2 doctors face trial over Barili mayor’s death

Barili Mayor Marlon Garcia attends a press conference called by his elder sister, Governor Gwendolyn Garcia, in this July 20, 2020 photo. | CDND file photo

CEBU CITY, Philippines – A group of medical professionals in Central Visayas has expressed support for two of its members who are now facing trial over the death of Barili mayor Marlon Garcia.

“We stand in solidarity with our colleagues and all frontliners. Our enemy is COVID-19,” the Philippine College of Physicians in Central Visayas (PCP-CV) said in a recent statement posted on social media.

PCP-CV made the comment after news broke that the Cebu City Prosecutor found probable cause to indict Dr. Elfleda Hernandez and Dr. Yvonne Bettina Montejo on Garcia’s death.

The 34-page resolution was penned by Assistant City Prosecutor Verna Merelos on March 1, who also recommended the filing of reckless imprudence resulting in homicide charge against Hernandez and Montejo.

The prosecution found merit in the testimonies provided by U.S.-based physician Dr. Ravi Durvasula that led to their decision to elevate the matter to the trial courts.

“For purposes of this preliminary investigation, the opinion of Dr. Durvasula on the existence of questionable standards of care is sufficient to establish the element of breach of duty. Hence, there is probable cause to engender a well-founded belief that respondents are probably guilty and should be held for trial,” the document said.

“Verily, the causation of the death as having been admitted as hospital-acquired bacterial infection lends credence to the complainant’s allegation that there was lack of the standard of care expected of the attending physicians,” it added.

Garcia died last September 2020 due to “septic shock secondary to catheter-related bloodstream infection, ventilator-associated pneumonia” while under the care of Chong Hua Hospital.

Approximately three months later, the Garcias sued the two doctors over the former mayor’s death, and sought the help of Durvasula to “evaluate the quality of care” given by the hospital as well as by Hernandez and Montejo.

Durvasula, in his testimony, pointed out the “development of catheter-related bloodstream infection” was a hospital care concern.

“That death due to a hospital/healthcare-acquired infection due to Pseudomonas aeruginosa cannot be avoided but only minimized due to certain circumstances beyond the control of the hospital,” the prosecution added.

On the other hand, Hernandez and Montejo, based on the counter-affidavits they submitted, denied any wrongdoing and assured the prosecution that all medical interventions made on Marlon were within professional bounds.

“They further allege that the death of Mr. Garcia was due in part to his existing co-morbidities… Both respondents are of the same medical opinion that Mr. Garcia had to remain intubated and hospitalized because he could still not breathe on his own and the premature removal of the ventilator and hospital discharge would have surely resulted in his outright death,” the resolution said. / dcb

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