MIRIAM CALLS FOR PROBE ON CEBU HOSPITAL YOUTUBE SURGERY
MANILA, MAY 4, 2008 (STAR) By Aurea Calica - Sen. Miriam Defensor-Santiago has filed a resolution calling for an inquiry in aid of legislation into the unprofessional conduct of the Vicente Sotto Memorial Medical Center’s medical staff that videotaped a rectal surgery on a patient and posted the video on the Internet.In Senate Resolution 371, Santiago said the perpetration of such abuse, not only against victim “Danilo” but also against all other patients, should not be allowed to continue.
“A firm stand must be taken to show support to all medical patients undergoing sensitive surgery,” Santiago said.
Using a cellular telephone, a surgical team in the Cebu hospital videotaped a medical procedure on “Danilo” to extract a perfume canister from his rectum. The video recording was made without the consent of the patient.
It was shown in the video that the medical staff that attended the surgery made jokes and jeered as they performed the procedure.
“To compound the crime with ignominy and cause the patient greater personal dishonor and humiliation, the video was posted online with open access to all Internet users through (video-sharing website) YouTube,” Santiago said.
She joined Health Secretary Francisco Duque III in condemning the conduct of the erring medical staff that violated hospital protocol.
Santiago said she also filed Senate Bill 1521 to provide an option for victims of medical malpractice to get back at those responsible.
Under the bill, a victim may file a case before the Philippine Medical Association against one of its members and the PMA may then impose penalties on errant members through reprimand, suspension or expulsion.
Santiago proposed to accredit the PMA as the country’s integrated medical professional organization to curb negligent medical practices, maintain a standard of ethical conduct among its members and improve the country’s health care delivery system.
The bill requires all physicians to become members of the PMA and to abide by its rules and regulations before they can practice their profession in the country.
“This bill will rid the medical profession of so-called misfits found to be negligent in their practice. The negligent acts of doctors led to a spate of incidents wherein patients either died, were maimed, scarred or suffered physical injuries,” Santiago said.
Under present laws, a patient has three options to remedy or punish such negligent acts: the filing of a criminal action under the Revised Penal Code under Article 365 (reckless imprudence); filing of a civil case for the recovery of damages, and third is the filing of a case before the Professional Regulation Commission for the revocation of the license of the doctor.
“Patients might find the current option not suitable for his need because: a court or administrative actions are time consuming as the courts and the PRC are clogged with other cases; filing of such actions are financially burdensome on the patient; and court or administrative actions are mired in technicality, especially those concerning evidence, the presentation and weighing of which must adhere to the strict technical rules of procedure and evidence,” she noted.
Santiago said the bill would provide a patient with a fourth option, that of filing a case with an integrated professional medical organization.
“If the bill is passed, the medical profession, just like the legal profession, will be integrated into one accredited organization. No doctor can practice his profession unless he becomes a member of such integrated professional organization. An aggrieved patient may now seek the revocation of membership of the doctor from the integrated professional medical organization. The threat of revocation will carry a lot of weight since the livelihood of the doctor depends on his continued membership in the organization,” Santiago said.
“If the bill is passed into a law, we will be creating a professional medical organization already in place without government spending a single centavo, which can serve as an extension of the government in regulating the medical profession, maintaining the ethical conduct of medical professionals and help in the continued delivery of quality health care,” she noted.
Reported by: Sol Jose Vanzi
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