April 21, 2021

The Editor speaks

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Colin Wilsonweb2Judge “Uncomfortable”. So should we all

I had heard that under Cayman Islands law no doctor could be sued at the Cayman Islands Hospital if a patient suffers death or injury as a result of their negligence.

I found it unbelievable. Believe it or not it is true.

Even the judge, Justice Richard Williams, who upheld the law (Section 12 Health Services Authority Law) said he was “uncomfortable with such immunity.”

The HSA law provides blanket immunity from medical malpractice suits for anyone who works for the authority, except in cases where “bad faith” can be proved.

How could anyone with any ounce of decency and fairness write such a law and, even worse, get it passed by others, our supposedly “PEERS”?

No one should be above the law – not even the law!

This chronic BAD law states:

“Neither the authority nor any director or employee of the authority shall be liable in damages for anything done or omitted in the discharge of their respective functions or duties unless it is shown that the act or omission was in bad faith.”

Can you imagine if EVERY business and occupation were able to adopt such a rotten law?

If the government can adopt such a law pertaining to OUR HEALTH then it should open the door to EVERYONE.

And where does the Bill of Rights fit in?

In the case where Justice Williams had to adopt this rule in the HSA’s favour he said,
“Although the unambiguous and clear words in [section 12] may be consistent with the Legislature’s cost cutting and protective public policy prevailing eleven years ago at the time of its enactment, a later Government may feel it appropriate to openly clarify to the voting and wider public, who it is obligated to serve and protect, whether its declared policy is to retain legislation that denies remedies in tort for medical negligence against the Authority, its directors and its employees and to explain the justification for such a policy at this time.

“In light of the expressed view that civil liability can be regarded as an important mechanism to ensure quality of health service, one might ask whether such immunity from claims in damages for the Authority, its directors and employees inspires or hinders patients’ confidence in the Authority and the services it offers.”

Not surprising our Attorney General was reported that he did not wish to intervene.

I hope he changes his mind in the interest of FAIR JUSTICE!! He should be just as “UNCOMFORTABLE” with this law as we all are.

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