No sanctions, only suggested raps: 3 docs, nurse guilty but free

Three doctors and a nurse were found to have committed improper acts in connection with a controversial surgical procedure at the Vicente Sotto Memorial Medical Center. But nobody knows who they are, and they will continue working because the hospital cannot afford to lose them.

Thus, in the end, all the furor was like a mountain laboring to bring forth a mouse.

For all the anticipation the hospital generated for the in-house investigation it conducted on the surgical procedure that generated worldwide condemnation, the report, when it came fell short of expectations.

In a surprisingly brief and unsigned one-page report, the hospital found the three doctors and a nurse to have committed “ improper acts “ but offered no sanctions, recommending only that they be charged administratively.

As to who to charge will continue to remain a mystery, however, as the report did not mention any names.

The storm was kicked up a week ago when a gay florist came forward to claim he was the patient in a video footage entitled “ Cebu Black Suede Scandal “ that was at the time circulating on YouTube, a video-sharing network on the Internet.

The footage, which ran for about three minutes, recorded a surgical procedure to remove a deodorant cannister lodged in the rectum of the patient, a 39-year-old gay florist, following a night of kinky sex with a stranger.

The footage was taken with a cellphone without the knowledge of the patient, and it showed a chaotic atmosphere inside the hospital operating room in which doctors, nurses, and a host of other people who had no business being there, shouting, clapping, and otherwise making a mockery of the patient’s situation.

The incident shocked the nation and the world, which depends in large part on the Philippines for its health care requirements.

A number of government agencies and other organizations seized on the issue, promising to investigate.

But first had to come the in-house investigation of the VSMMC.

Even the patient himself, who threatened to sue, opted to wait for the result of the investigation.

Now, he is not going to wait.

Saying he was not satisfied by the investigating committee’s report, the patient said he is now bent on filing civil and administrative charges against both the hospital and the medical and nursing staff involved.

“ I was not satisfied. They did not even name the doctors. There is no turning back. I will be suing them, “ the patient said in a press conference he called following the hospital’s own press conference.

His lawyer, Guiller Ceniza, said the hospital fell short of expectationa that a specific penalty would be imposed against the erring hospital personnel, whose acts of humiliating his client violated his human rights and the ethical standards of the medical profession.

Ceniza said he saw the VSMMC report as nothing more than something intended merely for media consumption. “ The report, if it can be called that, was only a single piece of paper that had no heading and did not bear the names and signatures of the panel of investigators, “ the lawyer said.

Ceniza said because the document was unsigned, it cannot be regarded as official.

The terse report, aside from recommending administrative charges against three anonymous doctors and a nurse for “ possible violation “ of Republic Act 6713 or the Code of Conduct and Ethical Standards for Government Officials and Employees, also issued a “ stern warning “ against one more doctor and three nurse supervisors, “ advising “ them to be more cautious next time in the performance of their duties.

It also banned a nursing clinical instructor and three nursing trainees from practicing in the hospital and endorsed disciplinary action against the student who uploaded the video on YouTube by his school.

The report also said it found the laughing and clapping by medical personnal during the procedure “ excessive and inappropriate “ and some acts “ in violation of hospital policies. “

But in none of all the personalities involved was there any name given.

Dr. Roque Anthony Paradela, the chief of clinics of the hospital who read the report, said no names were given because the hospital did not want to preempt the Office of the Ombudsman, which has scheduled the incident for investigation.

Paradela said all the medical staff involved are still reporting for duty at the hospital, which refused to suspend them for lack of personnel.

The VSMMC is the biggest government hospital in Central Visayas.

Paradela explained that the report was subject to review by the Department of Health and that the fuction of the investigating committee was precisely only recommendatory and not adjudicatory.

But the lawyer of the patient could not be placated. “ We are dismayed because the gravity of the offense should have immediately warranted at least a suspension, ” Ceniza said.

DOH regional director Susana Madarieta said the agency will review the findings and recommendations of the VSMMC and then make its own recommendation to the secretary of health.

Madarieta said the three doctors and one nurse, if found guilty, may be dismissed from government service. Whether they get to keep their licenses is up to the Professional Regulations Commission.

Assistant Ombudsman for the Visayas Virginia Palanca Santiago said she already has a copy of the VSMMC report but confirmed it did not bear the names of the doctors and nurse.