Derek Achong
A man who suffered an injury after slipping and falling on a wet floor at the Eric Williams Medical Sciences Complex in Mt Hope has won his case against the North Central Regional Health Authority (NCRHA) over its refusal to disclose its internal investigative report into the incident.
Delivering a written decision last Friday, High Court judge Joan Charles granted Shanon Thompson leave to pursue his judicial review case against the NCRHA and ordered the authority to disclose the requested document, which is required for him to pursue a negligence claim over the incident.
The incident happened at the facility on October 1, 2019, as Thompson accompanied his sister, who was warded at the complex for a surgery.
Thompson was reportedly walking near the surgical ward when he slipped and fell. He received medical treatment and then made a report to the complex’s Quality Department.
In December 2019, Thompson’s lawyers wrote the NCRHA, which runs the facility, and requested that it disclose Thompson’s medical records and the department’s report under the Freedom of Information Act (FOIA).
The NCRHA disclosed some documents but refused to disclose the report, which it claimed was covered by legal privilege.
In her decision, the judge questioned why the NCRHA did not provide evidence of the report being used by its legal department.
“No evidence has been adduced that this was an internal working document. I cannot accept this fact solely on the basis of the respondent’s submissions,” Charles said as she quashed the decision to refuse disclosure.
Thompson was represented by Anand Ramlogan, SC, Jayanti Lutchmedial, Jared Jagroo and Douglas Bayley.
Nirupa Rai represented the NCRHA.