Parents win lawsuit against SWRHA

The South West Regional Health Authority (SWRHA) was ordered to pay damages to the parents Shaheeda and Guy Massiah.

The quantum of the payment are for damages and cost in relation to negligence of the San Fernando General Hospital.

The lawsuit cited the SWRHA as the defendant and stated that on July, 22, 2005, the mother Shaheeda went into labour while at the hospital and due to the negligence of the doctors and nursing staff, her son Evan Massiah was born with Cerebral Palsy. At the delivery the umbilical cord was tightly wound around his neck and he suffered Hypoxic Ischemic Encephalopathy secondary to cord compression.

The child was moved to England for treatment where the parents claimed that his condition improved.

However, the parents claimed while visiting Trinidad, their son contracted a respiratory tract illness and was taken to the San Fernando General Hospital for treatment.

Three-year-old Evans died on March 27,2009. The parents in the lawsuit stated that due to the negligence of the doctors, nurses and staff their son died. They contended that the hospital lacked the proper standard of care and service which led to the child’s death.

Evans died on March 27, 2009.

Attorney Shastri VC Parsad instructed by Keshma Sankar, represented the parents.

Attorneys Winston Seenath instructed by Alyson Cudjoe represented the SWRHA.

In the lawsuit, the parents also contended that the hospital failed to carry out continuous fetal monitoring of the well being of the foetus during labour.

The parents also contended that the hospital failed to induce labour in order to decrease the risk of infection in view of the prolonged rupture of membranes.

In addition Shaheeda and Guy contended that the hospital failed to monitor on a regular basis the fetal heartbeat during labour as well failure to carry out electronic fetal heart rate monitoring knowing the 36- year-old mother was a high risk patient. This was also cited as particulars of negligence in the lawsuit. When the deceased child was re-admitted to the hospital, based on the defence case, the SWRHA did not pay due regard to the fact that he had Cerebral Palsy.

The SWRHA, the parents said failed to analyse the signs and symptoms of the child’s condition and failed to make the correct diagnosis