GERONTOLOGY
FORMS
OF
MISCONDUCT
LARA LYN N. TRIBUCIO
LEVEL 3-A
1. Edna R. De Castro Case (G.R. No. 176287)
Misconduct: Negligence and attempted cover-up.
Scenario: On March 23, 1999, Edna R. De Castro, a nurse at Medical Center
Manila, failed to respond appropriately when a patient fell from her bed. During
the incident, De Castro did not check the patient's condition, did not report the
fall, and allegedly tried to influence her colleagues to cover up her negligence by
misrepresenting what occurred. An investigation found that her actions
constituted serious misconduct, leading to her dismissal from service. The court
later ruled that while her failure to attend to the patient was negligent, it was not
severe enough to warrant termination, as it was her first offense and did not
involve malicious intent.
.2. Bernie J. Llorente Case (G.R. No. 245258)
Misconduct: Breach of confidentiality and spreading false information.
Scenario: In March 2016, Bernie Llorente, a nursing attendant at Metro
Psychiatry, Inc., was accused of alerting a patient's family that their son was being
physically abused by staff members. This claim was based on a text message
received by the patient's mother from an anonymous source claiming to be a
former staff member. Upon investigation, it was revealed that Llorente's voice was
recognized on a speakerphone call with the mother. CCTV footage showed him
acting suspiciously by copying patient information and pocketing documents. The
court found substantial evidence against him for serious misconduct due to his
unauthorized use of confidential information and his actions that could damage
the clinic's reputation
3. Raquel A. de Castro Case
Misconduct: Grave misconduct related to dishonesty.
Scenario: Raquel A. de Castro faced charges of grave misconduct for failing to
disclose significant assets in her Statements of Assets, Liabilities, and Net Worth
(SALNs) while serving as a public nurse. An investigation revealed discrepancies
between her declared income and her actual lifestyle, including numerous
international trips that were inconsistent with her reported earnings. The Office of
the Ombudsman found her guilty of dishonesty and grave misconduct, resulting
in her dismissal from service
These cases illustrate various forms of misconduct by nurses in the Philippines,
emphasizing issues such as negligence in patient care, breaches of confidentiality,
and dishonesty regarding professional responsibilities. Each scenario highlights
the importance of accountability and adherence to ethical standards in nursing
practice.
1. Atikamekw Baby Death Case (Canada)
Misconduct: Professional negligence and failure to document.
Scenario:
A nurse responsible for the care of a seven-month-old Atikamekw baby in
Manawan, Quebec, committed several acts of professional misconduct before the
child died from complications of meningitis and COVID-19. The nurse failed to
properly document medical consultations and physical examinations, which led to
critical information about the child's condition being omitted. After the baby's
condition worsened, it took over eight hours for emergency care to be provided.
An investigation revealed that the nurse had received prior reprimands for similar
documentation failures and had attempted to cover up her negligence by
backdating notes after the baby's death. This case raised significant concerns
about nursing practices in remote healthcare settings and led to
recommendations for improving emergency response protocols
.2. Hong Kong Nurses Misconduct Case
Misconduct: Professional negligence leading to patient death.
Scenario:
In 2011, three nurses at Kowloon Hospital were found guilty of professional
misconduct after a 73-year-old cancer patient died due to a blocked breathing
hole in his throat caused by gauze. The Nursing Council ruled that these nurses
lacked proper training and failed to follow adequate protocols, which contributed
to the patient's death. They were banned from practicing for one month as a
consequence. The case highlighted systemic issues within the hospital regarding
training and staffing, prompting calls for improvements in patient care standards
3. RaDonda Vaught Case (USA)
Misconduct: Criminally negligent homicide due to medication error.
Scenario:
RaDonda Vaught, a nurse at Vanderbilt University Medical Center in Tennessee,
mistakenly administered a paralyzing agent instead of a sedative to patient
Charlene Murphey, leading to her death in December 2017. Vaught's errors
included removing the wrong medication from an automated dispensing cabinet
and failing to monitor Murphey's vital signs post-administration. After an
extensive investigation, Vaught was charged with criminally negligent homicide
and gross neglect of an impaired adult. She was ultimately sentenced to three
years of probation. This case sparked national debate about the criminalization of
medical errors and the systemic failures within healthcare institutions that
contribute to such incidents
4. Jesica Santillian Case (USA)
Misconduct: Severe medical error during organ transplant.
Scenario:
In 2003, Jesica Santillian underwent a heart and lung transplant at Duke
University Hospital without proper blood type matching between her and
the donor organs. This oversight resulted in severe brain damage due to
organ rejection after the transplant. The hospital later faced criticism for
covering up the mistake for eleven days before publicly acknowledging it.
The surgeon responsible was fined and had his medical license
suspended as part of the fallout from this tragic incident
5. Milford Regional Medical Center Case (USA)
Misconduct: Surgical error leading to unnecessary organ removal.
Scenario:
In 2006, an elderly woman underwent gallbladder surgery at Milford
Regional Medical Center, but instead, her right kidney was mistakenly
removed due to a surgeon misreading lab tests. The surgeon was placed
on probation by the state medical board following this incident, which
underscored the critical importance of accurate diagnostic interpretation
in surgical procedures
.These cases illustrate various forms of nursing misconduct across
different healthcare systems, emphasizing the need for stringent
adherence to protocols, thorough training, and accountability within
medical practice to ensure patient safety and trust in healthcare
providers.
De Castro Case:
Hospital Management Services, Inc. - Medical Center Manila
vs. Hospital Management Services, Inc. - Medical Center
Manila Employees Association-AFW and Edna R. De Castro,
G.R. No. 176287, January 31, 2011. Retrieved from
https://lawphil.net/judjuris/juri2011/jan2011/gr_176287_2011.
html
American Nurses Association. (2022, May 13). We are grateful
to the judge for leniency in the sentencing of Nurse RaDonda
Vaught. Retrieved from
https://www.nursingworld.org/news/news-releases/2022-
news-releases/ana-reacts-to-sentencing-of-nurse-radonda-
vaught/
Atikamekw Baby Death Case:
CBC News. (2022, November 22). Nurse linked to death of
Atikamekw baby committed professional malpractice, report
finds. Retrieved from
https://www.cbc.ca/news/canada/montreal/nurse-misconduct-
atikamekw-baby-death-manawan-1.6674015
Nurses, Negligence, and Malpractice Article:
NursingCenter. (2003). Nurses, negligence, and malpractice.
Nursing, 103(9), 54. Retrieved from
https://www.nursingcenter.com/journalarticle?
Article_ID=423284&Issue_ID=423107&Journal_ID=54030
