Judge was ‘plainly wrong’

In his submissions before Justices of Appeal Allan Mendonca, Prakash Moosai and Judith Jones, Roopchand’s attorney Roger Kawalsingh insisted that Justice Vasheist Kokaram got it wrong when he ruled against his client.

The negligence lawsuit was filed by his wife former People National Movement finance minister and current law lecturer Karen Nunez-Tesheira following her husband’s death at the hospital on April 13, 2004, after undergoing a transurethral resection of the prostate (TURP).

Nunez-Tesheira’s claim was the medical institution, along with Roopchand and urologist Dr Lester Goetz, was negligent and placed her husband’s life at risk by proceeding with the surgery and he died because of this negligence.

The judge found that Gulf View Medical and Roopchand fell woefully short and both failed to discharge their duties to the requisite standard of care expected of specialists and hospital authorities in managing the risk of post operative bleeding arising out of a TURP procedure.

He also held that based on the evidence of the expert witnesses, there was the balance of probability that there was negligence on the part of both Gulf View and Dr Roopchand in the pre-operative and post-operative care of Tesheira.

But Kawalsingh argued that it was the surgeon, and not his client, who had a duty to control the bleeding. He pointed to evidence that Roopchand did as was expected of him as the anaesthesiologist.

Although two days had been set aside for the hearing of the appeal, other days will be scheduled to allow for Nunez-Tesheira’s lead attorney Douglas Mendes,SC, to make his submissions, which will be followed by the reply by attorneys for Gulf View Medical and Roopchand.

More than $18 million in damages was awarded to Nunez-Tesheira. She was initially seeking $20 million in damages. Also appearing for Nunez-Tesheira is attorney Marcelle Ferdinand while British Queen’s Counsel Mary O’Rourke, Anand Beharrylal and Winston Seenath represent Gulf View Medical.

Dr Roopchand is being represented by attorneys Roger Kawalsingh and Ravi Mungalsingh.