Review of Iggy Agbayani Jr.'s case urged by doctors

Concerned over the possible implications of what happened to orthopedic surgeon Benigno “Iggy” Agbayani Jr. who died while in detention in October, several doctors and medical professionals are asking for a judicial review of his case.
 

Agbayani was placed in detention in May of this year after a court convicted him of reckless imprudence resulting in serious physical injuries in a case filed by Saul Hofileña Jr.,  one of his former patients. 
 

“The Philippine Orthopedic Association (POA) is very alarmed by this development. Knowing that a licensed and trained surgeon will get convicted and imprisoned for a seemingly common complication that we encounter,” said POA President David Alagar in John Consulta’s report on “24 Oras”.
 

According to the case he filed, Hofileña, a lawyer, alleged his medical condition became worse after Agbayani conducted knee surgery on him in 2006.
 

Hofileña said he had continuous operations due to infection. He said he had to use a wheelchair for two years and underwent rehabilitation for three years.
 

“Di naman siya medical error, siya ay komplikasyon na pwede talagang mangyari sa lahat ng mga operasyon. Pwedeng magkaroon ng impeksyon,” said Philippine Medical Association president Minerva Calimag.
 

(It was not a medical error but a complication that could occur in all operations. Infections are real possibilities.)

An online petition is now being conducted for a judicial review of the case.
 

“Maaari ring magkaroon ng mga taong magsamantala, pwede mo palang kasuhan si Doctor XYZ pag may nangyaring ganyan. Mag-iiba ang practice ng medicine sa Pilipinas,” said Dr. Jonas del Rosario over concerns that Agbayani's precedence could leave doctors vulnerable to lawsuits .
 

(This may set a precedent and some people may take advantage of it, that they could file a case against a doctor if something similar happens. The practice of medicine in the Philippines will change.)
 

But for lawyer Michael Tim of the University of the Philippines College of Law, doctors and medical professionals should have nothing to worry about.
 

“Ang naaalala kong na nasa decision ay heavy workload ng abugado na di talaga ina-accept ng mga korte kasi lahat ng abugado ay marami ang ginagawa. Bakit hindi sapat 'yung 45 days, more than a month para magawa yung appeal memorandum?” Tiu added.

(From what I remember of the decision is the heavy workload of the lawyer that the courts refused to accept since all of counsels were involved in a lot of work. Why was the 45 days not enough, more than a month (for Agbayani's lawyer) to finish the appeal memorandum?)

GMA Integrated News reached out to the legal counsel of the deceased surgeon for comment but he has yet to respond.—Sundy Locus/RF, GMA Integrated News