Father of 3-yr-old appeals case vs VSMMC

CEBU, Philippines - Seeking the reversal of the court’s ruling, the father of a three-year-old alleged victim of medical negligence filed a motion for reconsideration.

Earlier, Judge Simeon Dumdum Jr. of Regional Trial Court (RTC) Branch 7 dismissed the P2.4-million damage suit filed against Vicente Sotto Memorial Medical Center (VSMMC) and its chief, Dr. Gerardo Aquino Jr., for the failure of the complainant to state the cause of action.

But complainant Davin Sedeño, a resident of Barangay Lawaan, Talisay City in his motion for reconsideration he said he did not clearly state the cause of action because he presumed that they are considered “solidarily liable” for the negligence of their employee, Dr. Mary Joy Villalon.

Sedeño asked the court to review its earlier ruling, claiming that the employers shall be liable for the damages caused by their employees.

He lodged a civil case for medical malpractice with damages against VSMMC and two of its employees; Dr. Villalon, as the attending physician of the victim and VSMMC chief Aquino.

Sedeño said his son Raven James Claros died because Villalon’s negligence. He added Villalon “did not exercise reasonable skill and care” in treating his son after the surgery.

He asked the defendants to pay him P2,454,000 for actual and compensatory damages, moral damages, exemplary damages and attorney’s fees.

However, in the earlier ruling of Dumdum, he dismissed the damages suit filed against VSMMC and Aquino.

“The complaint recites the alleged negligent acts of Villalon, but not a violation whatsoever of plaintiff’s rights by the movants, which would constitute a cause of action against them,” order reads. — (FREEMAN)