The Doctor is In
Patient files for writ of habeas corpus
A 54-year-old woman with an unpaid medical bill went to court after officials of Perpetual Succour Hospital in Cebu City initially refused to discharge her.
Lalina Opolentisima, a hit-and-run accident victim, said hospital officials would not let her go home unless she paid the hospitalization fee of P96,000.
Opolentisima, through her daughter Renalyn, yesterday, sought a writ of habeas corpus from the Regional Trial Court (RTC) so she could be released.
RTC Judge Estela Alma Singco is set to hear the special proceeding today.
The court action may be moot and academic after hospital officials decided to release Opolentisima yesterday upon learning of the court case.
The woman’s lawyer Noel Archival said hospital owners should be sensitive to the needs of their clients.
“This incident should serve as a lesson to hospital owners who shouldn’t detain clients who can't afford to pay their bills. The laws states that no one is allowed to detain a person who fails to pay his or her hospital dues. The parties should, instead, sign a promissory note, to make sure that one's obligations will be paid,” Archival told Cebu Daily News last night.
Although the hospital decided to release the woman, Archival said he will still attend today's court hearing to make sure the case is terminated.
“The discharge of the patient from the hospital is earnestly sought with a promise that she and her family will settle the hospital bills as soon as possible,” Archival said.
Opolentisima was rushed to the hospital last Oct. 11 after she was hit by a Toyota sedan while crossing a street in Talamban, Cebu City.
She fractured her hip. The car’s driver did not stop to help her.
Opolentisima was brought to the hospital by bystanders who saw the accident.
When Opolentisima was ready to go home on October 20, hospital officials refused to discharge her due to her unpaid hospital bill.
With the help of her daugther, Opolentisima engaged a lawyer to file a petition for habeas corpus in court. The special civil action asks the court to issue an order to bring before the court the person petitioned.
This special remedy is usually used in cases of political detention and illegal arrest.
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