09 June

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RAMNARINE BISPATH v DR. HARRY SEENATH NO. 4998 of 1985

Case Name: Ramnarine Bispath v Dr. Harry Seenath No. 4998 of 1985 Date of Judgment: 3rd December, 1985 Presiding Judge: Master Occah Seapaul CASE SUMMARY: On 30th October, 1984, the Plaintiff brought an action for medical negligence which resulted in the death of an infant. On 2nd September, 1985, the defendant applied for an order for the Plaintiff’s Statement of Case to be struck out on the grounds that the claims were frivolous, vexatious and an abuse of the Court’s process since the action was commenced about three and a half years after the defendant’s professional services terminated. According to section 27 of the Medical Board Act...

09 June

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LAWSUIT OVER HUSBAND’S POST-SURGERY DEATH… $18 MILLION RULING FOR NUNEZ-TESHEIRA

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in MEDICAL COMPLAINTS COUNCIL CASES

A private medical institution and a specialist doctor have been ordered to pay over $18 million in compensation to former finance minister Karen Nunez-Tesheira for their alleged negligence leading to her husband’s death after a prostate operation in 2004. Nunez-Tesheira yesterday won quite possibly the highest ever payout in a medical negligence case in T&T’s history at the conclusion of an over decade-long legal battle with Gulf View Medical Centre and anaesthesiologist Dr Crisen Roopchand. Although she scored the major legal victory after overcoming numerous hurdles, including the dismissal of the lawsuit at a preliminary stage, Nunez-Tesheira will have to wait...

09 June

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YOUR RIGHT TO QUALITY SERVICE AS A PATIENT

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in Laws of Trinidad and Tobago

1. Access to Treatment 1.1 Every individual should be given impartial access to treatment or available lodging or appropriate medical and personal care based on individual needs, without considering his/her race, religion, gender, national origin or social class. 1.2 The right is limited where the service is not reimbursable by public sector or private resources. 1.3 Special consideration must be given to minors, the homeless and persons with disabilities. 2. Respect 2.1 You have the right to receive respectful treatment from providers of health care at all times and under all circumstances. 2.2 The right to fulfill your civic duty if your clinical condition permits. 3. Privacy...

09 June

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EQUAL OPPORTUNITY BILL

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in Laws of Trinidad and Tobago

The Equal Opportunity (No. 2) Bill, 2011 was introduced in the House of Representatives on 9 November, 2011 in the name of the Honourable Herbert Volney, Minister of Justice. The following is a brief explanation of some aspects of the Bill What is Equal Opportunity? Equality of opportunity is a principle that all people should be treated similarly, unhampered by artificial barriers or prejudices or preferences, except when particular ‘distinctions’ can be explicitly justified. What is discrimination? According to this Bill, discrimination occurs where a person (the discriminator) treats another person (the aggrieved person) in relevant circumstances, which are the same or are not...

08 June

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EXTRADITION IN TRINIDAD AND TOBAGO

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in Laws of Trinidad and Tobago

EXTRADITION IN TRINIDAD AND TOBAGO Trinidad and Tobago's domestic legislation dealing with the extradition of fugitives is contained in the Extradition (Commonwealth and Foreign Territories) Act, 1985. Trinidad and Tobago can extradite both citizens and non-citizens. The Extradition (Commonwealth and Foreign Territories) Act, 1985 (hereinafter referred to as "the Act") provides the domestic legal framework for extradition to and from Trinidad and Tobago. The Attorney General has the exclusive authority to decide whether to order the return of fugitives to declared commonwealth and declared foreign territories. The Attorney General also presents requests for the extradition of fugitives who are abroad and...

08 June

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IMPASSE ON HOSPITAL DEATHS CONTINUE

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in MEDICAL COMPLAINTS COUNCIL CASES

ATTORNEY Martin George says that the Tobago Regional Health Authority (TRHA) has accepted liability in the neonatal and maternal deaths at the Scarborough General Hospital last year. However, he claims that the TRHA is now refusing to release the report into the deaths of Leciana Mitchell-Sheppard and her son, Ajani. He is accusing the TRHA of “evasion, deception and subterfuge as it relates to Tobago’s health sector.” George says, “This goes beyond this case. Every citizen that has to access those facilities should be concerned.” George, who is acting for Sheppard’s husband, Brinsley, is bringing a civil case against the TRHA on behalf...

05 June

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MATERNITY BENEFIT

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in Laws of Trinidad and Tobago

The National Insurance Maternity Benefit is paid to insured women who are away from work as a result pregnancy. The benefit is comprised of a weekly payment of a Maternity Allowance (to maximum of 14 weeks paid in a lump sum) and a Maternity Grant of $3,750.00. The benefit is not paid if a pregnancy has lasted less than 26 weeks unless the pregnancy resulted in a live birth. You may, however, be entitled to sickness benefit. Who Can Claim Maternity Benefit (Allowance and Grant) You can claim for the maternity benefit if - You are between the ages of 16 and 65; You are an...

05 June

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HOW DO I MAKE A CLAIM FOR COMPENSATION FOR DAMAGES TO MY APPLIANCES CAUSED BY ELECTRICAL DISTURBANCES

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in Laws of Trinidad and Tobago

A. 1. Report the damage promptly to your nearest T&TEC Customer Service Centre or Distribution Area. 2. Following a visit by T&TEC’s Consumer Investigator, complete the Claim Form and submit along with copies of documents in support of your claim e.g. repair bills, estimate of repair, invoices, technician’s report, to the relevant Distribution Area Office. 3. You should state accurately, the date and time that the incident occurred and the circumstances surrounding the incident. Indicate also whether any trouble calls were made to T&TEC with respect to the incident. 4. If the item cannot be repaired then you are to submit...

03 June

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SYSTEM OF GOVERNMENT

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in Laws of Trinidad and Tobago

Trinidad and Tobago follows the Westminster model of government and upholds the traditions of parliamentary democracy it inherited from Britain. The country gained independence in 1962 and became a republic in 1976. It is a member of the British Commonwealth. General elections are held at least every 5 years; the democratic transfer of power is peaceful and routine. Legislative power lies with the House of Representatives with 41 elected members, and the Senate with 31 members appointed by the President on the advice of the Prime Minister and Leader of the Opposition; nine of these members are independents. Executive power lies...

03 June

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TRINIDAD & TOBAGO DEATH PENALTY LAWS

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in Laws of Trinidad and Tobago

Chronology of Death Penalty laws in Trinidad and Tobago. 1. The Bill of Rights 1688 expressly prohibits any "cruel and unusual punishment". 2. According to Section 4 of the Offences Against the Person Act (Chapter 11:08) "Every person convicted of murder shall suffer death" and the Criminal Procedure Act (Chapter 12:02) in section 57 provides:− "(1) Every warrant for the execution of any prisoner under sentence of death shall be under the hand and Seal of the President, and shall be directed to the Marshal, and shall be carried into execution by such Marshal or his assistant at such time and place as...

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