26 June

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BLOOD TRANSFUSION AT AGE 3… BOY, NOW 16, HIV-POSITIVE

A routine blood transfusion at Sangre Grande County Hospital for a three-year-old boy with sickle cell disease has resulted in a mother’s worst nightmare, as the child has contracted the HIV/Aids virus after receiving infected blood. The Eastern Regional Health Authority is facing a $4.5 million lawsuit for medical and clinical negligence. The suit charges that as a result of negligence and a blood transfusion with infected blood, Kevon (not his real name), faces a loss of expectation of life, endures constant pain, discomfort and suffering. He has problems attending school, and his family has mounting medical bills. Kevon, who doctors...

26 June

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COUPLE CLAIMS HOSPITAL NEGLIGENCE CAUSED BABY’S DEATH

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in MEDICAL COMPLAINTS COUNCIL CASES

At sixteen, Whitney Marshall-Carrington has gone through one of the worst ordeals in her life—giving birth to a stillborn baby. With the support of her husband, Solomon Carrington, 21, she is determined to get justice for their baby’s death. The couple is claiming that their baby died because of negligence at the Point Fortin Area Hospital. They intend to pursue legal action and are calling on Health Minister Dr Fuad Khan to launch an investigation into the circumstances surrounding her baby’s death. Speaking yesterday at the San Fernando office of their attorney, Navindra Ramnanan, the teenager said she had a healthy...

26 June

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ANGRY DAD: LAW FIRM PLAYING POLITICS

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in MEDICAL COMPLAINTS COUNCIL CASES

Several claimants who believe they have a chance of winning their medical negligence cases against the South West Regional Health Authority (SWRHA) are now seeking redress via the legal Disciplinary Committee. This, after some clients are alleging that they have been informed by attorneys from the San Fernando-based law firm that their matters were closed and could no longer be pursued. In fact, documents obtained by Sunday Guardian revealed that only last week an attorney from Freedom House Law Chambers was brought before the Disciplinary Committee in the Hall of Justice, Port-of-Spain regarding a matter of a similar nature. Official documents...

25 June

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COUPLE ONLY GETS $22,000 FOR BABY’S DEATH

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in MEDICAL COMPLAINTS COUNCIL CASES

A High Court judge on Wednesday ruled in favour of a Sangre Grande couple who sued the Eastern Regional Health Authority (ERHA) for negligence in the death of their newborn baby on January 12, 2005. A High Court judge on Wednesday ruled in favour of a Sangre Grande couple who sued the Eastern Regional Health Authority (ERHA) for negligence in the death of their newborn baby on January 12, 2005. However, it was a bitter-sweet victory for parents Deonath Ramkissoon and Denecia Sookram, who were awarded a paltry sum of $22,000 for the death of their child. It was because of the...

25 June

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MOM TO SUE AFTER LOSING SON

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in MEDICAL COMPLAINTS COUNCIL CASES

Distraught mother Krishendaye Sonny is planning to file a law suit against the San Fernando General Hospital for negligence following the death of her new-born baby boy. Sonny said so moments after she was told that the hospital officials started an internal investigation into the death of the baby yesterday. In an interview, Sonny's relatives said they contacted attorney Anand Ramlogan, who indicated that he was willing to take up the case. Yesterday, Ramlogan won another hospital negligence case at the San Fernando High Court against the Northwest Regional Health Authority. Ramlogan vowed to fight on the family's behalf to get...

25 June

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WHEN CAN I SUE FOR NEGLIGENCE?

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in Laws of Trinidad and Tobago

“A tort is a civil wrong (as distinct from a criminal wrong) for which a remedy may be obtained. It is a breach of a duty that the law imposes on persons (Black’s Law Dictionary).” Tort law covers many areas of liability. In this article attention will be given to negligence in road accidents. Road accidents A driver is under a duty to take proper care not to cause injury to other road users. Therefore, he or she must: • keep a proper look-out for other cars and road users • obey traffic rules and signals • not speed • overtake only when it is safe...

25 June

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MOM BLEEDS TO DEATH AFTER C-SECTION AT PRIVATE HOSPITAL

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in MEDICAL COMPLAINTS COUNCIL CASES

Two children will never experience the joy of spending Christmas with their mother, 28-year-old Sasha Bisnath, who died tragically hours after giving birth at a private medical facility in South, in what family members claim was a botched Caesarian section. Bisnath, of Orange Field, Carapichaima, gave birth to her second child, Siara, on Thursday morning. She was later pronounced dead around 8 pm, Friday, at the Intensive Care Unit of the San Fernando General Hospital (SFGH). An autopsy performed on Bisnath’s body yesterday at the mortuary of the SFGH by Dr Hubert Daisley stated death was due to Disseminating Intra-vascular Coagulation (DIC)....

25 June

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MEDIATION THE WAY TO GO

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in Laws of Trinidad and Tobago

November 10 to 16 is mediation week. It is a week designated by the Mediation Board of Trinidad and Tobago for the promotion of mediation as a reliable and accessible conflict resolution mechanism. The board is a regulatory body created by the Mediation Act No 8 of 2004. Its main objectives under the act are to certify and to regulate mediators, mediation trainers, mediation agencies and mediation training programmes. As regulators they consider it important that the public be aware of the nature of the process of mediation, its benefits and its various applications, which can have a huge impact in...

25 June

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DAMAGES TO BE AWARDED TO WOMAN THURSDAY

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in MEDICAL COMPLAINTS COUNCIL CASES

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 NWRHA’s employ failed to detect that Carapichaima housewife Indra Ragoo’s bladder was injured following a hysterectomy at the Eric Williams Medical Sciences Complex, Mt Hope, in 2001. Henderson ruled “there was a breach in the standard of care” of the patient. Attorneys Shawn Roopnarine and Robin Ramoutar, instructed by Helen Lochan, filed a personal injury/negligence lawsuit on Ragoo’s behalf after the woman developed complications following the surgery. The matter went to...

25 June

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Interception of Communications Act

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in Laws of Trinidad and Tobago

• Section 5 defines “intercept” as meaning, in relation to a communication, means listening to, monitoring, viewing, reading or recording, by any means, such a communication in its passage over a telecommunications network without the knowledge of the person making or receiving the communication; • The general rule according to section 6(1) is that a person who intentionally intercepts a communication in the course of its transmission by means of a telecommunications network commits an offence - fine of $500,000 and imprisonment for seven years. • However, the exceptions to this rule are where: o The communication is intercepted in obedience to a...

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