LINDA RAJKUMARSINGH V GULF VIEW MEDICAL CENTER HC 1958/2010

11. Name of Case:                 Linda Rajkumarsingh v Gulf View Medical Centre HC 1958/2010
Type of Medical Negligence:        Wrong Medication
Date of Judgment:                           16th October, 2012
Judge Presiding:                               Justice Peter A. Rajkumar

CASE SUMMARY:pill-bottles

The Claimant alleged that a nurse, an employee of the Defendant, mistakenly administered a drug, namely Depo- Provera (DP) instead of Gynodian Depot (GD). The Claimant regularly received Gynodian Depot for alleviation of vasomotor symptoms associated with menopause. The Claimant alleged that the mistaken administration of Depo- Provera resulted in her becoming ill and suffering adverse effects.
According to the Defendant, there was no negligence on their part, since the substitution of the drug was a deliberate and carefully considered substitution because of the ability of Depo Provera, like Gynodian Depot, to also ease vasomotor symptoms.

HELD:

The symptoms experienced by the Claimant upon receiving Depo- Provera were symptoms also experienced prior to the administration of Depo- Provera. Therefore the evidence of the Claimant that her symptoms were attributable to the administration of Depo-Provera could not be accepted.
Furthermore, no medical evidence of a causal link between bladder problems or problems with her legs and administration of Depo-Provera had been established.
The Claimant did not establish that the Defendant was in breach of its duty of care to her and had not in any event established that she sustained any loss, damage or injury attributable to the alleged incident.

Claimant’s claim dismissed with costs to be paid by her to the Defendant in the sum of Fourteen thousand dollars ($14, 000)

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