Mercado, William Joshua R. 11/21/19 BSN-4A: Reaction Paper

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Mercado, William Joshua R.

11/21/19
BSN-4A
Reaction paper

This case is popularly known as the “Somera Case” of 1929. In summary, Lorenza Somera, the
main cast was the head nurse of the operating room of a hospital. One time, she was assisting two
doctors, who were performing a surgical procedure, specifically the removal of the tonsils to a 14-year
old patient. Assisting Somera were two student nurses. In a certain instance, one of the doctors asked
the other doctor to hand in a certain medication in a syringe. It was prepared by Somera and was
handed to him by the student nurse. The first doctor then injected it to patient. A few minutes later, the
first doctor asked for more of the medication, which he injected again to the patient. After which, the
second doctor noticed some unusual reactions of the patient: paleness. The first doctor justified that
such a reaction was typical and then ordered another dose (third shot) of the medication and injected it
to the patient. A few moments later, the patient succumbed to convulsions. The two doctors attempted
to manage it by injecting adrenalin, a medication used in emergencies like this, twice. After the second
shot, the patient died. The first doctor then asked Somera if the first medication injected early on was
fresh or new. She then said it was a different medication but with a similar tongue-twisting name.
During the trial, when one of the student nurses was asked as to the name of the medication, she
affirmed she had not had the idea of what it was. But she was certain she had heard Somera verified
what the syringe contained. The decision of the court on May 7, 1929 absolved the two doctors but
declared Somera guilty of the crime charged against her. Favorable for Somera, the Supreme Court on
December 20, 1929 affirmed all the decisions of the lower court but, in view of the recommendations of
the two justices of the Supreme Court who reviewed the case upon the appeal of the defense,
unanimous recommendation of the Board of Pardon, and the petition of the Philippine Nurses
Association for Executive Clemency, the Governor-General remitted the sentence that called for prison
confinement. Provided, further, that Somera would not, in the future, violate any penal laws of the
Philippines. The main issue of the said case, although already decided, was that who should answer to
the death of the patient? The Captain-of-the- Ship doctrine, a literature that is almost overly invoked in
medical jurisprudence enunciates that the liability of the surgeon is not only for the wrongful acts of
those who are under the control but also those wherein he has extension of control just like a captain to
his crew, passengers and ship. In this doctrine, the operating room is considered the total sphere of
control of the surgeon for which is answerable to for all the merits and shame taking shape in this
confined sterile field. Therefore, in line with this proposition, theoretically, the surgeon should have
received some sanctions or penalties as well just like any supervisor or head would for the misdeed of
the subordinates.
In my honest opinion and thoughts about this case, I really believe that both are liable for the
death of the 14-year-old patient undergoing tonsillectomy. If only Somera did her part as a nurse by
verifying the doctor’s order by the chart or even asked the physician to clarify if the medication given
was right all would’ve went well. I also realized with the continuously evolving advancements and
principals in the medical field we continue to adapt to what can help us prevent possible death of our
patient or that can cause harm. Possibly if only she also followed the 12 rights of the patient and
followed the steps of making sure that she gave the right medication there wouldn’t be a case at all. On
the other side of the story though another liable person would be the two surgeons as the captain of the
ship doctrine the head of the operation should also be the one to ensure the safety of the patient.
Reading about this case made me realized a lot of factors and key responsibilities of the nurse that
needs to strictly followed cause everyday of our lives we have the lives of our patients at our hands.

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