THE Regional Trial Court (RTC) has directed a local urologist and a private hospital to answer the P5.16-million damage suit filed by an American national over alleged medical malpractice.
RTC Branch 5 clerk of court Manuel Nollora gave Dr. John Mata and Perpetual Succour Hospital 15 days to answer the civil complaint for damages Daniel Patrick Trudell filed last month.
Nollora reminded the hospital to refrain from filing a motion to dismiss and instead, state their ground for dismissal when they answer the petition.
“If you fail to answer within the time fixed, the plaintiff will take judgment by default and may grant the relief applied for in the complaint,” the RTC summons read.
Trudell sued Mata and the hospital after the doctor allegedly failed to remove his entire prostate and the tissues surrounding the gland during the surgery meant to stop the spread of cancer cells.
Reply
“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 called Trudell’s complaint “vague speculation.”
The doctor, through the hospital’s lawyer Marc Achilles Phua, said two years after his surgery, Trudell did not return to the hospital for his follow-up checkups.
Phua, who is also a doctor, said Trudell’s condition “improved” when was discharged from the hospital after his surgery.
The American suffers from recurring urinary tract infection, a complication that cannot be attributed to his surgery, said Phua.
Phua said Mata is a “well-trained urologist” in Cebu and has never 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.
“Botched” operation
In his complaint, Trudell said he discovered he has prostate cancer last Aug. 17, 2010.
On Nov. 26, 2011, Trudell underwent brachytherapy at St. Luke’s Hospital in Manila, where 75 “seeds” were implanted in his prostate to cure or stop the cancer.
The therapy did not work, so Trudell sought further medical diagnosis and treatment.
Trudell accused Mata of failing to perform due negligence and ordinary prudence required of him as a doctor of medicine.
“He (Mata) did not take the steps necessary to determine and ensure that surgical procedure he was engaged to conduct was done completely and fully,” said Trudell.
He said Mata’s alleged negligent acts caused him a series of expensive and grueling scans and tests from medical institutions both local and abroad.
Trudell asked to court to order the defendants to pay him P2,464,648 as actual damages; P2 million as moral damages; P500,000 as exemplary damages; and P200,000 for litigation expenses.