DEBATES – Round 3

Bayani v. UMC

Gabriela Bayani, the wife of 35 year old Melchor Bayani relays that her
husband works as a construction worker and usually stayed at the
construction site, going back to their home only on weekends. On the
night of February 19, 2021, his husband came home feeling very weak. He
stayed home and rested but his condition was not improving. On February
22, 2021, Melchor couldn’t go back to the construction site. Melchor felt
warm to the touch and was complaining of difficulty of breathing. Melchor
had difficulty walking due to weakness and the wife had to ask the
neighbor for assistance.

The neighbor helped get a tricycle and they brought Melchor to Hospital
Uno Medical Clinic (UMC), the nearest hospital. Hospital UMC is a Level 1
General Hospital. Upon arriving at the hospital, the wife was dismayed
because they wouldn’t let them go inside the emergency room and were
asked to go to a tent outside the hospital instead. A nurse asked them to
lay down the patient in a stretcher but did not even help them. The nurse
then took the vital signs of the patient and was able to document fever
(38.8C) and rapid breathing, fast heart rate and BP of 100/60. Nurse gave
the patient oxygen support. She then asked whether patient had history of
travel, had cough or any exposure to a sick person. Wife said patient had
no travel or exposure but had cough (“may ubo ho pero matagal na dahil
sa paninigarilyo”) because husband was a smoker. The wife said that the
nurse appeared distracted and was very abrupt (“masungit”). The nurse
kept asking questions to which wife or neighbor did not know answer.
The resident doctor arrived only after around five minutes, donned in PPE.
Wife said the doctor barely acknowledged her but only talked to the nurse.
The doctor then examined Melchor using a stethoscope. Wife said it was
probably just a minute. Afterwards, the nurse started inserting an IV line to
the patient’s hand while the doctor called the wife and neighbor.
According to wife:

Doctor: Kayo ho ba ang asawa? Me nadidinig ho akong pneumonia kaya

paXray natin siya. Pero kelangan siya malipat sa LGU hospital natin. Wala
ho kaming ICU dito kasi Level I hospital lang ito at malamang po ay may
COVID ang asawa ninyo.

Wife: Bakit po dito di puede? Eh mahinang mahina na ho ang asawa ko.

Doctor: Wala nga ho kami ICU. Wala ding bakanteng isolation unit. Tapos
hindi din kami nakakapagtest for COVID.

Wife: Bakit ganun po? Ano ito tatangggihan ninyo ang pasyente kahit
emergency?

Doctor: Ililipat nga natin sa LGU. Pagka nagtetest kami dito, sa LGU
hospital din namin pinapadala specimen kasi wala naman kaming lab. Ang
problema lang ngayon, me hinahatid na ibang pasyente yung ambulance
natin. Pede antayin pero baka mas mabuti na idiretso nyo na sa LGU
hospital. Tinatawagan na din naming ang barangay kung may ambulance
sila available.

Neighbor: Anong klaseng ospital ito? Bakit kulang kulang? Baka mamatay
pasyente.

Doctor: Eh wala na nga kaming magagawa. Intayin natin ang sagot ng

barangay kung me ambulance.

Wife: Eh habang nagiintay po pano? Bakit di man dalhin sa emergency

room?

Doctor: Eh baka makahawa pa dun, kaya dito na muna sa tent bago

itransfer.

Wife said that doctor appeared irritated. After repeating that they do not
have an ICU or any available isolation unit, and that they have to wait for
availability of ambulance, the doctor left and went inside the ER.

The nurse took the vital signs of the patient again, and after inserting the
line for IV fluids and giving patient oxygen support, she told the wife that
they will have Xray taken but they are just waiting to clear the Xray room.
She also gave her an Xray request form and asked her to pay for it in the
hospital’s cashier. Wife told her that she did not have any money. Nurse
then said to just wait and patient will be brought for Xray, they can pay
later. Then nurse left.

No one came to the patient until after 15 minutes when they were told by
the nurse that no ambulance was available but that the hospital’s
ambulance would arrive after an hour. Wife asked the nurse when Xray
would be taken and nurse said to just wait a few more minutes. Wife then
asked if they will not be giving the husband any medicine. The nurse said
that she already gave paracetamol because that was the only thing the
doctor ordered. Wife asked why no one was attending to the patient. And
nurse said, “Eh ano pa po ba gagawin natin? Magintay na lang tayo dun sa
xray at ambulance.”

Wife saw that her husband was suffering already and growing weaker.
Upon consulting with the neighbor, they then decided to just bring the
patient directly to the LGU hospital. They informed the nurse who told
them that Xray can also just be done at the LGU hospital. Doctor came out
and checked patient again. Doctor asked if they were sure that they will
just transfer to LGU hospital on their own without waiting for the
ambulance. Wife told them “eh wala naman ho kayong ginagawa sa asawa
ko dito.” Doctor then asked nurse to make them sign a “home against
advice” form and give them a referral sheet and Xray request to take to the
LGU hospital.

Wife felt that she had no choice so she signed the form and they boarded
another tricycle to go to the LGU hospital which was 30 minutes away.
Upon going the the LGU hospital, husband was admitted and a swab test
for COVID was done. Unfortunately, the following day, the husband died.
They received the results 3 days later, which showed that husband was
negative for COVID. The LGU hospital diagnosed husband with
tuberculosis of the lungs.

Complainant: Patient’s wife, Gabriela Bayani.

Respondent: Nurse Elaine Adarna, Doctor Derek Ramos and the hospital,
Uno Medical Clinic
 1. Counsels arguing for Complainant should determine and discuss
possible causes of action, and build case against Respondents
2. Counsels for Respondents should anticipate these causes of action,
defend respondents and be flexible and responsive to issues raised by
side of complainant

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