Woman to pay costs to doctor, clinic

HIGH COURT Judge Mark Mohammed yesterday ordered legal clerk Dorean Dyall to pay costs to Dr Earl Brewster and Stanley’s Medical Clinic after an application to amend the $85,000 lawsuit of medical negligence brought against the doctor and the St Clair-based clinic was denied.

The decision followed an application made by Dyall’s attorney Odai Ramischand to have the medical negligence claim amended to include that on July 14, 1995, Dr Brewster caused a splint retriever to be lodged in Dyall. Dyall, 45, stated that she suffered special and aggravated damages amounting to $85,000 as a result of surgeries performed on her by Brewster. On July 6, 1995, Brewster performed a surgery to remove Dyall’s fibroid and clear the blockage of her fallopian tubes while in 1998, a hysterectomy was performed on Brewster at Stanley’s Medical Clinic in St Clair. After the surgery, in 1995, Dyall was informed that a splint, which had been placed in her fallopian tubes to protect them from blockage, had to be removed within one week. When Dyall returned, Brewster inserted a steel instrument into her to remove the splint. The procedure became too painful, and Dyall told Brewster to stop.

In passing judgment yesterday, Justice Mohammed explained that the application, which was filed in February 1995, had been filed too late according to Section 27 of the Medical Board Act. He explained that the professional services had been terminated with the removal of the splint and the splint remover, and pointed out that there was no connection between the surgery performed in 1995 and the surgery in 1998. As a result of these findings, Mohammed denied the application and ordered that Dyall pay Brewster’s and Stanley’s Medical Clinic’s cost in any event. Brewster was represented in the matter by attorney  Douglas Mendes and Shabiki Cazabon, while Stanley’s Medical Clinic was represented by Simeon de la Bastide, instructed by Lisa Fulchan. Ramischand and Nisha Persad appeared on behalf of Dyall.