Judge inhibits from case of couple vs hospital

CEBU, Philippines - Judge Ricky Jones Macabaya of Regional Trial Court Branch 5 has voluntarily inhibited from handling the case filed by a prominent couple from Cebu City against Chong Hua Hospital.

Macabaya issued his inhibition order last Monday in accordance to Rule 3.12 of the Code of Judicial Conduct that prohibits a judge from taking part in a proceeding where his or her impartiality might be questioned.

Spouses Wesley and Laurice Chiongbian said their baby’s hand was permanently scarred due to the hospital personnel’s improper insertion of IV port into the baby.

Macabaya said he is inhibiting from the case because his wife is actively involved in the policy-making of Chong Hua Hospital being its consultant.

His wife is specializing in internal medicine and is also an infectious disease subspecialist. She is also the chairperson of the hospital’s Prevention and Control of Infection Service.

“In view of the association, connection and involvement of the judge’s spouse to Chong Hua Hospital, the Presiding Judge voluntarily inhibits himself from handling this case where his impartiality and integrity might be reasonably questioned and, further, to avoid any suspicion as to his neutrality, fairness, independence, and objectivity in handling the proceedings of this case,” Macabaya said in his order.

Macabaya has directed his branch clerk of court to return the records of the case to the Office of the Clerk of Court.

The case will be re-raffled to another sala this coming Monday, July 27.

The couple is asking for damages worth P5.2 million from Chong Hua Hospital, which is owned and operated by Asociacion Benevola de Cebu Inc.

They lamented that the improper insertion of the IV port by the hospital personnel into their daughter caused severe swelling that left permanent scars on the baby’s hand.

The Chongbians admitted their daughter Noa, who was four days old at the time, at the hospital on October 30, 2014 after she suffered from an on-and-off fever for two days.

An IV port was inserted on the left hand of Noa. When Laurice requested the emergency room nurse to check the IV port, it was allegedly ignored.

Laurice reportedly shared her observation with the duty nurse the following day that their daughter expressed more pain and discomfort upon the injection of the antibiotics, but she was only told that the medicine might be painful.

She reiterated her request to have the IV port checked. However, the device reportedly remained unchecked despite their repeated requests to the nurses.

On November 1, they asked the nurse to remove the diaper and plaster taping, the IV port and line placed and inserted in the arm of Noa when the child’s nanny noticed an extreme swelling of her upper arm.

Laurice said Noa’s left hand had visible erythema, blistering, severe swelling, purple and yellow coloring of the skin.

The child was discharged from Chong Hua Hospital on November 3.

The couple said in their complaint that no hospital administrator or official came to see them to ensure that Noa’s wound was properly treated during the time the baby’s third-degree burn was discovered.

They are also asking the hospital management for a public apology or an extensive tri-media public awareness campaign to make the public aware of the risk and pain of IV insertion. – NSA/(FREEMAN)