The North West Regional Health Authority (NWRHA) has been found guilty of medical negligence.
Justice Geoffrey Henderson, presiding in the San Fernando High Court, has ruled that a surgeon in the NWRHAâ€™s employ failed to detect that Carapichaima housewife Indra Ragooâ€™s bladder was injured following a hysterectomy at the Eric Williams Medical Sciences Complex, Mt Hope, in 2001. Henderson ruled â€śthere was a breach in the standard of careâ€ť of the patient.
Attorneys Shawn Roopnarine and Robin Ramoutar, instructed by Helen Lochan, filed a personal injury/negligence lawsuit on Ragooâ€™s behalf after the woman developed complications following the surgery. The matter went to trial. Yesterday, at the end of the civil trial, Henderson ruled in the womanâ€™s favour. NWRHA attorneys, Robin Otway and Kern Saney, had called Dr Downs, the surgeon who performed the hysterectomy, to testify during the trial. Henderson, in giving his oral ruling, said: â€śBearing in mind the defendantâ€™s case (NWRHA) that the surgery was complicated (the surgeon) should have checked carefully for damage.â€ť
He said: â€śI do hold that the surgeon did not check for damage or if he did, then he did not check carefully to see if any damage was done.â€ť Ragoo, who also testified in the trial, said in her statement that on November 26, 2001 she went to Eric Williams Medical Sciences Complex where she had the surgery performed. She later developed complications following the surgery and an infection. She returned to the complex and was later transferred to the San Fernando General Hospital in 2002 for corrective surgery. Henderson adjourned the matter to Thursday at 10 am for a decision on the award of damages.
Extracted From: Trinidad Guardian Newspaper
Tuesday, May 18, 2010