Republic of the Philippines

Department of Justice
NATIONAL PROSECUTION SERVICE
OFFICE OF THE PROVINCIAL PROSECUTOR
Tagum City, Davao del Norte

ESTHER V. VALIENTE,
Complainant,

-vs- NPS XI-03-INV-16F-00207

FOR: MEDICAL
MALPRACTICE/NEGLIGENCE

RHEA DOLOR C. BRILLANTES,

RICHARD T. MATA and BETHYL P. ISTURIS
Respondents.
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REPLY AFFIDAVIT
I, ESTHER V. VALIENTE, respectfully submit hereunder to
this Honorable Office, my reply to the Counter Affidavits of DR. RHEA
DOLOR C. BRILLANTES, DR. RICHARD T. MATA, and
BETHYL P. ISTURIS, RN of METROPOLITAN POLYMEDIC
COMMUNITY HOSPITAL, INC. (MPCH):

1. I am reiterating in this sworn affidavit the UTTER LACK OF

ATTENTION AND NEGLECT FOR QUALITY MEDICAL
SERVICE against the said medical personnel of MPCH that
ultimately caused the DEATH of my grandson, JOMAR B.
VALIENTE, JR. (Patient);

A. ON THE ISSUE OF PHLEBITIS OR THE INFLAMMATION OF

THE PATIENTS LEFT ARM

2. It can be said through their medical expertise that Phlebitis does not
correspond with the cause of death of the patient. But, the mere fact
that they only managed to remove the dextrose when the inflammation
is obviously and seriously evident constitutes their utter neglect on
the condition of the patient;

3. Further, they removed the offending needle of the dextrose only in the
moment that I complained that the patients left arm is in terrible
 pain and is noticeably and badly swollen. It should be noted that if
thorough observance to the patients left arm when they are
managing the patients dextrose has been done properly or if detected
such inflammation on its minimal stage, it could prevented the
later aggravated condition of the patients left arm that might
resulted into another infection since the patient had another fever;

4. The pictures that were firstly submitted were NOT grossly tampered
or distorted in some way in order to exaggerate the presentation of
the condition of the patients left arm (Paragraph 11 of Dr. Richard
T. Matas Counter Affidavit). Such claim is invalid since we dont
have any means or access to such photo-editing softwares or any
mode of tampering photo films or printed photos.

B. ON THE ISSUE OF THE DISCHARGE FROM MCPH AND

TRANSFER OF HOSPITALS

5. I did not mean to portray that we were prevented to transfer to

another hospital (Paragraph 7 of Bethyl P. Isturis Counter Affidavit)
last May 26, 2016 since there are no doctors around to sign our
discharge slip. I was forced to decide to the best of my knowledge to
stay in the hospital since the attending physician, Dr. Brillantes, is not
around to further explain the last assessment of the condition of the
patient and the risk for discharging him.

6. It is true that we consulted medical assistance at Rivera Medical

Center, Inc. (RMC) at Panabo City prior to the admittance in Davao
Regional Medical Center (DRMC) at Tagum City (In response to
Paragraph 14 of Dr. Rhea Dolor C. Brillantes Counter Affidavit).We
inquired for assistance in RMC just for about a couple of hours. Since
we cannot afford such services in RMC, we immediately proceed to
DRMC as another option. Therefore, I overlooked to consider that
scenario in my Complaint Affidavit.

C. ON THE ISSUE OF THE CAUSE OF DEATH OF THE

PATIENT

7. The death of the patient by immediate cause of Septic Shock with

an antecedent cause of Pediatric Community Acquired
Pneumonia can be told to be so unrelated to Phlebitis. However, it
should be considered that the patient also had a fever again while
 there is an evident inflammation of his left arm before we are
discharged at MCPH.

8. This leads to question on why did my grandson acquired such

Pneumonia that clearly intensified his condition. Taking to note his
aforementioned condition, it seems that it is more likely the patient
acquired the Pneumonia at MCPH than the two succeeding
hospitals. We barely had a day to stay on the latter hospitals to
acquire such disease.

9. Thus, it should have been detected by Dr. Brillantes or any other

medical personnel that would attend to the patient during our latter
days in MCPH. The demise of my grandson could have been
prevented if such attentive measures have been observed in the first
place.

Given and based on the above facts, most reputable circumstances,

and evidences duly presented, I respectfully submit that there is more
than PROBABLE CAUSE for Respondents to be held liable for
MEDICAL MALPRACTICE/MEDICAL NEGLIGENCE.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this __ day of ________ 2016 at Tagum City, Davao del Norte,
Philippines.

ESTHER V. VALIENTE
Complainant
Copy furnished:

ATTY. HECTOR GERARD C. BELISARIO, MD

Hi-way, Salvacion,
8105 Panabo City, Davao del Norte

EXPLANATION

Due to considerable distances involved, as well as lack of

material time, and manpower to effect the personal service of this Reply
Affidavit, the same was served to counsel for the Respondents through
registered mail and personally filed with the Honorable Court.

Esther V. Valiente