ANTHONY JORDAN V THE NORTH CENTRAL REGIONAL HEALTH AUTHORITY CV 2012-03889
Name of Case: Anthony Jordan v The North Central Regional Health Authority CV 2012- 03889
Date of Judgment: 2nd June 2015
Judge Presiding: The Honourable Mr. Justice Peter A. Rajkumar
The Claimant was involved in a motor vehicular accident on 21st November 2008. He sustained injury, including a fracture to his right hip. On 22nd November 2008, he was taken to the defendant’s hospital, after being transferred from the Sangre Grande Hospital and was discharged the same evening without it being ascertained that he sustained a severe fracture of his right hip.
Since the servants of the defendant’s hospital failed to diagnose his hip fracture, the Claimant’s injury was not treated properly. In particular, he was not operated on or placed in traction and the fracture was not given an opportunity to unite. Consequently, there was a maluniting at the hip joint. Additionally, his Cauda Equina syndrome (a rare disorder affecting the bundle of nerve roots at the lower end of the spinal cord) which resulted from the impact of the accident, remained undiagnosed and untreated.
According to the Claimant, the defendant’s servants/agents breached their duty to him, due to their failure to diagnose and render appropriate treatment, resulting in him remaining with a disability which was potentially reversible at the time of the initial accident.
The claimant suffered severe injury in the initial accident which was solely attributable to him. However as a result of the default of the defendant, total hip replacement is now required which would not have been necessary if there had been early manipulation; fixation, reconstructive surgery along with traction, to prevent the maluniting that was permitted to occur.
The loss of chances of successful treatment in respect of both the initial hip injury and the Cauda Equina Syndrome are attributable to the defendant.
The Claimant is found to be entitled to general damages for pain and suffering and loss of amenities in the sum of $375,000.00; the sum of $75,000.00 in respect of loss of future pecuniary prospects; the sum of $10,913.31 in respect of medical expenses and in respect of cost of medical reports and doctors’ visits; the sum of $3500.00 is awarded in respect of home visits by private nurse; the sum of $11, 700.00 is awarded in respect of domestic assistance and home care for 18 months; nominal damages in the sum of $20,000.00 in respect of pre-trial loss of earnings; interest awarded on general damages, special damages and the nominal damages.