25 June

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WHEN CAN I SUE FOR NEGLIGENCE?

“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...

25 June

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Law firm on negligence cases: Doctors don’t testify against colleagues

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in MEDICAL COMPLAINTS COUNCIL CASES

A disciplinary complaint against Freedom House Law Chambers (FHLC) filed by claimants who believed they had a chance of winning their medical negligence case against the South West Regional Health Authority (SWRHA) has been dismissed. In response to a Sunday Guardian story entitled “Angry Dad: Law Firm Playing Politics”, FHLC described as “scurrilous, irresponsible and unprofessional” claims made about itshandling of a medical negligence case. In a statement yesterday, the law firm contended that such cases are “notoriously difficult” to win because “doctors do not testify against doctors.” “In order to succeed victims/prospective claimants must obtain expert medical opinion from experienced...

25 June

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A BROADER VISION OF JUSTICE

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in Laws of Trinidad and Tobago, Newspaper Articles

The language of “justice” is increasingly being used in the public discourse. Listening to most radio talk shows, one could ascertain that justice is no longer solely the jargon of either members of the legal fraternity or human rights activists. In fact, many street protests in the aftermath of police killings, medical negligence and the like are often punctuated with the cry, “We want justice”. If Aristotle’s description of justice as “to each is due” is what we mean by justice and it is becoming part of the language and consciousness of individuals and/or groups, we are indeed on the right...

25 June

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AG: NOT ONLY DOC TO BLAME

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in MEDICAL COMPLAINTS COUNCIL CASES

THE role of everyone involved in the death of a seven-month-old male foetus which died while its mother was undergoing a Caesarian-section at Mt Hope Women’s Hospital, will be examined, as the doctor who performed the surgery may not be the only one to be blamed, Attorney General Anand Ramlogan says. “The role of everyone, consultants and the interaction among those who comprised the team,” Ramlogan said, “will have to be examined as it may not be one person to blame for the death of the baby.” The baby received a gash on his head while the Caesarian-section was being performed on...

24 June

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DOCTORS FACE LAWSUIT OVER FINGER

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in MEDICAL COMPLAINTS COUNCIL CASES

A 25-year-old Point Lisas technician has threatened to filed a negligence lawsuit against a father and son medical team over the loss of his finger. Kevin Persad, 25, of Cunupia, through his attorneys Martin George and Company, has issued a pre-action protocol letter to the doctors who operate a southern based private clinic. Persad said his right index finger had to be amputated in the United States (US), last year, after several failed operations at the private medical facility. According to the pre-action protocol letter, Persad suffered injury to both his hands while at work on April 17, 2014. He was admitted to the...

24 June

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FINDINGS PLEASE

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in Case Histories

WHAT have been the findings of the independent investigative team appointed to probe the deaths of 35-year-old Leciana Mitchell-Sheppard and her baby boy Ajani Merrie, as well as several other instances of maternal/infant deaths at Tobago? Since November, the Tobago House of Assembly (THA) appointed doctor and lawyer Albert Persad to chair an independent investigative team into the deaths of Mitchell-Sheppard, her son Ajani and two other mothers and their babies. This team was given a two-week time frame within which to report. Five months later, we are yet to have answers. Mitchell-Sheppard, of Zion Hill, Belle Garden, Tobago, died on October...

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