The Supreme Court has awarded damages of more than $9 million to a woman for negligence in the removal of her womb at the Spanish Town Hospital almost nine years ago.
The defendants, buttressed by evidence by Dr Sherika Pearson, then junior resident in obstetrics and gynaecology; Dr Kingsley Ford, then senior registrar; and Dr Leslie Samuels, fellow of the American College of Obstetricians and Gynecologists, argued that the procedure – “evacuation of retained products of conception” – was executed because Chambers’ life was in jeopardy because she was bleeding heavily.
But the claimant argued that although she signed three consent forms, Pearson did not sufficiently apprise her of the three options available – vaginal insertion of a tablet; dilation and curettage (D&C); and the vacuum/suction curettage procedure – and that the latter was the least risky.
Pearson acknowledged not informing Chambers of the vacuum curettage procedure because that service was not accessible at Spanish Town or any other public hospital.
“Patients are now taken to have rights, including the right to be an active participant in the choice of treatment to be administered, having been made fully aware of the known risks,” Justice Lawrence-Beswick said.
