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Bondoc Vs Mantala (GR NO. 203080 NOVEMBER 12, 2014)

Petitioner was the attending physician for the respondent who was admitted to the hospital to deliver her fifth child. Despite knowing the risks due to the baby's size and excess amniotic fluid, petitioner left the respondent in the care of an inexperienced midwife and assistants. This resulted in prolonged labor and pressing on the respondent's abdomen, causing great pain. She eventually delivered a stillborn baby and suffered a ruptured uterus requiring surgery. The court found the petitioner guilty of grave misconduct for dereliction of duty in not properly attending to the high-risk delivery with his professional skill and instead leaving the patient to unqualified staff. A physician must provide competent care according to professional standards and not neglect patients, especially in difficult situations

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148 views2 pages

Bondoc Vs Mantala (GR NO. 203080 NOVEMBER 12, 2014)

Petitioner was the attending physician for the respondent who was admitted to the hospital to deliver her fifth child. Despite knowing the risks due to the baby's size and excess amniotic fluid, petitioner left the respondent in the care of an inexperienced midwife and assistants. This resulted in prolonged labor and pressing on the respondent's abdomen, causing great pain. She eventually delivered a stillborn baby and suffered a ruptured uterus requiring surgery. The court found the petitioner guilty of grave misconduct for dereliction of duty in not properly attending to the high-risk delivery with his professional skill and instead leaving the patient to unqualified staff. A physician must provide competent care according to professional standards and not neglect patients, especially in difficult situations

Uploaded by

Kiara Chimi
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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a public officer, a forbidden act, a dereliction of duty,

BONDOC VS MANTALA (GR willful in character, and implies wrongful intent and
NO. 203080 NOVEMBER not mere error in judgement. It generally means
wrongful, improper or unlawful conduct motivated
12, 2014) by a premeditated, obstinate or intentional purpose.
The term, however does not necessarily imply
Bondoc vs Mantala corruption or criminal intent. To constitute an
GR No. 203080 November 12, 2014 administrative offense, misconduct should relate to or
be connected with the performance of the official
Facts: Respondent was admitted at the Oriental functions and duties of a public officer. On the other
Mindoro Provincial Hospital (OMPH) on April 3, hand, when the elements of corruption, clear intent to
2009, at around 11:00am, with referral from the violate the law or flagrant disregard of established
Bansud Municipal Health Office. She was due to rule are manifest, the public officer shall be liable for
deliver her 5th child and was advised for a caesarian grave misconduct.
section because her baby was big and there was
excessive amniotic fluid in her womb. She started to In deliberately leaving the respondent to a midwife
labor at 7:00am and was initially brought to the and two inexperienced assistants despite knowing
Bongabon Health Center. However, said health that she was under prolonged painful labor and about
center also told her to proceed directly to the hospital. to give birth to a macrosomic baby by vaginal
In her complaint-affidavit, respondent alleged that delivery, petitioner clearly committed a dereliction of
inside the delivery room of OMPH, she was attended duty and a breach of his professional obligations. The
to by petitioner who instructed the midwife and two gravity of respondent’s conditions is highlighted by
younger assistants to press down on respondent’s the expected complications she suffered – her
abdomen and even demonstrated to them how to stillborn baby, a ruptured uterus that necessitated the
insert their fingers into her vagina. Thereafter, immediate surgery and blood transfusion and vulvar
petitioner went out of the delivery room and later, his hematomas.
assistants also left. After hours of being in labor,
respondent pleaded for a caesarian section. The Article II section 1 of the code of medical ethics of
midwife and the younger assistants pressed down on the medical profession in the Philippines states: A
her abdomen causing excruciating pains on her ribs physician, should attend to his patients faithfully and
and made her very weak. They repeatedly did this conscientiously. He should secure fore them all
pressing until the bay and placenta came out. When possible benefits that may depend upon his
she regained consciousness, she was already at the professional skill and care. As the sole tribunal to
recovery room, she learned that an operation was adjudge the physician’s failure to fulfill his obligation
performed on her by petitioner to removed her to his patient is, in most cases, his own conscience,
ruptured uterus but what depressed her most was her violation of this rule on his part is discreditable and
stillborn baby and the loss of her reproductive inexcusable.
capacity. The respondent noticed that her vulva
swollen and there is an open wound which widened A doctor’s duty to his patient is not required to be
later on and was re-stitched by petitioner. Petitioner extraordinary. The standard contemplated for doctors
was heard uttering words unbecoming of his is simply the reasonable coverage merit among
profession pertaining to the respondent’s states while ordinarily good physicians i.e. reasonable skill and
in labor. Respondent filed then a complaint for grave competence. Even by this standard, petitioner fill
misconduct against the petitioner before the short when he routinely delegated an important task
ombudsman. The petitioner resigned as medical that requires his professional skill and competence to
officer of OMPH, alleging that the complaint against his subordinates who have no requisite training and
him is now moot and academic. capability to make crucial decisions in difficult child
births.
Issue: Whether or not petitioner’s conduct during the
delivery of respondent’s baby constitute grave A physician should be dedicated to provide
misconduct. competent medical care with full professional skill
and accordance with the current standards of care,
Held: Yes. Misconduct is defined as a transgression compassion, independence, and respect for human
of some established and definite rule of action, more dignity.
particularly unlawful behavior or gross negligence by

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