Malpractice suit: Judge wants parties to try mediation first

CEBU, Philippines – Judge Sylvia Paderanga has ordered both parties in a malpractice suit to try for an out-of-court settlement or mediation during yesterday's pre-trial.

The case was filed against two physicians of the Cebu Doctors University Hospital by complainants Katrina Lilia Poca, her husband Roberto Rama Poca and her mother Alice Morada

The couple and Morada filed the case against CDUH Inc., Dr. Marivic Tan, and Dr. Manuel Villamor for malpractice and negligence.

Paderanga said if mediation does not work they are expected to appear in court on September 19, 2010 for the continuation of the pre-trial.

In their complaint, the complainants said in their desire to have a baby they approached Tan for an in vitro fertilization in May 2008.

In vitro fertilization is where the eggs of a woman are taken out of her body and fertilized by the sperm of her husband before being implanted in her womb.

When the embryos were ready for implantation, Tan told Katrina that a mass containing water, medically known as hydrosalpinx, was found in Katrina's left fallopian tube.

Tan said that the mass with water should be removed as it might adversely affect the implantation of the fertilized embryos.

Tan ordered a video-laparascopy which said to be a minor operation and Katrina was assured that it will take only 45 minutes to an hour.

But the complainants said because of Tan's negligence, lack of care and lack of competence the procedure took five hours. She also allegedly had to call for another doctor, who was later identified as Villamor.

Katrina said that Villamor was not her choice but Tan's decision. She also said that the two doctors without her consent removed her fallopian tube.

"Simple video-laparascopy and simple removal of the hydrosalpinx virtually eliminated my chances of having a baby resulting in the unauthorized removal of my left fallopian tube", Katrina said.

But Tan and Villamor denied any malpractice and negligence, claiming Katrina's health was not in good condition at the time.

The complainants are asking for P2,100,000 in moral damages; another P5,000,000 for Katrina and P500,000 for Roberto and Alice; P1,000,000 in exemplary damages and P300,000 in litigation expenses; among others.

Lawyer Terence Fernandez said during trial that the defense will present 10 witnesses as he denied all the allegations against them. (THE FREEMAN)