Gynaecologist backs sued doctor

Gynaecologist Dr Ralph Hoyte testified yesterday that he would never do a stupid thing such as operate on a patient without the patient’s permission, and that he knows Dr Earl Brewster who is being sued for medical negligence would never get into the operating theatre at Stanley’s Medical Clinic unless he has permission from the patient to operate.

Brewster is being sued by Dorean Dyall for allegedly performing a hysterectomy operation without her consent in July 1998. During the operation, Brewster was assisted by Hoyte who was his consultant. Hoyte said he had never seen any written consent form but assumed that Brewster had the consent of Dyall to operate and, on that assumption, he proceeded to engage in the operation. He also added that he was satisfied that Brewster had permission to do the operation. He admitted that he had never seen or spoken to Dyall before the operation, and that the first time he saw her was while she was in the operating theatre.

He explained that they were scheduled to do an ovarian cyst operation but ended up performing a hysterectomy which usually lasted about an hour. However, in Dyall’s case it took about two and a half hours. Hoyte went into some detail about Dyall’s medical condition and why it took so long to do the operation. Dyall is seeking damages for medical negligence before Justice Mark Mohammed in the Port-of-Spain Fifth Civil Court. She is being represented by attorney Odai Ramischand, while attorneys Douglas Mendes and Shabiki Cazabon are representing Brewster. At the end of yesterday’s hearing, the case for both sides came to a close and attorneys will now have to file written submissions in law by November 28. Any oral arguments to be made will be done on December 10.