Cases Involving Nurses
Attending Nurses In 1984, Natividad underwent surgery for “cancer of the sigmoid.” The sigmoid colon joins the rectum, which in turn joins the anus, or the opening where waste matter, or stool, passes out of the body. Dr. X, who performed the surgery, found that the cancer had spread to her left ovary, necessitating the removal of certain portions of it through a hysterectomy by Dr. F. After Dr. F performed the surgery, Dr. X completed operation and closed the incision. Operation records showed that the attending nurses entered among remarks, “sponge count lacking 2,” and “announced to surgeon searched (sic) done but to no avail continue for closure.”
After her subsequent discharge from the hospital, Natividad complained of pains but were told by Dr. X that the pain was the natural consequence of the surgery. In August 1984, Natividad went back to Philippines. Later, her daughter found a piece of gauze protruding from her reproductive organ. Dr. X subsequently extracted by hand a piece of gauze and assured Natividad that the pain would vanish. When the pain intensified, Natividad sought treatment at PGH where a doctor found another foul smelling gauze which badly infected her vaginal vault. She underwent another surgery … (Concurring were Division Chair Chief Justice Reynato S. Puno and members Renato C. Corona and Adolfo S. Azcuna. Justice Cancio C. Garcia did not take part in the deliberations. (Professional Services, Inc v. Agana and Agana, GR No. 126297; Agana, et al. v. Fuentes, GR No. 126467; Ampil v. Agana and Agana; GR No. 127590; January 31, 2007) Staff Nurse Jennifer was employed as a staff nurse by St. Luke’s Medical Center (SLMC) on 3 July 2001 on a probationary status for a maximum of six months. On 15 October 2001, Dr. Pacita, Assistant Chairman of the Department of Pediatrics, filed a Complaint, with the Vice President for Nursing, against the petitioner for uttering slanderous remarks against her. In her complaint, Dr. Pacita attached a letter, dated 10 October 2001, written by Hazel , the mother of a patient, relaying an incident wherein petitioner allegedly made the following remarks against Dr. Pacita: “Bakit si Dra. Pacita pa ang napili mong “pedia” eh ang tanda-tanda na n’un? x x x Alam mo ba, kahit wala namang diperensya yung baby, ipinapa-isolate nya? Minsan nga, meron bagong baby siyang pasyente na ipinasok dito, sabi ko, bah, himala! Walang ikinabit sa kanya. Tapos, kinabukasan . . . kinabitan din pala!” (Pasamba vs. NLRC, G.R. No. 168421, June 8, 2007: YNARES-SANTIAGO, J) Canister Scandal The unauthorized 2:54-minute video of a noisy operating room shows VSMMC doctors and nurses laughing, giggling and cheering. At one point, a hand appears with a cell phone camera taking a close-up picture of the surgery. As a doctor gingerly pulls out the six-inch long canister from the male patient’s rectum, someone shouts, “Baby out!” amid loud cheers. The doctor then removes the canister cap and sprays the contents toward the crowd of nurses and doctors viewing the procedure. It remains unclear who shot the video and who posted it on YouTube, but the person who posted it removed it from the website Wednesday. ((Source: SunStar Cebu,Thursday, April 17, 2008, AP/NRC/KNR of Sun.Star Cebu) Filipino Nurses Twenty-seven Filipino nurses quit their jobs in April 2006 from the Avalon Gardens Rehabilitation and Health Care Center. They accused SC group of companies of breach contract after they were assigned to work outside the scope specified in their contract upon arrival in the US. Eleven of them, including medical board top placer Elmer, have been accused of conspiracy and endangering the welfare of children in a pediatric ventilator unit after leaving their posts in April last year due to labor row. The US justice department, Civil of Rights Division, dismissed the case on Aug. 31, 2007 for “insufficient evidence of reasonable cause to believe the injured parties were discriminated." (GMANews.TV Thursday, March 13, 2008) |
1. Were the doctors of Natividad exercised extraordinary diligence in the performance of their duties? Why?
2. Were the actions of the VSMMC doctors and nurses appropriate? Explain. |