A private medical institution and a doctor have been blocked from removing themselves from a medical negligence lawsuit brought by former finance minister Karen Tesheira. The application was filed earlier this year after surgeon Dr Lester Goetz, one of two doctors listed in Tesheira’s lawsuit, opted to settle the claim against him last September 21.
After the settlement, the institution, Gulf View Medical Centre, and anaesthetist Dr Crisen Roopchand claimed the lawsuit against them should be struck out because Goetz’s admission absolved them of liability. They claimed the continued lawsuit was an abuse of process. But in a seven-page judgment delivered in the Port-of-Spain High Court yesterday afternoon, Justice Vasheist Kokaram dismissed the application sought by Gulf View Medical and Roopchand.
Kokaram said: “The claim is carefully drafted to plead separate aspects of negligence against the three parties. They are parties who played their distinct roles in the surgical procedure before, during and post the surgery. Each deserves its own special consideration.” He said the continued claim would not be prejudiced by Goetz’s admission of liability and settlement.
“Certainly on the issue of quantum the court would have to revisit the terms of the compromise agreement so that there is no windfall gained by the claimant (Tesheira) but that can certainly be determined at that stage, if indeed liability can be attributed to these defendants at all for the death of Mr Tesheira,” Kokaram said. The trial for the lawsuit is scheduled to take place in December.
Tesheira instituted the claim after her 53-year-old husband, Russell Tesheira, died at the centre on April 13, 2004. He was vice-president of sales and agencies administration at insurance company Clico. In May last year, Kokaram dismissed the lawsuit after Tesheira’s lawyers twice failed to file expert medical evidence, crucial to her case, by the specified dates. Tesheira appealed the decision. Before the appeal was heard by the Appeal Court, Tesheira came to the settlement with Goetz.
In October last year, the Appeal Court agreed with Tesheira’s appeal and reinstated her lawsuit against the centre and Roopchand, allowing her additional time to file her evidence. As a secondary issue, Kokaram was also asked to rule on whether the La Romaine-based medical institution and Roopchand should be allowed to file an ancillary claim against Goetz, seeking contribution and an indemnity from him.
Kokaram also dismissed the application, saying it was meritless. “These defendants have armed themselves with their own evidence and from a cursory glance it deals with the denial of negligence, the discharge of their duty of care and certainly can put forward a spirited defence which has always been their position regardless of the position of Mr Goetz,” Kokaram said. Tesheira was represented by Douglas Mendes, SC, Simon de la Bastide and Marcelle Ferdinand.
Gulf View Medical and the doctors’ legal team included Kemrajh Harrikisson, Christopher Hamel-Smith, Riaz Seecharan and Debra Thompson Bharath.