MANILA – Chief Justice Alexander Gesmundo on Wednesday said the Supreme Court intends to probe the death of an incarcerated 58-year-old doctor, who was sued by a lawyer-patient for reckless imprudence.
Gesmundo said the situation, if not rectified, may result in doctors staying away from lawyers.
“I-check namin kung anong nangyari talaga. Hindi basta puwede magsabi na ganito ang gagawin. Rerepasuhin namin… at base sa kung anong naging resulta, maaari kaming gumawa ng mga bagong instruction o rules para ‘wag na maulit ‘yung ganitong sitwasyon (We will check what happened. We can’t just say that this is what we will do. We will review it and based on the results, we may create new instructions or new rules so the same situation will not happen again)," Gesmundo told reporters during the “CJ Meets the Press” forum in Manila.
Gesmundo said they will also look into lapses under the Code of Professional Responsibility and Accountability (CPRA).
“The CPRA is not enough to be able to address these incidents where lawyers are apparently not doing their task effectively and efficiently to protect the interest of their client. We will look into that,” he added.
Orthopedic surgeon Dr. Benigno Agbayani Jr. fell unconscious at the Manila City Jail where he was serving a one-year sentence and was pronounced dead at Jose Reyes Memorial Medical Center in Sta. Cruz, Manila on Oct. 5.
He was supposed to be released on Nov. 26.
The Supreme Court turned down his appeal after a Manila court sentenced him to a year in prison for reckless imprudence resulting in serious physical injuries.
The patient, lawyer, and newspaper columnist Saul Hofileña Jr., sued Agbayani in 2006 after an arthroscopy led to post-operation issues.
The complainant said he was wheelchair-bound for two years and though he would never walk again. (PNA)
