High Court dismisses medical negligence case against SWRHA

The High Court has dismissed a medical negligence lawsuit filed by a former crane operator with OAS Construtora Ltd more than a decade ago.

Justice Joan Charles dismissed Colin Ribeiro’s claim against the South-West Regional Health Authority (SWRHA), ruling that there was insufficient evidence to establish that the doctors at San Fernando General Hospital breached their duty of care.

In his claim, Ribeiro alleged that while on the job, he suffered an injury to his head when two bundles of steel shifted in struck him, leaving him unconscious.

He alleged that medical staff at San Fernando General misdiagnosed the severity of his shoulder injury during his initial hospital visit and later performed two surgeries, in December 2013 and December 2014, with inadequate care, resulting in a painful malunion of the clavicle and ongoing health complications.

Ribeiro sought damages exceeding $313,000, including for loss of earnings, future surgery, and pain and suffering.

However, Charles found that Ribeiro failed to prove his case on a balance of probabilities.

“The principal issue for determination in this case is whether the diagnosis and treatment of the claimant’s injury fell below the standard of care in accordance with the standards of reasonably competent medical men at the time,” the judge noted.

Ribeiro’s case leaned heavily on the testimony of an orthopedic expert who said several screws used to affix the plate in Ribeiro’s clavicle during the first surgery were too short and led to malunion which occurs when a fractured bone heals in a position that is not the normal anatomical position, resulting in a deformity.

However, under cross-examination, the expert conceded that the initial diagnosis and treatment on November 11, 2013 were appropriate and consistent with accepted medical practice.

She said Ribeiro’s expert supported the SWRHA’s case and had accepted that Ribeiro had been properly examined and treated in 2013, as she gave details of the doctor’s evidence.

“I am of the view that the claimant in this case failed to establish that the medical practitioners employed by the defendant failed to exercise a reasonable degree of skill or care in their treatment of his fractured clavicle.”

In its defence, the SWRHA maintained that all medical decisions made in Ribeiro’s care were consistent with standard medical procedures and were based on clinical findings and imaging results. It also pointed out that Ribeiro was a heavy smoker, which likely impaired his healing process, which he acknowledged in court.

In deciding the case, Charles concluded that the SWRHA’s doctors had acted within the bounds of reasonable medical judgment throughout Ribeiro’s treatment, including the decision during the second surgery to remove the plate without rebreaking and resetting the clavicle, which was already in the process of healing.

Ribeiro had also claimed loss of income based on his inability to continue working as a crane operator, but the court noted that his employer, OAS Construtora Ltd, ceased operations in Trinidad in 2015.

Charles found there was insufficient evidence to support the claim that his unemployment resulted solely from the injury.

With this ruling, Ribeiro’s claim for damages was dismissed in its entirety, and he was ordered to pay the SWRHA’s costs of $14,000.

Shaheed Hosein represented Ribeiro, while Roger Kawalsingh and Ravi Maurice Mungalsingh represented the SWRHA.