10 June

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STATUS & IMPORTANCE OF BIOSAFETY

Legislation The Republic of Trinidad and Tobago currently has no legislation to deal with GMOs and LMOs. The Cabinet of the Government has appointed a committee to develop a national policy and regulations on biosafety. A legal sub-committee was also formed to deal specifically with relevant legislative reforms. The existing legislation was examined with a view to determine whether any of the said legislation can be amended to address the issues surrounding GMOs and LMOs. Proposed legislation will focus on protection which is required at three stages: prior to arrival of GMOs/LMOs; upon arrival; and during use. Presently a draft biosafety policy...

10 June

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LAWSUIT OVER HUSBAND’S POST SURGERY DEATH

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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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ROY LAWRENCE CAESAR V SOUTH WEST REGIONAL HEALTH AUTHORITY HC 3462/2008

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in MEDICAL COMPLAINTS COUNCIL CASES

13. Name of Case: Roy Lawrence Caesar (Legal Personal Representative and Administrator the Estate of Esla Elsa Caesar) v South West Regional Health Authority HC 3462/2008 Type of Medical Negligence: Unsatisfactory Postoperative Care Date of Judgment: 19th March, 2014 Judge Presiding: The Honourable Mr. Justice Frank Seepersad CASE SUMMARY: The Claimants who are the father and Legal Personal Representative of Elsa Caesar (deceased) and the sister of the deceased and next friend of the deceased’s minor child, claimed damages under the Supreme...

09 June

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LORNE RAMSOOMAIR V THE SOUTH WEST REGIONAL HEALTH AUTHORITY AND OTHERS HC 1864/2012

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in MEDICAL COMPLAINTS COUNCIL CASES

12. Name of Case: Lorne Ramsoomair v The South West Regional Health Authority and Dr. Mondria Seenath and Dr. Deepavali Ramballack and Dr. Ashmeed Mohammed HC 1864/2012 Type of Medical Negligence: Hospital Error/ Surgeon’s Error Date of Judgment: 25th January, 2013 Judge Presiding: The Honourable Mr. Justice Frank Seepersad CASE SUMMARY: The Claimant, the Administrator of the Estate of Chrystal Naveeka Ramsoomair instituted a claim against the first Defendant as the employer of the second, third and fourth Defendants for negligence which resulted in the...

09 June

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LINDA RAJKUMARSINGH V GULF VIEW MEDICAL CENTER HC 1958/2010

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in MEDICAL COMPLAINTS COUNCIL CASES

11. Name of Case: Linda Rajkumarsingh v Gulf View Medical Centre HC 1958/2010 Type of Medical Negligence: Wrong Medication Date of Judgment: 16th October, 2012 Judge Presiding: Justice Peter A. Rajkumar CASE SUMMARY: The Claimant alleged that a nurse, an employee of the Defendant, mistakenly administered a drug, namely Depo- Provera (DP) instead of Gynodian Depot (GD). The Claimant regularly received Gynodian Depot for alleviation of vasomotor symptoms associated...

09 June

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BRIAN LEZAMA v DR.KONG SHEIK ACHONG LOW HC 912/2008

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in MEDICAL COMPLAINTS COUNCIL CASES

10. Name of Case: Brian Lezama (Administrator of the estate of Karen Lezama) v Dr. Kong Sheik Achong Low HC 912/ 2008 Type of Medical Negligence: Death of the Patient/ Childbirth Date of Judgment: 26th July, 2012 Judge Presiding: The Honourable Mr. Justice Ricky Rahim CASE SUMMARY: The Claimant, who is the Administrator of the Estate of Karen Lezama brought an action under the Supreme Court of Judicature Act of Trinidad and Tobago Chap 4:01 and the Compensation for Injuries Act Chap 8:05 for...

09 June

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ASHMEAD JOHAN V THE SOUTH WEST REGIONAL HEALTH AUTHORITY HC 2523/2006

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in MEDICAL COMPLAINTS COUNCIL CASES

9. Name of Case: Ashmead Johan v The South West Regional Health Authority HC 2523/2006 Type of Medical Negligence: Hospital Error Date of Judgment: 31st March, 2010 Judge Presiding: The Honourable Mr. Justice R. Boodoosingh CASE SUMMARY: The Claimant was taken to the Point Fortin Area Hospital on 26th August 2002 and was transferred to the San Fernando General Hospital where he remained some days and was diagnosed with a left foot drop. The Claimant claimed that due to injections being negligently administered by an agent...

09 June

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SAMDAYE HARRILAL V SOUTH WEST REGIONAL HEALTH AUTHORITY AND THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO HCA No. S555 of 2003

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in MEDICAL COMPLAINTS COUNCIL CASES

8.Name of Case: Samdaye Harrilal v South West Regional Health Authority and the Attorney General of Trinidad and Tobago HCA No. S555 of 2003 Type of Medical Negligence: Maternity/Childbirth Date of Judgment: 28th February, 2008 Judge Presiding: The Honourable Mr. Justice S. Shah CASE SUMMARY: The Plaintiff, who was pregnant, suffered from a congenital heart condition known as Ventricular Septal Defect (VSD). However, her medical condition was able to be managed by the administering of antibiotics during labour. On 22nd April, 2002, the Plaintiff thought...

09 June

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PAULA MAPP JOSEPH, HUGH JOSEPH V THE MINISTER OF HEALTH, NORTH WEST HEALTH AUTHORITY HCA No. 2405 of 2002

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in MEDICAL COMPLAINTS COUNCIL CASES

6.Name of Case: Paula Mapp Joseph; Hugh Joseph v The Minister of Health; North West Regional Health Authority; The Attorney General of Trinidad and Tobago HCA No. 2405 of 2002 Type of Medical Negligence: Misdiagnosis Date of Judgment: 11th May, 2007 Presiding Judge: Justice Prakash Moosai CASE SUMMARY: The main issue to be determined in this matter was what award should be made to the Plaintiff since the parties were unable to agree on the quantum of the ex gratia payment. Mrs. Mapp-Joseph had a...

09 June

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MARGARET ROBERTS V JULIET ROOPNARINESINGH AND THE INCORPORATED TRUSTEES OF THE SEVENTH DAY ADVENTIST CHURCH OF TRINIDAD AND TOBAGO HCA No. 2491/2000

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in MEDICAL COMPLAINTS COUNCIL CASES

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 CASE SUMMARY: 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...

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