the couple said they requested Dr. Noval to attach the ventilator and oxygen to their daughter, but the doctor continued asking more questions.

At 7:30 p.m., Noval declared Nancy Margaret dead.

Dr. Madarieta, in her counter-affidavit, said she just accommodated the couple’s request.

Noval, for his part, said the baby was brought to the VSMMC without portable support equipment like a transport-type ventilator and infusion pump.

Based on his initial assessment, Noval said the baby was not breathing on her own but had to be sustained by positive pressure ventilation.

No basis

It was while he was gathering her medical history that he was informed her condition had deteriorated.

In the resolution, Lumangtad found no basis to indict the respondents.

Lumangtad said Madarieta and Dublin never treated the patient, so they could not have committed inexcusable lack of precaution resulting to her death.

The ombudsman also said Noval was merely following regular hospital protocol when he interviewed the patient’s parents to get the baby’s medical status.

“Complainants could not simply assume medical history of Baby Nancy and the treatment she received from North General Hospital. Any doctor under the same circumstances would have done the same thing,” the ombudsman said. (GMD)

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