Gynaecologist loses wrongful death appeal

A GYNAECOLOGIST who was ordered to compensate the husband of a woman who died while giving birth to her fourth child in 2003, has lost his appeal. Dr Kong Sheik Achong Low was found negligent and ordered by Justice Ricky Rahim in 2012 to compensate Karen Lezama’s widower Brian, who filed the negligence lawsuit.

Achong Low appealed, but his challenge was dismissed by Justices of Appeal Nolan Bereaux, Rajendra Narine and Mark Mohammed. Although Bereaux, who delivered the ruling, found errors in the judge’s original findings on negligence, he said in his own assessment of the evidence, Rahim “came to the correct conclusion.”

He also said the likely cause of Lezama’s death was massive post-partum haemorrhage and Achong Low’s treatment of the patient fell below standard. “Negligent treatment on a balance of probabilities, was the cause of the demise of Mrs Lezama and the appellant is liable in damages.” Lezama, 41, died on April 6, 2003, at Stanley’s Nursing Home in St Clair after giving birth to her stillborn son, who was named Ryan. Her widower testified at the trial that his wife had gestational diabetes and was a “known bleeder.” Karen’s mother, Margaret D’Hereaux, in her evidence, said her daughter managed her condition and was in good health.

Achong Low said he was not aware of Karen’s condition and did not know of complications during her three other pregnancies. Lezama claimed Achong Low failed to do blood investigations on his wife and failed to have enough blood on hand at the clinic, considering his wife’s condition.

Achong Low was represented by attorneys Ian Benjamin and Michael Bullock. Stanley Marcus and Patricia Dindyal represented Brian Lezama at the appeal.