CEBU, Philippines - Charges may be filed against the Cebu Puericulture Center and Maternity House, Inc. if no one of the nurses on duty would admit in the sealing of an infant’s mouth with a surgical tape to stop the baby from crying.
The Commission on Human Rights-7 said the hospital management would be held answerable for the acts committed by its personnel under the principle of command responsibility.
“I think so, it’s the command responsibility of the establishment because the nurses are under the establishment,†said CHR-7 investigator Lilibeth Llona.
She admitted it is not easy to pin point someone because nobody saw who did it adding that it could have been easy should the maternity has closed-circuit television camera or CCTV.
Llona said the parents of the victim visited CHR office last Saturday to give their statement on the incident.
“They are contemplating to get private lawyer. Their lawyer ang mohimo og written affidavit kay ila mang lawyer ang mo appear in court,†she said.
According to Llona, the parents are just waiting for the result of the initial investigation conducted by the hospital.
She added there were allegations that the shift before the nurse, who talked with the mother of the baby, may also be involved.
“Lisod, nobody admitted and nobody saw,†she said. “Nurses said that there were shifts before them. Nobody admitted who among the three. Maybe it’s from the other shift,†Llona added.
The latest statement from the nurses is contrary to earlier reports that a tape was placed on the mouth to hold in place a pacifier.
“A perfect cage kay ang defense sa nurses, there were three of them. Murag nag-play safe ba,†she said.
The father, Ryan Noval, said he was expecting denial from the nurses.
“It’s also somewhat a protocol that someone would be denying it. It’s a very big issue. Let me just tell the rest of the world, me and my girlfriend and my family, we are one people. And with the kind of burden upon us, is not easy,†he said.
Noval said his family has been waiting for the result of the investigation long enough.
“What their report to us, if me and my family will keep on waiting what’s the report and findings, it’s totally crap,†he said.
“We don’t want everybody (to) know (what) our moves are,†he said, adding that they are picking their lawyer ‘wisely’.
The Department of Health-7 said that the hospital is expected to present the initial investigation report today.
“(I) just talked to Doctor Raida Varona, she will give their official report tomorrow (May 20),†DOH-7 Director Jaime Bernadas.
Bernadas said that the incident is a “very delicate situation†with which every side must be heard.
“The media have already been hearing the side of the parents, it would now also be judicious to listen to the other side of the story,†he added.
Meanwhile, the Cebu Provincial Board wants the police, social welfare office, and the Professional Regulation Commission to find out if the incident is not being practiced at the district hospitals.
The board passed a resolution sponsored by Board Member Arleigh Jay Sitoy urging the Cebu Provincial Police Office, the Provincial Social Welfare and Development Office, and the PRC to conduct an investigation.
“This is not under jurisdiction of the Province but even then it will serve notice to the rest of the district hospitals,†Sitoy told reporters.
A separate resolution also sponsored by Sitoy condemned the act of the medical personnel of the maternity hospital.
Sitoy said such act is not only violation of the law but also constitute medical malpractice.
“It’s just a request to conduct investigation basin nahitabo sa province. Tangtangon ta na ang practice if there is that practice,†Sitoy added.— Jean Marvette A. Demecillo, Gregg M. Rubio, and Sherwin Gabrinez /FPL