REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

11TH JUDICIAL REGION
BRANCH X

JAMES HARDEN,
Plaintiff,

Vs Civil Case No. 43567

For: Damages

Laiza Manoban and Darwin Digamon

Defendant,

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Complaint-Affidavit

Plaintiff, thru counsel, and unto this Honorable Court, respectfully avers that:

1. Plaintiff, James Harden, is a Filipino Citizen, of legal age, married, and a resident of Blk 7, Lot 4,
Bangkal, Davao City. Plaintiff is the husband of the deceased Glenda Harden both domiciled at
Brgy. Jerome, Agdao, Davao City;
2. The Defendants, Darwin Digamon is an obstetrician with PRC Certificate No. 136786 and Jun
Trinidad an anesthesiologist with PRC Certificate No. 143267 providing medical services in
Agdao Medical Hospital at the time of the alleged medical malpractice;
3. That for cause of action against the defendants. It is hereby stated that on March 23, 2019, the
plaintiffs’ wife Glenda Harden, died in a “botched” caesarian operation evidenced by death
certificate no. 4673 marked as (Exhibit A) due to the fault of the defendants;
4. That prior to the conduct of the Cesarean operation, the deceased was diagnosed by Dr. Jimmy
Fallon as having a Coronary heart disease as evidenced by a medical certificate
issued by the latter marked as (Exhibit B);
5. That this matter regarding the heart disorder of the deceased was known to the
defendant obstetrician as evidenced by the testimony of the Secretary of the latter
on her executed Judicial Affidavit (Exhibit C);
6. That on March 23, 2019 at 9:00 o’clock in the morning, the plaintiff together with his wife went
to Agdao Medical Hospital due to labor contractions since she was in her 37 th week of pregnancy.
At about 1:30 o’clock in the afternoon, the obstetrician of the deceased, defendant Dr. Laiza
Manoban, arrived at Agdao Medical Hospital and attended the wife of the plaintiff. At about
4:00 0’clock in the afternoon, due to abnormal fetal rate, defendant Manoban informed the
plaintiff without considering the heart disorder of the deceased, that she will perform a
cesarean birth delivery. At around 4:30 ‘o’clock in the afternoon, the deceased together with
the plaintiff was brought to the delivery room where the defendant anesthesiologist Darwin
Digamon was already present. During the process of the cesarean section delivery, the
defendant anesthesiologist also failed to inquire regarding the heart disorder of the deceased.
Hence, defendant Digamon was not able to continuously monitor the heart rate of the
deceased during the procedure. At around 5:10 in the afternoon, after the defendant
obstetrician made an incision in the uterus, the deceased heart failed during the operation.
 She was resuscitated inside the operating room but after 1 week in the Intensive Care Unit
(ICU) she died without regaining her consciousness.
7. That the standard of medical care pertaining to Cesarean Birth Delivery applicable to the
deceased was to inquire her or the plaintiff of any heart disease prior to the conduct of the
operation.
8. That based on the testimony of Dr. Kylie Jenner, an obstetrician practicing for more than 20
years, there was a breach committed against the standard of medical care pertaining to
Cesarean operation since as part of the generally accepted procedure the obstetrician should
consider health factors such as heart disease of the patient prior to the conduct of the cesarean
operation. This testimony was executed in her Judicial Affidavit marked as Exhibit D;
9. That based on the testimony of Dr. Jimmy Kimmel Jr., a renowned anesthesiologist and
a 2007 Physician board topnotcher, there was a breached committed by defendant Darwin
Digamon since he did not inquire regarding the heart condition of the deceased. As part of
the generally accepted procedure, after the abdomen of the patient was draped with a sterile
material, it is the duty of the anesthesiologist to inquire regarding any heart disorder and
continuously monitor the heart rate, blood pressure, breathing and blood oxygen level of the
patient during the procedure. This testimony was executed in her Judicial Affidavit marked
as Exhibit E;
10. That the breached of the defendants against the standard of medical
care pertaining to Cesarean operation is the proximate cause which
resulted to the death of the wife of the plaintiff.
11.