Stories by Derek Achong
The family of a woman, who bled out after the stillbirth of her fourth child almost two decades ago, can finally receive their financial compensation from a doctor who was found to be negligent in her death.
Delivering a judgment on Monday, five Law Lords of the United Kingdom-based Privy Council dismissed specialist obstetrician and gynaecologist Dr Kongsheik Achong Low’s final appeal over the outcome of the medical negligence lawsuit brought by the family of Karen Lezama.
In the judgment, the Privy Council ruled that the local Court of Appeal was correct to uphold High Court Judge Ricky Rahim’s finding against Dr Achong Low.
Dame Nicola Davies, who wrote the judgment, said: “We are satisfied that the court carefully analysed the facts and the evidence of the experts and properly concluded on the evidence that the appellant was negligent in his treatment of Mrs Lezama.”
“The Court of Appeal, in approaching the issue of causation, rightly considered the evidence not only of the clinicians but also that of Mrs Lezama’s husband, who graphically described the bleeding, the nature and amount of blood lost by his wife and the chaos in the delivery room,” she added.
As part of the board’s decision in the case, Dame Davies ordered that the compensation assessed for Lezama’s family, that was put in an interest-bearing account pending the final resolution of the case, be released to them.
According to the evidence in the case, Lezama, a data entry operator and a gestational diabetic, died almost 12 hours after she was admitted to Stanley’s Medical Clinic in St Clair on April 6, 2003.
Achong Low was not Lezama’s usual doctor but was filling in for a colleague, who was abroad.
Lezama’s case was upheld by Justice Rahim, which led Dr Achong Low to appeal to the Court of Appeal.
Delivering a 64-page judgment in March 2018, the appeal panel ruled that although Justice Rahim made three material errors in analysing the evidence of the medical care Lezama received from Dr Achong Low, it did not impact his correct finding that he (Achong Low) was negligent.
In the appeal before the Privy Council, Dr Achong Low claimed that the Court of Appeal was wrong to rule that he did not diagnose that Lezama was suffering from amniotic fluid embolism (AFE), which led to post-partum haemorrhage (PPH) and disseminated intravascular coagulopathy (DIC) and her death.
Dame Davies ruled that Dr Achong Low’s alleged diagnosis of AFE was not plausible based on the evidence, including based on Lezama’s death certificate, prepared by him, that had no mention of it.
“Whether the patient was suffering from AFE, or from uterine atony leading to PPH and DIC, there was a need accepted by the experts for the appellant and respondent, for blood and blood products and for additional professional help,” she said, as she noted that Dr Achong Low waited two hours after the bleeding began to request blood.
“He made no request for further professional assistance. Indeed, he refused the offer of help from another doctor at the medical centre,” she added.
Achong Low was represented by Ian Benjamin, SC and Pierre Rudder while Theresa Hadad, Patricia Dindyal and Nera Narine represented Lezama’s family.
