Republic of the Philippines Department of Justice NATIONAL PROSECUTION PROSECUTION SERVICE SERVICE OFFICE OF THE PROVINCIAL PROSECUTOR Tagum City, Davao del Norte
ESTHER V. VALIENTE, Complainant,
-vs-
NPS XI-03-INV-16F-00207 XI-03-INV-16F-00207 FOR: MEDICAL MALPRACTICE/NEGLIGENCE
RHEA DOLOR C. BRILLANTES, RICHARD T. MATA and BETHYL P. ISTURIS Respondents. x - - - - - - - - - - - - - - -- - - - - - - - - - - - - - -x
REPLY AFFIDAVIT I, ESTHER V. VALIENTE, respectfully submit hereunder to this Honorable Office, my reply to the Counter Affidavits of DR. RHEA DOLOR C. BRILLANTES, DR. RICHARD T. MATA, and BETHYL P. ISTURIS, RN of METROPOLITAN POLYMEDIC COMMUNITY HOSPITAL, INC. (MPCH): 1. I am reiterating in this sworn affidavit the UTTER LACK OF ATTENTION AND NEGLECT FOR QUALITY MEDICAL SERVICE against the said medical personnel of MPCH that ultimately caused the DEATH of my grandson, JOMAR B. VALIENTE, JR. (Patient); A. ON THE ISSUE OF P H L E B I T I S OR THE INFLAMMATION OF THE PATIENT’S LEFT PATIENT’S LEFT ARM
2. It can be said through their medical expertise that Phlebitis does not correspond with the cause of death of the patient. But, the mere fact that they only managed to remove the dextrose when the inflammation inflammation is obviously and seriously evident constitutes their utter neglect on the condition of the patient ; 3. Further, they removed the offending needle of the dextrose only in the moment that I complained that the patient’s patient ’s left arm is in terrible
pain and is noticeably and badly swollen . It should be noted that if thorough observance to the patient’s left arm when they are managing the patient’s dextrose has been done properly or if detected such inflammation on its minimal stage , it could prevented the later aggravated condition of the patient’s left arm that might resulted into another infection since the patient had another fever;
4. The pictures that were firstly submitted were NOT grossly tampered or distorted in some way in or der “to exaggerate the presentation of the condition of the patient’s left arm” (Paragraph 11 of Dr. Richard T. Mata’s Counter Affidavit). Such claim is invalid since we don’t have any means or access to such photo-editing softwares or any mode of tampering photo films or printed photos . B. ON THE ISSUE OF THE DISCHARGE FROM MCPH AND TRANSFER OF HOSPITALS
5. I did not mean to portray that we were “ prevented” to transfer to another hospital (Paragraph 7 of Bethyl P. Isturis’ Counter Affidavit) last May 26, 2016 since there are no doctors around to sign our discharge slip. I was forced to decide to the best of my knowledge to stay in the hospital since the attending physician, Dr. Brillantes, is not around to further explain the last assessment of the condition of the patient and the risk for discharging him. 6. It is true that we consulted medical assistance at Rivera Medical Center, Inc. (RMC) at Panabo City prior to the admittance in Davao Regional Medical Center (DRMC) at Tagum City (In response to Paragraph 14 of Dr. Rhea Dolor C. Brillantes’ Counter Affidavit) .We inquired for assistance in RMC just for about a couple of hours. Since we cannot afford such services in RMC, we immediately proceed to DRMC as another option. Therefore, I overlooked to consider that scenario in my Complaint Affidavit. C. ON THE ISSUE OF THE CAUSE OF DEATH OF THE PATIENT
7. The death of the patient by “immediate cause of Septic Shock with an antecedent cause of Pediatric Community Acquired Pneumonia” can be told to be so unrelated to Phlebitis. However, it should be considered that the patient also had a fever again while
there is an evident inflammation of his left arm before we are discharged at MCPH. 8. This leads to question on why did my grandson acquired such Pneumonia that clearly intensified his condition. Taking to note his aforementioned condition, it seems that it is more likely the patient acquired the Pneumonia at MCPH than the two succeeding hospitals. We barely had a day to stay on the latter hospitals to acquire such disease. 9. Thus, it should have been detected by Dr. Brillantes or any other medical personnel that would attend to the patient during our latter days in MCPH. The demise of my grandson could have been prevented if such attentive measures have been observed in the first place. Given and based on the above facts, most reputable circumstances, and evidences duly presented, I respectfully submit that there is more than PROBABLE CAUSE for Respondents to be held liable for MEDICAL MALPRACTICE/MEDICAL NEGLIGENCE. IN WITNESS WHEREOF, I have hereunto affixed my signature this __ day of ________ 2016 at Tagum City, Davao del Norte, Philippines. ESTHER V. VALIENTE Complainant
Copy furnished: ATTY. HECTOR GERARD C. BELISARIO, MD Hi-way, Salvacion, 8105 Panabo City, Davao del Norte EXPLANATION
Due to considerable distances involved, as well as lack of material time, and manpower to effect the personal service of this Reply Affidavit, the same was served to counsel for the Respondents through registered mail and personally filed with the Honorable Court.
Esther V. Valiente