Probable cause found against 2 Cebu doctors for mayor’s death

The Cebu City Prosecutor’s Office finds probable cause to indict two doctors for the death of Barili Mayor Marlon Garcia, younger brother to Cebu Governor Gwendolyn Garcia.

In a 34-page resolution released on March 1 but made public on May 8, Assistant City Prosecutor Verna Merelos recommended the filing of a case of reckless imprudence resulting in homicide against respondents Dr. Elfleda Hernandez and Dr. Yvonne Bettina Montejo. 

“The undersigned also finds that the respondents’ defenses of denial, adherence to the best standard of care of the patient and the limitations set by the family on the treatment of Mr. Garcia are all evidentiary in nature and should be ventilated in a full blown trial,” the resolution reads.

Marlon was first admitted to Chong Hua Hospital, a private hospital in Cebu City, on August 5, 2020 for shortness of breath.

He was soon swabbed, and eventually tested positive for COVID-19.

Marlon died on September 6 from “septic shock secondary to catheter related bloodstream infection, ventilator associated pneumonia.”

Because Marlon died after he had reportedly recovered from COVID-19, his family sought the medical opinion of Yale University infectious disease expert Dr. Ravi Durvasula.

In his affidavit, Durvasula claimed there were lapses in the medical treatment administered by both doctors after Marlon had recovered from COVID-19.

“Based upon a reasonable degree of medical certainty, it is my opinion that Mr. Garcia’s care at the Chong Hua Hospital did not meet acceptable standards. Though initial treatment of COVID-19 pneumonia and vascular complications was appropriate and protocol-driven, subsequent care deviated from acceptable standards of medical documentation, laboratory investigations and infection control,” Durvasula wrote.

In their counter affidavits, both doctors denied allegations of negligence on their behalf that led to Marlon’s death.

The two doctors also pointed out that Marlon was severely obese and diabetic, which put him at risk of severe COVID-19 infection. They added that Marlon self-medicated with a Chinese drug that had not been approved for the treatment of the coronavirus disease.

Meanwhile, Chong Hua Hospital stood by its doctors in a statement to reporters on May 10.  

Chong Hua stressed that the escalation to a court trial is not a finding of guilt but a chance for respondents to present their case further. 

“The Cebu Prosecutor’s recent finding in the case of the late Mayor Marlon Garcia is not unexpected in these extraordinary times. The indictment is not a finding of guilt but only a confirmation of the opportunity given by the legal process for the attending physicians to prove the quality care they have given to their patient,” the statement read. 

– Rappler.com