Judge dismisses accident victim’s medical negligence claim against NCRHA

In a significant ruling, Trinidad and Tobago’s High Court has rejected a medical negligence lawsuit against the North Central Regional Health Authority (NCRHA), determining that physicians at Eric Williams Medical Sciences Complex provided appropriate care despite systemic healthcare challenges.

The case involved Vern Khan, who sustained injuries in a April 2011 accident when his vehicle fell 30 feet, resulting in a fractured right arm. Khan contended that hospital staff delayed necessary surgery, provided inadequate post-operative care, and ultimately caused permanent disability in his limb.

Justice Joan Charles delivered a comprehensive verdict after examining testimony from both Khan’s medical expert, Dr. Stephen Ramroop, and the defense’s orthopedic specialist, Dr. Anil Kumar. The court found that the 19-day interval before Khan’s May 9, 2011 surgery was medically justified given his presentation with alcohol intoxication, elevated white blood cell counts, facial nerve palsy, and depressive symptoms.

The judgment emphasized that systemic resource limitations in public healthcare—particularly surgical scheduling delays—do not automatically constitute negligence when medical professionals adhere to established standards. Justice Charles noted that Khan’s own refusal to maintain his back-slab cast contrary to medical advice significantly contributed to his complications.

Furthermore, the court identified inconsistencies in Khan’s testimony and dismissed his expert’s claims after identifying factual inaccuracies, including an erroneous assertion regarding post-operative X-rays. The ruling established that Khan failed to demonstrate either a breach of duty of care or a direct causal relationship between alleged negligence and his injury.

The NCRHA received a favorable judgment with costs awarded amounting to $14,000. Legal representation featured Pavitra Ramharack and Brandon Sirju for the claimant, while Colin Blaize and Farai Hove Masaisai advocated for the health authority.