Moruga mother sues SWRHA over death of twin babies

A Moruga mother whose premature twin babies died in January is suing the South West Regional Health Authority for negligence.

Attorneys for Pearly Graham, of Fifth Company, say had their client been given the proper care by doctors and nurses at two health facilities under the SWRHA, the babies would have had a better chance of survival.

In a pre action protocol letter sent last week, attorneys Pavitra Ramharack and Brandon Sirju say they will file a claim for negligence and wrongful death of the babies if the SWRHA does not make a proposal for settling the matter.

“The birth of the babies had been anxiously awaited by our client and her husband who were overjoyed at the thought of having twin boys and all of the joy of raising what was anticipated to be the newest members of their family.

“It should be noted that for too long there have been complaints by members of the public concerning the poor approach to health care in the public health system.

“To have our client suffer through her own public-health care nightmare is troubling to say the least,” Ramharack said.

Graham was 26 weeks pregnant when, on January 21, she began getting contractions. When they began increasing, she went to the Princes Town District Health Facility where she was made to wait before she could be seen. Ramharack alleged Graham was verbally abused by nurses and a doctor at the facility.

“His demeanour was hostile and aggressive as he told our client ‘we don’t have any equipment to deal with your case here!’ Our client attempted to explain that she was carrying twins and she was concerned, the said doctor responded by saying ‘even worse!’” the letter alleged.

Ramharack said Graham and her husband, Jermain, tried to get the doctor to call for the ambulance to take her to the San Fernando General Hospital.

However, she said, the doctor “became even more aggressive and raised his voice towards our client and stated ‘No! How did you get here? Leave just as you got here!’ Mr Graham attempted to speak with the said doctor, however, he refused to listen to Mr Graham and shouted at our client and Mr Graham ‘Get out from here, get out from here’.”

On the brink of tears, Ramharack said a security guard gave the Grahams the number for the ambulance service and after making contact, they were told to start driving and the emergency health services officials would meet them enroute.

The EHS personnel stayed with the couple on the phone.

At the hospital, nurses began monitoring Graham, hearing the heartbeats of the babies and seeing their movement on the monitor.

Graham gave birth minutes apart and each baby was removed from the room immediately, the lawyer said.

“Our client was able to look at them and hear them and was aware that both babies were alive at the time of birth.”

Graham’s ordeal did not end there as the attorney said a doctor spoke with her and told her it “ doesn’t make sense for the hospital to do anything as they will still lose the babies.

“Our client was in a state of confusion, shock and disbelief as she was unable to comprehend what the doctor was attempting to convey to her.

“While our client was aware that her babies were premature and alive at birth, no discussion was being held with her. No one was attempting to give her an update on her babies, instead, she was being told that it was not the hospital’s intention to attempt to preserve the life of her babies, but instead do nothing.”

Ramharack said Graham insisted every attempt be made to take care of and help her babies. Sometime later, the lawyer said Graham asked a doctor about registering the birth of her babies but was told that the “Government would consider it a miscarriage” and a birth certificate would not be issued, however, they will get a death certificate when they die.

“The doctor, being further callous in the information being given to our client, informed that a funeral would not be possible as it would require a death certificate to do the same and the hospital would dispose of the bodies.”

Although, Ramharack said Graham was asked of her choice, she said the client was “distraught” and could not answer.

Graham and her husband were allowed to have the babies for an hour.

“The babies were alive, breathing on their own, our client felt their heart beat and was able to invoke a response from both babies while holding them and cuddling them.”

The next day, Graham was discharged but not given any information on her babies.

In the letter, Ramharack quote the World Health Organisation (WHO)’s definition of a live birth and also said the Births and Deaths Registration Act did not give the SWRHA the discretion to determine that a child born alive should not be given the necessary documents as there was an expectancy of a short life.

“Further, a live birth cannot be defined as having the same meaning in law as a miscarriage or stillbirth.”

Ramharack alleged the SWRHA’s nurses and doctors failed in providing a duty of care towards her client, alleging that the way she was treated was “degrading and traumatic.”

The SWRHA was given 21 days to respond.