Dr Chatoorgoon wins legal costs

A HIGH Court Judge has ordered Dr Austin Trinidade and specialist doctor Charlie Bridgelal to pay legal costs to Dr Anand Chatoorgoon.

Trinidade, medical director of the San Fernando General Hospital (SFGH), appointed Bridgelal to replace Chatoorgoon as the hospital’s Head of Department of Anaesthetics when the latter was suspended by the Public Services Commission in October 1998. 

In March 2001, Chatoorgoon was reinstated as the senior anaesthetist. Thereafter he wrote to Trinidade and Bridgelal requesting that he be re-appointed to the post. He contended that according to established practice, the most senior person acts as head and he was senior to Bridgelal. But Bridgelal continued to act while Chatoorgoon worked under his supervision. The issue was clarified by the acting Principal Medical Officer of Health last month in a memorandum to all medical chiefs of staff. It advised that the most senior doctors be appointed to head departments. However, Chatoorgoon still was not appointed. Last month Justice Joseph Tam, presiding in the Second Civil Court, San Fernando, granted Chatoorgoon leave to file for judicial review of Trinidade’s decision in not facilitating his re-appointment. 

Trindade and Bridgelal were named as respondents in the action. Ramesh Lawrence Maharaj, SC, and attorney Ricky Harnanan, instructed by Sunil Gopaul-Gosine, represented Chatoorgoon. When hearing of the matter came up yesterday before Justice Tam in the San Fernando High Court, two attorneys from the office of the Solicitor General, Krishendeo Narinesingh and Marsha Rampersad, represented Trinidade and Bridgelal.

Maharaj told Justice Tam that Bridgelal had since relinquished the post of Head of Department and Trinidade had appointed Chatoorgoon. He requested that the judge either make a declaration or deem the continuation of the case as purely an academic exercise. If the judge was so minded, Maharaj said, he would not pursue a claim for damages but would seek an order that the respondents pay Chatoorgoon’s legal costs. Narinesingh indicated to the judge that he was neither agreeing nor disagreeing to costs. The judge ordered the respondent doctors to pay costs. Chatoorgoon was present in court but Trinidade and Bridgelal were not.