Admin charges recommended vs.

3
doctors, nurse 
CEBU CITY, Philippines-- A committee tasked to investigate the posting on YouTube of an
unauthorized video of rectal surgery performed on a patient at the government-run Vicente Sotto
Memorial Medical Center in Cebu City has recommended the filing of administrative charges against three
doctors and one nurse in a decision immediately protested by the victim as a cover-up.

In its one-page report read out on Friday by the hospital's chief of clinic, Dr. Roque Anthony
Paradela, the committee said it found probable cause to file an administrative case against the four for
violation of the provisions of Republic Act 6713 or Code of Conduct and Ethical Standards for Public
Officials and Employees.

The hospital formed the fact-finding committee to look into the circumstances behind the video
recording of the Jan. 3, 2008 surgery that was later posted on YouTube, a free video-sharing site on the
Internet.
The committee report did not bear anyone's signature or the hospital's logo. Paradela also refused to
identify the doctors and the nurse against whom administrative charges were recommended.

The 39-year-old patient from Basak-Pardo village was angry over the results of the investigation
and accused the hospital's management of covering up the case by hiding the identities of the doctors
and nurses involved, said Basak-Pardo barangay captain David Tumulak.

Tumulak said the victim, whose identity was being withheld, planned to file criminal, civil and
administrative charges against the doctors and nurses with the Office of the Ombudsman, the
Professional Regulatory Commission, the Civil Service Commission and the Department of Health.
He said the victim would have forgiven those involved had the hospital management revealed their
identities.

But Paradela defended the hospital's refusal to identify the people involved.

"This is an internal operation and this is not final. And there's an ongoing investigation at the
Ombudsman and [the Department of Health] Central Office," he said.

The hospital's investigation report said that while the surgical team could have been excited
because it was an unusual case resulting in the cheering during the operation, their behavior was
excessive and inappropriate.

The operation involved the removal of a perfume canister that got stuck in the patient's rectum
after what he had described as a drunken sexual encounter with a male partner on New Year's Eve.

The committee also recommended the issuance of a stern warning against one doctor and three
nurse supervisors, who were advised to be more cautious in their performance of their duties as
supervisors.

The committee also recommended that the clinical instructor and nurse trainees from a nursing
school in Cebu who probably misbehaved inside the emergency operating room 2 during the surgical
procedure would no longer be accepted for internship duty at the hospital.
 It also recommended to the concerned nursing school that disciplinary action be taken on the
student who was allegedly responsible for posting the video on YouTube.

When asked why only three doctors and one nurse were recommended for administrative
charges when more than 10 people were shown in the video, Paradela said he would rather "refuse to
expound."
He also refused to specify the specific roles of the four found to be administratively liable.

When asked why one doctor and three nurse supervisors were recommended for stern warning
only, Paradela said that each had different levels of participation.

The other people shown in the background of the video came from within the operating room
complex, Paradela said.

He said he could not give any answer as to why the others present in the operating room were
not among those recommended for sanction.
Reaction:
Being a professional, first the members of the operation should know that the patient has a right
to have privacy. They should not take those videos and photographs. They are not allowed to do it
without a permission of the patient. As I’ve watched the news about it some says that the license of the
nurses and doctors who did the operation should be removed. It is an act of malpractice. Let’s just stick
to the question “What if you are the patient?”. Me? If I were the patient I will be pissed off about what
they did. They also spread the videos and photographs that’s why the patient is so awful. He cannot go
anywhere because some people know about what happen to him. He is ashamed of what happened. And
if I was the nurse on duty there and I saw somebody taking a video I will remind them that it’s not good
to do it. They should know that it is an invasion of privacy. Any medical practitioner who performs any
act constituting medical malpractice or the illegal practice of surgery shall be punishable by imprisonment
or fine or both and, in all instances, the cancellation of the license to practice medicine. The crime of
malpractice shall be prosecuted upon the filing of a complaint by any of the patient, parents or legal
guardians of the patient grandparents or collateral relatives an officer or social worker of the Department
of Social Welfare and Development or of a duly licensed child caring institution, orphanage, home  for the
aged, mental hospital, or other similar institutions under whose care or custody the patient is committed.
Medical malpractice and/or the practice of illegal surgery shall be punished by prison mayor  and the
cancellation of the license to practice the medical profession and a fine ranging from Five Hundred
Thousand Pesos to One Million Pesos in the discretion of the court taking into consideration all attending
circumstances. Any other crime committed by reason or on occasion of malpractice shall be considered
as a separate offense and the rules on complex crimes shall not apply. In no case shall malpractice be
considered as a mere aggravating circumstance when it is committed by reason or on occasion of the
commission of another crime.
 Homework in

Professional
Adjustment
(An article about malpractice)

Submitted to: Mrs: Louvelle Partosa

Submitted by: Maiabelle Malapitan
BSN 4A2-8