MARGARET ROBERTS V JULIET ROOPNARINESINGH AND THE INCORPORATED TRUSTEES OF THE SEVENTH DAY ADVENTIST CHURCH OF TRINIDAD AND TOBAGO HCA No. 2491/2000
5.Name of Case: Margaret Roberts v Juliet Roopnarinesingh (legal personal
Representative of the estate of Syam Roopnarinesingh) and The
Incorporated Trustees of the Seventh Day Advbentist Church of
Trinidad and Tobago HCA No. 2491 of 2000
Type of Medical Negligence: Surgeon’s Error
Date of Judgment: 26th July, 2007
Presiding Judge: Justice Zainool Hosein
The Plaintiff was a patient of the first Defendant for more than fifteen (15) years prior. The first Defendant advised the Plaintiff in December 1998 to undergo a surgical procedure to remove fibroids from her uterus and the Plaintiff was admitted to the Seventh Day
Adventist Community Hospital on 9th January 1999 for the procedure to be performed. The first Defendant performed the myomectomy on the Plaintiff on 10th January 1999. However, a 12” x 12” swab was left in the Plaintiff’s abdomen from 10th January 1999 to August 1999 when it was removed during a surgical procedure. As a result of the swab left in the Plaintiff’s abdomen, the Plaintiff suffered various injuries.
The Plaintiff claimed against the Defendants for personal injuries, loss and damage caused by negligence of the defendants, their servants, agents and employees in the provision of professional medical services on 9th January, 1999.
The trial judge concluded that the injuries and pain and suffering endured by the Plaintiff were at least three to four times more serious and agonizing that the Grace Prima case. Therefore the award in that case ought to be used as a base figure from which there should be a significant increase to reflect both the greater and more traumatic injuries as well as the scope of the pain and suffering.
Judgement for the Plaintiff against the First and second defendants.
General damages in the sum of $875,000.00 with interest and special damages in the sum of $660,884.48 with interest on $560,884.48