AN American has filed a P5.16-million damage suit against a local urologist and a private hospital before the Regional Trial Court in Cebu City for alleged medical malpractice.
Daniel Patrick Trudell filed the complaint for damages against Dr. John Mata and Perpetual Succour Hospital after the doctor allegedly failed to remove his entire prostate gland and surrounding tissues during a surgery meant to stop the spread of cancer cells.
“He (Dr. Mata) utterly failed to completely perform what he was engaged to do...the proper treatment was administered incorrectly and wanting,” read Trudell’s complaint prepared by his lawyer, James Benedict Florido.
In his letter-reply dated Aug. 5, Mata denied committing medical negligence and labeled Trudell’s complaint as “vague speculation.”
The doctor, through the hospital’s lawyer Marc Achilles Phua, said that Trudell did not return to the hospital for his follow-up checkup two years after the surgery.
Phua, who is also a doctor, said Trudell actually “improved” when he was discharged from the hospital after his surgery. The American suffered from recurring urinary tract infection, a complication which cannot be attributed to his surgery, said Phua.
Phua said Mata is a “well-trained urologist” in Cebu who had not committed medical malpractice.
“It would be irresponsible on our part to presume negligence or malpractice by physicians solely on the outcome of a patient’s surgery,” said Phua.
Likewise, the lawyer pointed out that Trudell is cancer patient. “We have yet to see anybody who can guarantee results,” said Phua. Nevertheless, the lawyer said they are open to a case settlement.
In his complaint, Trudell, of Liloan town, Cebu, said he discovered he has prostate cancer after he underwent a prostate core biopsy at Cebu Doctor’s University last Aug. 17, 2010.
Therapy
On Nov. 26, 2011, Trudell underwent a radiation therapy at St. Luke’s Hospital in Manila, where 75 “seeds” were implanted on his prostate to stop the cancer. But it didn’t lower the prostate antigen levels, so Trudell sought further diagnosis and treatment at Perpetual Succour.
In August 2013, Trudell visited the Cebu Urologic Institute where he met Dr. Mata. The urologist advised the American to undergo radical prostatectomy.
The surgery involves a complete removal of the prostate gland, seminal vesicles and the surrounding tissues.
Last Aug. 29, 2013, Mata performed a surgical procedure on Trudell at the Perpetual Succour.
In December, 2013, Trudell visited Mata after experiencing incontinence and urinary tract infection after the surgery. Mata then conducted another operation.
Still unwell, Trudell sought further treatment at St. Luke’s Medical Center, which, after conducting two CT scans, announced that “normal-sized” prostate and remaining seminal vesicles are seen in the mid to inferior aspect of the prostate gland.