Woman files raps vs doctor: For leaving gauze during 1996 surgery

MANILA, Philippines - A Quezon City prosecutor recommended the filing of charges against a doctor for allegedly leaving a piece of gauze inside a woman’s stomach who underwent a caesarian operation in 1996.

Documents obtained by The STAR show that Quezon City Assistant Prosecutor Ferdinand Baylon recommended that Dr. Carmencita Banawa be charged with reckless imprudence resulting in serious physical injuries to complainant Rosemarie Toballas de Diaz.

Baylon also recommended P6,000 bail be granted to Banawa, who he said failed to appear before the prosecutor’s office.

“The evidence would show that complainant’s physical suffering, as well as emotional trauma, was brought about by the gross negligence of the respondent who left a gauze inside the complainant’s stomach,” Baylon’s resolution read.

Toballas de Diaz said that in August 1996, Banawa was her attending physician when she underwent a caesarian operation at the Fairview General Hospital.

She said after the surgery, she suffered bouts of vomiting and her body deteriorated. Toballas de Diaz said she underwent barium enema colonoscopy and X-rays to find out what was wrong, but the findings were inconclusive.

 “It was only after more than 10 years, in 2009, when she gave birth to her second child that it was discovered that all her suffering was caused by gauze which was apparently left when she was operated upon in 1996,” the resolution read.

Baylon said in his resolution that “the law (Republic Act 2382, the Medical Act of 1959) cited by complainant pertains only to the doctor’s administrative liability, which is outside the jurisdiction of the prosecutor’s office.”

The STAR called up Banawa’s listed office at the FEU-NRMF Medical Center, but the staff said she left the country five or six years ago and has been leasing out her office to another doctor. 

Another staff later contacted The STAR, saying Banawa is suffering from stage four cancer and has yet to be told about the charges against her.