Gov’t probers find hospital ‘negligent’ for using tape, pacifier for boy’s mouth
Baby Johannes whose mouth was taped in a nursery last May was unfairly “punished” for crying and the private hospital in Cebu City where it happened may be liable for medical malpractice, a government inter-agency panel said yesterday.
The 15-page resolution of the fact-finding committee listed various lapses by the Cebu Puericulture Center and Maternity House Inc., focusing on the role of three nurses, a midwife and the management.
It also cited the “command responsibility” of medical director Dr. Raida Varona in the incident, which escalated after photos of Baby Johannes’ taped face were posted on Facebook last May 9 by the child’s parents.
The panel described attempts to cover up the violations, saying the medical staff knew who taped the baby’s mouth and used a pacifier but refused to say who were responsible.
“There was a deliberate concealment of fault or negligence of the staff for failure to report the incident,” said the report by members of the Regional Sub-Committee for the Welfare of Children.
The panel, which held two hearings, recommended the filing of “appropriate criminal, civil and/or administrative cases” against the hospital and its personnel.
The report came three days after an amicable settlement was signed by the baby’s mother Jasmine Badocdoc and hospital officials.
Lawyer Madyl Robinta of the Department of Health (DOH) 7 told reporters the settlement would not affect whatever is the final decision of the DOH, a member of the panel.
“The report made by DOH-7 is independent from whatever fact-finding is done with other agencies. We are concerned whether the hospital is complying with pertinent laws and requirements for their license to operate,” she said.
The DOH already submitted last Friday its own administrative evaluation to the Secretary of Health.
The fact-finding panel, chaired by Commission on Human Rights 7 lawyer Dante Jadman, said the resolution can guide any complainants in filing cases.
The hospital’s use of a pacifier for the baby is contrary to the government’s breastfeeding policy, said the panel. It also said the nursery was undermanned, with a ratio of 2 nurses to 28 babies instead of the standard for new born care of 1 is to 6.
The investigation confirmed the complaint of the baby’s mother Jasmine Badocdoc that adhesive tape and a pacifier were used to “quiet” her son.
“The time mother Badocdoc discovered the tape on the mouth of the baby without definite purpose for medication or explanation from the nurses on duty and from the hospital itself is a culpable negligence or medical malpractice,” said the final report.
“Worst, one of the nurses on duty just simply brushed away by saying ‘it might be for the pacifier’ and the hospital’s firm conviction that their staff has nothing to do with the taping. Again, not only fault or negligence had been done on the part of the hospital, rather (it) divested the trust of the patient reposed to them”.
It said pacifiers or artificial teats were not to be used even if a baby is premature in keeping with the “highest attainable standard of health as established by UNICEF and WHO through the baby-friendly hospital initiative.”
The inter-agency panel said “the use of pacifiers in their nursery is proof that nurses staff has failed to educate mothers about breastfeeding and do no strictly practice the Ten Steps to Successful Breastfeeding.”
Using tape on them mouth to hold pacifier or silence the baby was considered “corporal punishment” tantamount to child abuse under Republic Act 7610.
“The only means of expression for a baby is to cry. There humane and only acceptable response to a baby’s cry is human attention,” the panel said.
“Respondents are expected to oversee the safety of the hospital premises including the conduct of its staff in the care of boarder infants,” the panel said.
“The respondents also failed to see the immediate danger posed by taping of baby’s mouth and they failed to exercise the responsibility demanded by their position,” the panel added.
Aside from CHR-7, other members of the panel are DOH, Department of Social Welfare and Development (DSWD-7), National Telecommunications (NTC-7), Regional State Prosecutor (RSP), Department of Social Welfare and Services (DSWS) of Cebu City, National Bureau of Investigation (NBI-7), and the Women and Children Protection of Cebu City Police Office (CCPO).
Related Stories:
Hospital officials, mother of taped baby sign ‘no blame’ agreement
Ryan calls settlement ‘ploy of the hospital’
Disclaimer: The comments uploaded on this site do not necessarily represent or reflect the views of management and owner of Cebudailynews. We reserve the right to exclude comments that we deem to be inconsistent with our editorial standards.
