‘Impotent’ patient, 79, wins $.5M in court

A 79-year-old man who became impotent and had his testicles removed when he was wrongly advised that he had prostate cancer, has been awarded $375,000 in damages and $175,000 in costs by the Incorporated Trustees of the Seventh-day Adventist Church. Stephen Elie, of Cunupia, who took the Adventist Church to court, got the award in a consent agreement reached before Justice Peter Jamadar in the San Fernando High Court on July 20.

It was ordered that the Seventh- day Adventist Church pay Elie the agreed sum of $375,000 in full and final satisfaction of his claim, inclusive of interest. He was also awarded $175,000 in costs. Ramesh Lawrence Maharaj SC instructed by Daltons, appeared for Elie, while Bert Commissiong QC, appeared for the Adventist Church. Elie, who was born on March 28, 1925, was admitted to the Seventh-day Adventist Hospital at Cocorite on March 30 1994, for medical treatment arising from kidney and bladder ailments. Elie, in his statement of claim, said he was attended to by a doctor and diagnosed that he was suffering from prostate cancer and that his life was in imminent danger unless he agreed to an operation to remove his testicles.

He said that having regard to the life threatening situation, he agreed to undergo an operation to remove his testicles. The operation was carried out in April 1994. In December 1994 and early 1995, Elie was warded at the Mount Hope Hospital where he was treated for prostate related complaints. During the course of the treatment, various endocrinology and histology tests were carried out on Elie where it was certified by another doctor that there was no evidence of cancer or any malignancy in respect of his prostate, and that there was no need for the operation which was carried out on him. In his particulars of negligence, Elie contended that he was diagnosed that he was suffering from prostate cancer. He accused the medical team of failing to carry out any proper tests to confirm the diagnosis of prostate cancer.

He accused the doctor of failing to advise him of the need for a second opinion. Elie contended that the Seventh-day Adventist trustees failed to employ or hire skilful or competent staff at their hospital or maintain any proper supervision of the staff in the treatment and advice to the patient.  Elie contended that as a result of the operation, he became impotent and lost his testicles. In his claim, Elie said the operation carried out on him cost $2,000.