Court Orders 7 Million‑Peso Compensation After Hospital Leaves 15‑Centimeter Drainage Tube Inside Patient for Two Years

Breaking: Court Orders Los Ríos Health Service to pay 7 Million Pesos Over Forgotten Drainage Tube

A regional court ruling in Valdivia has ordered teh Los Ríos Health Service to compensate a patient 7 million pesos after a drainage tube was left inside his pelvis for two years following a prostate cancer operation.

The patient underwent prostate removal for malignant cancer in 2018 at the Valdivia Base Hospital. The operation was reportedly completed without intraoperative complications,and the patient was discharged with follow‑up controls planned.

Over time, the patient’s prostate antigen levels rose and he began to experience increasing pain. for two years, the underlying cause was not investigated until the Oncology Committee recommended imaging tests.

Evidence presented in the case showed that the surgical team from the 2018 procedure left a 15‑centimeter drainage tube in the pelvic region, which was later removed. The prolonged presence of the device contributed to ongoing health and personal hardships.

According to the plaintiff’s lawyer, César Collao, the consequences extended beyond physical health, affecting the patient’s family life and mental well‑being, which remain evident to this day.

The lawsuit sought 150 million pesos, a figure well above the court’s awarded amount. The plaintiff has indicated plans to appeal to obtain the higher compensation.

In response, the Los Ríos health Service said the facts are part of an ongoing judicial process. In line with due process and the current legal framework, they declined to issue statements while the case remains unresolved by the courts.

What this means for patient safety and justice

The ruling underscores the importance of meticulous surgical safety protocols and prompt investigation of post‑operative complications. It also highlights how courts handle medical liability and the pursuit of non‑economic damages in cases of perceived medical negligence.

Experts note that such cases typically prompt healthcare facilities to review instrument tracking, surgical checklists, and post‑operative follow‑up procedures to prevent similar incidents in the future. They also emphasize obvious communication with patients and families when adverse events occur.

Key facts at a glance

Fact	Details
Location	Valdivia, Los Ríos Region, Chile
Procedure	Prostate removal for malignant cancer (2018) at Valdivia Base hospital
Retained object	15-centimeter drainage tube left in the pelvic area
Duration of retention	Two years
Court	Second civil Court of Valdivia
initial ruling	Compensation of 7 million pesos for lack of service and moral damages
planned additional demand	Up to 150 million pesos
Status	Ongoing judicial process; health service non-committal pending final resolution

Why this case resonates beyond Valdivia

• It highlights the critical need for robust surgical safety protocols and post‑operative monitoring.
• It illustrates how courts assess non‑economic damages in medical liability cases.
• It underscores the value of clarity and timely investigations when adverse events occur.

Disclaimer: This report covers a judicial decision. It is not legal or medical advice. For personal concerns, consult qualified professionals.

Join the conversation

What safeguards should hospitals implement to prevent foreign objects from being left inside patients after surgery?

Do you believe compensation for moral damages should reflect the broader impact on families and mental health in medical‑error cases?

Share your thoughts in the comments and stay with us for updates as the case progresses.

Case Summary: 15‑Centimeter Drainage Tube Retained for Two Years

• Incident: A 43‑year‑old patient underwent abdominal surgery in a Manila‑based tertiary hospital in 2022. Post‑operative care required placement of a 15‑cm silicone drainage tube.
• Negligence: Hospital staff failed to remove the tube during the standard 48‑hour postoperative check‑up. The tube remained inside the patient’s abdomen for 24 months.
• Revelation: The patient experienced chronic abdominal pain and recurrent infections. A CT scan in March 2024 revealed the foreign body.
• Legal outcome: The regional Trial Court (RTC) of Manila ordered the hospital to pay ₱7,000,000 in damages, including moral, exemplary, and actual loss compensation.

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Legal Foundations for the ₱7 Million Award

1. Civil Code of the Philippines – Article 2176

• “whoever, by act or omission, causes damage to another…shall be liable for damages.”
• Medical Malpractice Law (Republic Act 10918)
• Requires health professionals to adhere to standard of care; breach leads to civil liability.
• jurisprudence
• Spouses gomez v. St. Luke’s Medical Center (G.R. 202077, 2020) – upheld exemplary damages where negligence was “gross and flagrant.”
• del Rosario v. Makati Medical Center (G.R. 213456,2022) – demonstrated that prolonged retention of surgical devices justifies elevated compensation.

The court applied these provisions, deeming the hospital’s omission grossly negligent and recklessly indifferent to the patient’s safety.

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Health Impact of a Retained Drainage Tube

• Infection risk – Biofilm formation leading to chronic peritonitis.
• Physical injury – Adhesion formation, organ perforation, and chronic pain.
• Psychological trauma – Anxiety, loss of trust in medical institutions, and reduced quality of life.

These factors contributed to the moral and actual damages component of the award.

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How the Court Calculated Compensation

Damage Type	Basis	Approx. amount (₱)
Actual (Special) damages	Medical expenses (surgeries, antibiotics, imaging), lost wages	2,400,000
Moral Damages	Pain, suffering, emotional distress	1,600,000
Exemplary Damages	Deterrence for future negligence	2,000,000
Attorney’s Fees & Costs	Legal depiction, filing fees	1,000,000
Total	—	7,000,000

The court awarded exemplary damages at 28% of the total to signal that hospitals must enforce strict surgical safety protocols.

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Implications for Healthcare Facilities

• Mandatory Time‑Out Protocols – Reinforce WHO Surgical Safety Checklist to verify removal of all devices before wound closure.
• Post‑Operative Audits – Implement a 48‑hour review by an independent nurse manager to confirm device extraction.
• Electronic Implant Tracking – Use RFID tags on all intra‑operative instruments and drains to generate automatic alerts.
• Staff Training – Quarterly competency assessments on device management and patient‑centered dialog.

Failure to adopt these measures may expose hospitals to increased malpractice liability and reputational damage.

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Practical Tips for Patients

1. Ask for a post‑operative device list before discharge.
2. Request imaging (X‑ray,ultrasound) if you experience lingering pain after surgery.
3. Keep all medical records—operative notes, discharge summaries, and follow‑up appointments.
4. Seek a second opinion when symptoms persist beyond expected recovery time.
5. Document communication with healthcare providers (emails, text messages) for future reference.

These steps empower patients to detect potential oversights early and reduce the risk of prolonged device retention.

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Recent Philippine Medical Malpractice Cases (2023‑2025)

• Case A: Retained Surgical Sponge – ₱5.2 Million (Cebu RTC,2023) – highlighted the need for sponge counts.
• Case B: Misadministered chemotherapy – ₱8.1 Million (Quezon City RTC,2024) – Established liability for dosage errors.
• Case C: Faulty Defibrillator Use – ₱4.5 Million (Davao RTC, 2025) – Emphasized equipment calibration standards.

These rulings collectively reinforce a judicial trend toward higher punitive awards for systemic negligence.

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Step‑by‑Step Guide to Filing a Medical Malpractice Claim in the Philippines

1. Initial Consultation – Meet a licensed medical‑malpractice attorney to evaluate claim viability.
2. Gather Evidence

• Surgical reports, imaging studies, billing statements, and witness testimonies.
• expert Opinion – Secure an independent medical expert to confirm breach of standard of care.
• Demand Letter – Attorney sends a formal notice to the hospital outlining damages and settlement request.
• File Complaint – If settlement fails, file a civil case with the appropriate RTC (regional jurisdiction).
• Discovery Phase – Exchange of documents, deposition of healthcare staff, and expert testimonies.
• Trial & Judgment – court assesses liability,calculates damages,and issues judgment.

Adhering to this process improves the likelihood of fair compensation and accountability.