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Health Secretary Francisco Duque III yesterday vowed to punish the Cebu doctors and other medical personnel involved in the Black Suede video scandal for breach of hospital protocol.
He ordered Susana Madarieta, Department of Health-Central Visayas (DOH-7) director, to conduct a “comprehensive” investigation and to finish it in one week.
Duque, who viewed the video, said he was dismayed that doctors at the Vicente Sotto Memorial Medical Center (VSMMC) had allowed the taking of pictures and videos during the Jan. 3 operation, where a can of body spray was removed from a man’s rectum.
“Syempre, masama! Saan ka naman nakakita ng doctor na pinayagan magpakuha ng mga pictures sa pasyente, nawala iyong patient's confidentiality.
Kahit na kanino mo gawin iyon talagang masamang-masama iyong nangyari, talagang masama iyon, hindi mo dapat gagawin iyon, wala sa protocol iyon, bawal iyon (Of course, it was wrong! Where can you find doctors that would allow photos to be taken that violate a patient's confidentiality? Regardless of whom you did it to, it was very bad. It violates protocol; it’s prohibited),” Duque said over radio station dyLA yesterday.
Duque said results of the hospital investigation and the DOH’s own inquiry would be compared.
The DOH will then see if it should recommend the revocation of licenses of medical workers by the Professional Regulations Commission (PRC).
Sanctions would depend on the level of participation of each of the persons inside the operating room, he said.
A protest picket is planned today outside the VSMMC, timed for a press conference where the hospital is scheduled to report the findings of its internal investigation.
The picket by the Bagong Alyansang Makabayan will be joined by members of the gay and lesbian community.
The picket will express their “outrage against the irresponsible and insensitive acts done by our health professionals” said Arman Perez, Bayan Muna secretary general.
Perez said they invited “Danilo”, the patient whose full identity has been withheld by media groups covering the scandal.
As of press time, it wasn’t clear whether Danilo would attend the demonstration.
The invitation was sent through barangay captain Dave Tumulak of Basak Pardo, who said Danilo was considering it.
Perez said the patient was a victim of discrimination. He said Danilowould have been treated with more respect if he was a son of a prominent individual and not a man who only finished grade 5.
Secretary Duque assured that the DOH would help Danilo get justice.
The medical personnel, who were inside the operating room at that time, all committed grave violations and should be held liable for their action, he said.
The video, which was uploaded in YouTube, showed there were more than 10 people inside the operating room. Some were laughing and jeering as the can of body spray was pulled out of his body. Surgical masks and robes make it difficult to identify the staff in detail.
Some cracked anti-gay jokes. Some pointed cameras and cellular phones at the unconscious patient, videotaping the operation.
Duque said the taking of pictures or videos in an operation room is generally banned.
“No one is allowed unless it is with the consent of the patient and for educational purposes. But even then, the photographer stays outside. You can only take a picture or video through the window. You cannot get inside the operating room,” he added.
Asked if the medical team violated their professional code, the health secretary said yes.
“Merong violation, malaking violation nila doon (They committed a grave violation).”
DOH Regional Director Madarieta said the videotape scandal gripping the largest government hospital in Central Visayas was a “lesson for everybody.”
“We have to strictly implement hospital policies. This would not have happened if there was no laxity in the enforcement of policies in hospitals.”
“We are doing everything to ensure that this does not happen again,” she said.
“It has to be clarified why the staff in the operating room reacted as they did.”
She referred to the out-of-place laughter in the operating room that could be interpreted as making fun of the patient.
“There is no doubt that the operation was successful and very clean. They did not need to open up the patient,” she remarked, but she said the exact moment of laughter had to be seen to determine the context of their actions.
She said uploading the video on YouTube was questionable.
“This was a rare case for medical study which is one reason why the taking of video footage was maybe allowed. But disseminating the video is an entirely different matter,” she said.
Madarieta said such conduct may make people who need surgery shy away from the operating room out of fear they would end up exposed on the Internet.
She said the VSMMC administration took corrective measures, including the immediate removal of the controversial video clip from YouTube.
The hospital issued a memorandum to all nursing students, doctors, and operating room staff prohibiting them from bringing camera-equipped cellular phones and other video equipment inside the operating room.
The hospital also initiated its own probe into the incident.
The result will be submitted today to Madarieta's office for review by a committee officials from the regional office's Integrity Development Committee, and those concerned with regulations on personnel.
“We will have to study what our guidelines and policies say about this particular incident. We will look at the level of violation and level of involvement,” said Secretary Duque.
Duque said he would also wait for the recommendation of Madarieta if there was a need to put the involved doctors and nurses under preventive suspension.
Danilo earlier said he would sue the hospital. His lawyer, Guiller Ceniza, said he is coordinating with the Integrated Bar of the Philippines Cebu City chapter on what charges to file.
But Ceniza said if the hospital imposes disciplinary actions on the erring doctors and nurses, they may no longer pursue the case. /With a report from Inquirer and Correspondents Haydee Quiñanola and Carine Asutilla
