{"id":2975,"date":"2015-06-29T19:09:38","date_gmt":"2015-06-29T19:09:38","guid":{"rendered":"http:\/\/martingeorge.net\/?p=2923"},"modified":"2015-06-29T19:09:38","modified_gmt":"2015-06-29T19:09:38","slug":"deonath-ramkissoon-legal-personal-representative-of-the-estate-of-the-late-aaron-ramkissoon-and-denecia-sookram-v-the-eastern-regional-health-authority-hc-21352008","status":"publish","type":"post","link":"https:\/\/martingeorge.net\/v2\/index.php\/2015\/06\/29\/deonath-ramkissoon-legal-personal-representative-of-the-estate-of-the-late-aaron-ramkissoon-and-denecia-sookram-v-the-eastern-regional-health-authority-hc-21352008\/","title":{"rendered":"Deonath Ramkissoon (Legal Personal Representative of the Estate of the Late Aaron Ramkissoon) and Denecia Sookram v The Eastern Regional Health Authority HC 2135\/2008"},"content":{"rendered":"

Name of Case:<\/strong>\u00a0 \u00a0 \u00a0 \u00a0 \u00a0Deonath Ramkissoon (Legal Personal Representative of the Estate <\/strong>of \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 the Late Aaron Ramkissoon) and Denecia Sookram v The Eastern \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 Regional Health Authority HC 2135\/2008<\/strong><\/p>\n

Type of Medical Negligence: \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Death of an Infant<\/strong><\/p>\n

Date of Judgment:\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/strong>16th<\/sup> December, 2009<\/p>\n

Judge Presiding: \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Justice Vasheist Kokaram<\/strong><\/p>\n

\u00a0<\/strong><\/p>\n

Case Summary:\"newborn-hospital\"<\/a><\/strong><\/p>\n

Ms. Denecia Sookram was admitted to the Sangre Grande Hospital on 11th<\/sup> January, 2005. At the time, Ms. Sookram was 38 weeks pregnant and in very early labour. Ms. Sookram subsequently gave birth to Aaron Sookram (hereinafter referred to as \u201cthe baby\u201d) on the said day.\u00a0However, all was not well with the baby as he had an APGAR score of 7 at birth and a score of 9 five minutes after birth.<\/p>\n

On the 12th<\/sup> January, 2015 the baby was breast fed by Ms. Sookram who alleged that before she was allowed to burp the baby, he was taken away from her and placed in an incubator. After the baby was taken from his mother and between the hours of 3:30a.m and 11:30a.m, the baby was under the care and management of the hospital staff. At about 3:30 am, it was observed that not enough oxygen was going into the baby\u2019s lungs. On the next occasion, when Ms. Sookram was allowed to see her baby, he was in the incubator cold and lying still, was no longer breathing and had subsequently died.<\/p>\n

Both parents of the baby commenced an action against the Defendant for damages in negligence. The father of the baby brought an action on behalf of the Estate of the baby while the mother brought a claim for general damages for negligence attributed to the staff of the hospital in their treatment of her baby during the course of the delivery of her baby and nervous shock as a result of death.<\/p>\n

 <\/p>\n

Held-\"2804399-doctors-and-surgeons\"<\/a><\/strong><\/p>\n

The Court opined that the accepted standards of the ordinary competent practitioner in the instant case were not met. The cause of death was due to respiratory failure caused by asphyxia following feeding and even if the failure to burp the child was not the cause of the baby\u2019s death, based on the facts, the duty nurse and doctor failed to exercise the proper care and skill in the treatment of the baby during the critical period.<\/p>\n

The Court awarded damages to the First Claimant against the Defendant in the sum of $22,000.00 with interest.\u00a0However, given that the Court was not convinced that the second Claimant suffered any clinical depression, nervous shock or anxiety beyond normal grief, the second Claimant\u2019s claim was dismissed with no order as to costs.<\/p>\n

The Defendant was mandated to pay costs to the first Claimant.<\/p>\n","protected":false},"excerpt":{"rendered":"

Name of Case:\u00a0 \u00a0 \u00a0 \u00a0 \u00a0Deonath Ramkissoon (Legal Personal Representative of the Estate of \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 the Late Aaron Ramkissoon) and Denecia Sookram v The Eastern \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 Regional Health Authority HC 2135\/2008 Type of Medical Negligence: \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Death of an Infant Date of Judgment:\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 16th December, 2009 Judge Presiding: \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Justice Vasheist Kokaram \u00a0 Case Summary: Ms. Denecia…<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_sitemap_exclude":false,"_sitemap_priority":"","_sitemap_frequency":"","footnotes":""},"categories":[62],"tags":[],"class_list":["post-2975","post","type-post","status-publish","format-standard","hentry","category-medical-complaints-council"],"_links":{"self":[{"href":"https:\/\/martingeorge.net\/v2\/index.php\/wp-json\/wp\/v2\/posts\/2975","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/martingeorge.net\/v2\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/martingeorge.net\/v2\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/martingeorge.net\/v2\/index.php\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/martingeorge.net\/v2\/index.php\/wp-json\/wp\/v2\/comments?post=2975"}],"version-history":[{"count":0,"href":"https:\/\/martingeorge.net\/v2\/index.php\/wp-json\/wp\/v2\/posts\/2975\/revisions"}],"wp:attachment":[{"href":"https:\/\/martingeorge.net\/v2\/index.php\/wp-json\/wp\/v2\/media?parent=2975"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/martingeorge.net\/v2\/index.php\/wp-json\/wp\/v2\/categories?post=2975"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/martingeorge.net\/v2\/index.php\/wp-json\/wp\/v2\/tags?post=2975"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}