TRHA culpable in 17-yr-old’s death

A High Court judge has found the Tobago Regional Health Authority (TRHA) culpable in the death of a 17-year-old who suffered severe internal injuries which had not been detected by doctors at the Scarborough General Hospital when he was admitted for stab wounds.

Zach Matthew Seeram died seven days after he was first treated for the stab wounds he received on September 1, 2010, and after returning to the Scarborough General Hospital on three separate occasions during that week.

He died on September 7, 2010 and a post-mortem concluded that he died from stab wounds, two of which caused severe injuries that resulted in his death.

A stab wound to his lower back injured his left diaphragm and his left lung causing a collapse of the lung and a wound to his abdomen penetrated the right diaphragm, liver and kidney.

The injuries had not been discovered by the attending physicians despite Seeram having visited the hospital on the three separate occasions.

In an oral ruling delivered in the Tobago High Court yesterday, Justice Frank Seepersad remonstrated with the TRHA which, in its defence, said Seeram was treated with reasonable skill by doctors and medical staff at the hospital.

They also said he was not in good health as he was a marijuana user and had a thyroid condition and, when he was first admitted to hospital, smelled of alcohol.

The TRHA also said the teenager was alert and oriented and although a CT scan was done at a private institution, the results of which were not available on time, it did not reveal the magnitude of injuries that could have resulted in his death. Another scan had also been recommended.

Seepersad said the evidence in the case demonstrated a dire need for critical review of the public health care system and the way in which it operated.

“It is unfathomable that, in 2010, a CT scan report which was ordered could sit on a desk at an off-site facility and no effort was made to ascertain the whereabouts of same,” the judge said.

“Instead he was discharged,” he said, adding that no attempt was made to determine the cause of Seeram’s complaints when he returned repeatedly to the hospital.

“The tears of his mother should not have been shed in vain,” he said, as he ordered that the teenager’s mother, Arlene Parisienne Seeram, who filed the lawsuit, be compensated.

The quantum of compensation will be assessed by a Master of the High Court. “His death may have been avoided if his internal injuries were detected. The life of one of our nation’s children was lost.We have a responsibility to ensure that such a circumstance never repeats itself,” Justice Seepersad said.

He also added that the practice of medicine had evolved so that doctors no longer had to “shoot in the dark” but could be aided, with a high level of certainty, by blood tests, CT scans and MRIs.

“Far too often, these are not utilised because machines are either unavailable or not functional. This situation must end. Our citizens deserve better.

“This court has had to deal with several medical negligence matters in Tobago and it’s simply outrageous that, in this island of 60,000 odd inhabitants, the only hospital is devoid of basic functioning equipment and staff. How can this be?

How can this island, in a time where economic diversification is desperately needed, be considered as a viable tourist destination when there is a lack of basic and essential medical services?” he asked.

The TRHA was represented by attorney Ken Wright while Seeram was represented by Senior Counsel Gilbert Peterson, SC, and Dawn Palackdharry Singh.