The original article can be found in: Trinidad Express By Rickie Ramdass
A private criminal action has been filed against three doctors by Lorne Ramsoomair, the husband of Chrystal Boodoo-Ramsoomair, who died following a Caesarean Section at the San Fernando General Hospital in 2011.
The proceedings were filed on Tuesday at the San Fernando Magistrates’ Court before a Justice of the Peace by attorneys seeking the interest of Ramsoomair.
According to court documents, the doctors are scheduled to appear in the San Fernando First Court next week Tuesday each on a charge of manslaughter.
The charge brought against the doctors is that they “did medically treat or failed to medically treat Chrystal Ramsoomair in such a negligent manner which caused her death.”
Boodoo-Ramsoomair, 29, of Grant Street, Couva, died on March 4, after undergoing a Caesarean Section which was allegedly carried out by the doctors.
Since her death, the South West Regional Health Authority (SWRHA) has accepted liability for her death but denied that the doctors were negligent.
Earlier this year, the High Court cleared the way for Ramsoomair to take civil action against the doctors.
The doctors had sought to have the claim brought against them by the woman’s husband struck down following the SWRHA’s acceptance of liability, but Justice Frank Seepersad ruled in Ramsoomair’s favour on January 24.
Seepersad ruled that the admission by the SWRHA did not obviate the need for the court to hear the facts and arrive at a decision as to whether the doctors were negligent, and whether they failed to provide Boodoo-Ramsoomair the duty of care that was to be expected from reasonable medical practitioners.
The doctors later appealed the judge’s ruling but they again suffered defeat at the Court of Appeal.
On April 8, Chief Justice Ivor Archie and Appeal Court judges Maureen Rajnauth-Lee and Nolan Bereau said they were in agreement with the ruling handed down by Seepersad.
The doctors had argued that Ramsoomair could not recover compensation against them by pursuing his claim since this would amount to double recovery as the SWRHA has already accepted liability.
They had also described the claim in their individual capacities as frivolous and/or vexatious and premised on the fact that they were employees and/or servants of the SWRHA.
The doctors had also stated that the claim against them amounted to abuse of process since they were not independent contractors.
The SWRHA had admitted liability because it failed to provide proper medical and support services to Boodoo-Ramsoomair.
The SWRHA said the doctors, at all times, exercised a reasonable standard of care based on the staff, medical facilities and support services it provided.
