DOH suspends operation of hospital that refused an emergency case
The Department of Health (DOH) ordered the one-month suspension of the license to operate of Butuan Doctors Hospital (BDH) for refusing to treat a critically-ill 10-year-old girl because her parents do not have enough money to pay for the amount of deposit being asked by the admission staff.
“Wherefore, pursuant to the Implementing Rules and Regulations of R.A. 8344, the BDH’s license to operate is suspended for one (1) month,” the resolution which was obtained by Manila Bulletin declared, ordering the BDH to “cease and desist from operating for the same period reckoned from the date of receipt” of the resolution.
The resolution, signed by Atty. Nicholas Lutero of DOH, cited Section 1 of Republic Act 8344 which provides that: “In emergency cases, it shall be unlawful for any proprietor, president, director, manager or any other officer, and/or medical practitioner or employee of a hospital or medical clinic to request, solicit, demand or accept any deposit or any other form of advance payment as a prerequisite for confinement or medical treatment of a patient in such hospital or medical clinic or to refuse to administer medical treatment and support as dictated by good practice of medicine to prevent death of other form of disability.”
On July 15, due to lack of facilities, Yanna was taken from San Francisco Doctors Hospital (SFDH) to BDH. Despite being assisted by two nurses from SFDH with complete medical certificate and referral, BDH refused to accept the child because the Remedios’ available cash on hand that time was only around 8,000 to 10,000. The hospital, demanding for 30,000, did not change it decision despite the family’s pleading. They decided to bring Yanna to another hospital. Haplessly, before reaching the hospital in Davao City, she passed away due to congestive heart failure.
The BDH, through its president/CEO, Dr. Claudio B. Estacio claimed that the patient was not refused. He said “the admitting clerk proceeded to inform the mother of the projected expenses that she would be incurring once her daughter was admitted.”
On the other hand, the findings on the resolution noted that SFDH nurse Daisy Jane E. Maritone, who accompanied the patient, said in her affidavit that “her conversation with BDH chief nurse revolved around money.” Another nurse from SFDH, who also accompanied Yanna, likewise confirmed in an affidavit that Remedios approached them that the hospital do not want to admit them because they do not have 30,000.
“Considering that the patient is in emergency/serious condition, it is unreasonable for a hospital to first take time negotiating on deposit prior to treating and/or admitting a patient,” the resolution pointed out.
"I broke into tears when I received the copy of the resolution. I took out my daughter's pictures, looked at her, and if I could talk to he, I really want to tell her the news that something is happening in her case, that something is happening in the name of justice," she said.