Republic of the PhilippinesREGIONAL TRIAL COURT

11th Judicial RegionBranch ___Davao City

Jane Ramos, Plaintiff,

- versus –

Susan Tan, and Davao City Medical Center Defendants.

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CIVIL CASE No. _______________

FOR: Damages and Attorney’s Fees.

COMPLAINT

COMES NOW the plaintiff, by the undersigned counsel, and to this Honorable Court, respectfully alleges:

1. That Plaintiff, single and 28 years of age, is a resident of #257 Halcon Rd., Central Park, Bangkal, Davao City;

2. That Plaintiff is an Bank Manager with an average salary of Php 25,000 per month;

3. That the Defendant Susan Tan, M. D. is a physician licensed to practice medicine in the Philippines and regularly engages in the practice of medicine in Davao City, Philippines;

4. That the Defendant Davao City Medical Center, is a Davao City Corporation with its principle corporate office located at Km. 4 J.P. Laurel Bajada Davao City, Davao Del Sur Philippines;

5. That Defendant Susan Tan, M.D is one of the attending physicians in Davao City Medical Center, acting under the authority of the latter;

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6. That Defendant Susan Tan, M.D. acted as an agent/employee of Davao City Medical Center;

7. That the amount of this claim is within the jurisdiction of the Regional Trial Court (i.e. Php 300,000.00);

8. That the appropriate venue for this claim is Davao City as the Plaintiff resides therein, and Defendants maintain their principal places of business in said City;

ALLEGATIONS COMMON TO ALL CAUSES OF ACTION

9. That on or about May 28, 2013, Plaintiff’s was admitted to Davao City Medical Center for severe abdominal pain;

10. That during the admission, Plaintiff was referred to the Defendant Susan Tan, M.D. by Defendant Davao City Medical Center;

11. That Defendant Susan Tan was the one who attended the Plaintiff during the latter’s admission and recommended tests;

12. That on or about May 30, 2013, Defendant Susan Tan ordered and conducted Endoscopic retrograde Cholangiopancreatography (“ERC”) on account of the Plaintiff continued severe abdominal pain despite pain relief medicine;

13. That on or about May 31, 2013, after the procedure, the Plaintiff suffered sudden central abdominal pain, shortness of breath, high fever and leukocytosis;

14. That on or about June 2, 2013, Defendant Susan Tan conducted an exploratory laparatomy to address Plaintiff’s problems but no findings were noted;

15. That on or about June 8, 2013, on account of the Plaintiff recurring symptoms, Defendant Susan Tan conducted another surgery and found perforated common bile duct and abscessed infection;

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16. That during the surgery, Defendant Susan Tan treated the perforations by abdominal drain placement.

17. That on or about June 10, 2013, Plaintiff continued to suffer severe abdominal pain, vomiting, chills and high fever;

18. That on or about June 13, 2013, Plaintiff opted to transfer to Davao Doctors Hospital for treatment;

19. That on or about June 16, 2013, the attending doctors in Davao Doctors Hospital performed exploratory laparotomy and found that the abscess caused an accumulation of pus, infected tissue, and bile juices, which caused a massive infection and necrosis of the various parts of his digestive tract.

20. That during the surgery, the attending doctors of Davao Doctors Hospital performed enterolysis to evacuate the abscess.

21. That on or about June 19, 2013, the attending doctors of Davao Doctors Hospital performed colostomy on the Plaintiff which was later reversed on the operation made on November 30 , 2013;

22. That on or about September 8, 2013, Plaintiff was discharged from Davao Doctors Hospital;

23. That on account of the above mentioned surgeries, Plaintiff was not able to work for 3 months;

24. That on or about September 15, 2013, Plaintiff filed a complaint for investigation before the Davao City Medical Center;

25. That up to date, no answer was made by Davao City Medical Center despite repeated demands;

CAUSES OF ACTION

26. Plaintiff is entitled to recover damages from Defendants jointly and severally based on the theories of liability hereinafter enumerated, and under such other theories of liability as may be appropriate based

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upon the facts as alleged herein or as revealed during discovery;

FIRST CAUSE OF ACTION(Gross Negligence of Susan Tan, M.D.)

27. That during the Plaintiffs admission before the Davao City Medical Center, Defendant Susan Tan, M. D., as attending physician, owed a duty to the Plaintiff to perform the procedures within an acceptable standard of medical care within the medical community;

28. That Susan Tan, M.D. breached this standard of care by negligently conducting ERC with no adequate basis and skills causing perforation in the common bile duct and abscessed infection;

29. That during the Plaintiff’s June 2, 2013 and June 8, 2013 surgeries, Defendant Susan Tan, M. D., owed a duty to the Plaintiff to perform the procedures within an acceptable standard of medical care within the medical community;

30. That Susan Tan, M.D. breached this standard of care by negligently failing to notice the perforation and abscessed infection during the June 2, 2013 surgery and by negligently failing to remedy the same during the June 8, 2013;

31. The foregoing acts and omissions of Defendant Susan Tan, M.D. were acts and omissions constituting conduct below the standards of the medical profession in Defendant Susan Tan, M.D. community and individually and/or collectively caused the Plaintiff’s injury.

32. As a proximate result of Defendant Susan Tan, M.D. conducts alleged herein, Plaintiff Jane Ramos has been damaged in an amount Plaintiff will prove.

SECOND CAUSE OF ACTION(Gross Negligence of Davao City Medical Center)

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33. The plaintiff incorporates the allegations and comments heretofore made in paragraphs 1-26 as if fully re-written;

34. Defendant Davao City Medical Center owed a duty of care to patients, like the plaintiff, under its care and control.

35. Defendant Davao City Medical Center breached such duty when it failed to perform according to the accepted standards for hospitals in the supervision and review during and post-operative surgery procedures of the its attending physicians under its control;

36. Defendant Davao City Medical Center failure to review and monitor post –operative procedures was the cause in fact of subsequent surgeries that led to the Plaintiff’s injury.

37. Defendant Davao City Medical Center failure to respond to Plaintiffs complaint for investigation constitutes blatant neglect of its duty in the supervision and review of the procedures made by its attending physicians.

38. As a proximate result of Defendant Davao City Medical Center’s conduct alleged herein, Plaintiff has been damaged in an amount Plaintiff Jane Ramos will prove.

THIRD CAUSE OF ACTION(Attorney’s Fees, Litigation Expenses and Cost of Suit)

39. The plaintiff incorporates the allegations and comments heretofore made in paragraphs 1-26 as if fully re-written;

40.As a consequence of defendants’ actions, Plaintiff was constrained to engage the services of counsel to whom it obligated itself to pay as Attorney's Fees the amount equivalent to TWENTY PERCENT (20%) of the total amount to be adjudged in favor of plaintiffs, and the costs of this suit.

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PRAYER

WHEREFORE, plaintiff requests that the Court enter judgment in favor of plaintiff and against defendants and each of them as follows:     

1. For actual damages in an amount that Plaintiff will prove;

2. For moral damages amounting to Php 300,000;

3. For exemplary damages as to each of the Defendants, in an amount determined to be appropriate by the court;

4. For attorney’s fees

5. For such other and further relief as to the court seems just in premises.

DATED this 30th day of November 2013.

Respectfully submitted,Buca, Ong Abrantes, Tay and Associates Room 82nd FloorLandCo BuildingBajada, Davao City(082)-222-87-68 Attorneys for Plaintiff(s)

Copy Furnished:

Galagar, Laurel, Rizada and AssociatesDavao City, Philippines

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VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

I, Jane Ramos, of legal age, after having been duly sworn in accordance with law, depose and state that:

1. I am a plaintiff in the above-stated case;

2. I caused the preparation of the foregoing complaint;

3. I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and/or on the basis of copies of documents and records in my possession;

4. I have not commenced any other action or proceeding involving the same issues in the Supreme Court, the Court of Appeals, or any other tribunal or agency;

5. To the best of my knowledge and belief, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency;

6. If I should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to report that fact within five (5) days therefrom to this Honorable Court.

___________________________ JANE RAMOS Affiant

SUBSCRIBED AND SWORN to before me this ___ day of __________ 200_ at _________________ affiant exhibiting to me his Community Tax Certificate No.____________________ issued on ________________ 200_ at ______________ City.

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WITNESS MY HAND AND SEAL.

JADE P. GO Notary Public for Davao CityUntil December 31, 2013Notarial Commission No.485-

2011 Roll of Attorney No. 82,287PTR No. 88772;1/2/11;Davao

CityDoc. No. 005; IBP No. 8722; 1/2/11; Davao City Page No. 003; Tin No. 654-852-321Book No. 001; Second Floor, JAC BuildingSeries of 2013. J.P. Laurel Ave.Bajada,Davao City

Copy Furnished

Galagar, Laurel, Rizada Law FirmDavao City

Received by:Date:

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