Ombud junks case vs. doctor of Argao hospital, cites lack of jurisdiction

CEBU, Philippines - Citing lack of jurisdiction, the Office of the Ombudsman-Visayas dismissed the complaint filed against an outsourced physician of the Isidro C. Kintanar Memorial Hospital (ICKMH) situated in Argao Cebu.

Graft investigator Pio Dargantes dismissed the complaint for negligence in the performance of official duty filed against Dr. Mechelle Macatol-Tejero for lack of jurisdiction being a non-government employee.

“Tejero is an outsourced physician of the ICKMH. She is a private individual and not a public officer,” the decision reads.

For lack of evidence, Dargantes likewise dismissed the complaint filed against two nurses, Cheryl Reoma and Amanda Rivera, who were charged along with Tejero.

In the complaint filed by Allan Cagigas of Looc, Argao, he stated that along with relaives, he brought his wife Jessica to ICKMH because she was having difficulty breathing while in the process of delivering their third child.

However, he said it took 15 minutes before the physician attended to his wife.

He added that despite the situation of his wife where their baby was already crowning, Tejero referred his wife to another hospital in Cebu City.

According to Cagigas, despite the plea of their accompanying midwife, Florencia Albite, to let the baby out, Tejero insisted that they be referred to Cebu City for lack of facilities.

While on their way to Cebu City, the patient delivered her baby. Albite then directed the driver of the ambulance to go back to ICKMH for the patient to be examined and so that the baby will be cleaned.

Cagigas alleged that even then, Tejero did not examine his wife and they went back to Cebu City instead.

Somewhere along Minglanilla, the patient stopped breathing and they brought her to the Minglanilla District Hospital where she was declared dead on arrival due to severe loss of blood.

In her counter-affidavit, Tejero denied the allegations and stressed that she was not a government employee, being employed as Medical Officer III of the Powerlines Human Resource Management Incorporation.

She said she referred the patient to Cebu City as the patient was in a critical condition and suffered from eclampsia and convulsions.

“Being in such condition, I recommended that she be brought immediately to a tertiary hospital because the facilities at the ICKMH were not adequate for the condition of the patient,” she said.

Tejero added that she instructed the accompanying midwife Albite in case the patient will give birth that the latter must be directly brought to the city for medical treatment because her condition was unstable.

“Unfortunately my instructions were not followed by the midwife and the patient eventually expired because of improper and inadequate pre-natal care which is needed for patients of her age and physical condition,” she said.

In their counter-affidavit, respondents Reoman and Rivera likewise denied the accusations. They said they have no hand in the transfer of the patient to another hospital as they were only assisting Tejero.

Dargantes said whatever happens in the course of treating a patient, the responsibility lies on the physician.

Moreover, Dargantes found out that Cagigas was paid P75,000 by Tejero after entering a compromise agreement.

Cagigas reportedly filed a criminal case against Tejero for reckless imprudence resulting to homicide before the court but since they entered into a compromise agreement, Cagigas executed an affidavit of desistance leading to the dismissal of the case. (FREEMAN)