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

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...

09 June

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RANA RAMLAL V THE SOUTH WEST REGIONAL HEALTH AUTHORITY & DR. PATRICIA DEONARINE & THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO HC 1291/1998

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in MEDICAL COMPLAINTS COUNCIL CASES

4.Name of Case: Rana Ramlal v The South West Regional Health Authority and Dr. Patricia Deonarine and the Attorney General of Trinidad and Tobago HC 1291/1998 Type of Medical Negligence: Hospital Error/ Surgical Error Date of Judgment: 28th March, 2003 Presiding Judge: The Honourable Mr.Justice Dean- Armorer CASE SUMMARY: The issue was whether the second defendant, by her diagnosis and treatment of the plaintiff breached the duty of care and caused injury to the Plaintiff. The Plaintiff was nineteen (19) years old and eighteen (18) weeks pregnant. She attended the San Fernando General Hospital on 11th November, 1998 after...

09 June

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GRACE PRIMA V ATTORNEY GENERAL OF TRINIDAD & TOBAGO No. 6501/1985

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in MEDICAL COMPLAINTS COUNCIL CASES

3.Name of Case: Grace Prima v Attorney General of Trinidad and Tobago No. 6501 of 1985 Type of Medical Negligence: Hospital Error/ Surgeon’s Error Date of Judgment: 31st October, 1991 Presiding Judge: The Honourable Mr. Justice Basdeo Persad Maharaj CASE SUMMARY: The plaintiff suffered a ruptured uterus while preparing to give birth to her child at the Mount Hope Maternity Hospital. Emergency surgery was performed and the body of the child was delivered by caesarian section. The child was still-born and the umbilical cord was found to be wrapped three times around his neck. Due to the severity...

09 June

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RAMLAL BAJNATH V SOUTHERN MEDICAL CLINIC LIMITED AND S.C RAMDIAL NO. 608/1985

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in MEDICAL COMPLAINTS COUNCIL CASES

2.Name of Case: Ramlal Bajnath v Southern Medical Clinic Limited and S.C. Ramdial No. 608 of 1985 Date of Judgment: 20th October 1987 Presiding Judge: Master Occah Seapaul CASE SUMMARY: On 6th February 1985 the Plaintiff, who is the Administrator of the Estate of Eileen Chandrawatee Bajnath who died on 15th May 1981, brought an action for medical negligence and/or breach of contract against the defendants alleging that the second named defendant was negligent in his treatment of the deceased while she was a patient under his care and that such negligence caused the death of the deceased. On 22nd May 1987, the second named defendant...

09 June

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

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in MEDICAL COMPLAINTS COUNCIL CASES

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...

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