UNDER THE MICRCOSCOPE

Two weeks after my column (Sad day for doctors, sadder still for patients, Oct. 31, 2023) detailed the tragic conviction and death during incarceration of Iggy Agbayani, the issue continues to simmer. Coincidentally, a business newspaper columnist also discussed the Iggy case on the same day, making it a double.

It  was amazing  how my column went viral, arousing vigorous discussions on group chats, Facebook, X (Twitter), and other social media platforms. The case was fodder for a later editorial in another daily newspaper, as well as reactions from  former chief justice Artemio Panganiban (‘...remand the case to the trial courts to determine whether there was indeed reckless imprudence on the non-sterilization issue,  and if so, whether it should  be factually attributed to him.’), Health Secretary Teddy Herbosa (‘Doctors should unite after Agbayani’s death’).

The issue has gone beyond the personal, for the case has dangled a Damocles sword over doctors’ heads, ready to fall at the slightest wavering of a doctor’s relationship with the patient. Doctors’ reactions were predictable. Many were angered over how Iggy was treated. A reaction I reported was that of some doctors saying they will no longer treat lawyers, to which some lawyers snarkily retorted that if I saw it that way, I should not be practicing medicine. Excuse  me, but I was only reporting what I read on group chats. 

Medical malpractice is also in the news, no doubt fueled by Iggy’s case as well. A doctor-lawmaker in Congress opined the country is not ready for a medical malpractice law, saying doctors will become defensive, and “instead of giving priority to the welfare of the patient, they will protect themselves first against any possible complaints from patients.”

An economist who writes in a newspaper’s business section devoted three successive columns on doctors. The first described the NEDA document on health as “in the realm of dreams,” with government having cut the health budget by ₱10 billion. The second column decried the treatment of doctors like Bobby de la Paz and Dreyfus Perlas, both killed while serving in the poorest communities in the hinterlands; and the third, the shortage of doctors. The last is sure to be aggravated by the impact of the Agbayani decision on the plans of doctors-to-be and the possibility of early retirement or cutbacks in practice of current medical practitioners.

A premed classmate of mine attended a welcome party for a foreign-based doctor couple who had put up a well-equipped clinic in their hometown so they could continue their practice here in the Philippines. Naturally, the talk was about the Iggy case, and on hearing about it, they decided to just return to the USA.

Another news item cited the current scarcity of doctors which will take 23 years to attain the ideal 14.3 doctors per 10,000 population. The shabby treatment given Iggy Agbayani in the judicial system will certainly not help in this matter either.

The UP Medical Alumni Society in America (UPMASA), Philippine Orthopedic Association, Philippine Medical Association, and Iggy’s fraternity, Phi Kappa Mu, have issued statements of support for Iggy and concern about the impact of the case on medical practice.

The furor must have made an impact on the plaintiff, who just issued his own statement about his suffering from the infection that precipitated the lawsuit. But no matter if he did suffer, it still doesn’t justify the tragic end that befell Iggy, whose culpability was not established in the incident. Not a word was said about the lawsuit or its justification.

The time is certainly right for the judicial system to re-examine the facts of the case, rather than falling back on the technicalities that marked the case throughout the 16 years of protracted trial. It also highlights how our justice system grinds ever so slowly, with lawyers raising all sorts of objections to defer hearings and block witnesses from testifying. No wonder our jails are packed to the rafters with persons deprived of liberty (PDLs), who couldn’t post bail due to financial hardships. 

The recent release of former Senator Leila de Lima after six years and seven months also shines the light on the undue delays in allowing her to post bail for her politically-motivated cases. At least, she is now free on bail. Hopefully, she will be exonerated from the ludicrous charges and turn the tables on her tormentors.

Overall, it doesn’t paint a good picture of the judicial system, which is long overdue for reform.