March 8, 2021

The Editor Speaks: It was not my intention

Pin It

Colin Wilsonweb2How many times throughout our lives have we done something that produces outcomes we did not intend?

I am ashamed to say many. And too many for me to remember them all.

I wrote a recent Editorial on the Cayman Islands Health Law that was passed in 2004 giving complete immunity to protect all doctors from negligence claims. It was written under the title “Judge ‘Uncomfortable’. should we all” – see iNews Cayman The Editor Speaks Published February 23 2016 at: https://www.ieyenews.com/wordpress/the-editor-speaks-4/

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.

“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.”

The Cayman Islands’ Attorney General was reported that he did not wish to intervene.

Because of this law a case brought by Norene Ebanks against the HSA for causing her 10year old daughter’s cerebral palsy could not proceed. It must be understood, however, the HSA denies any negligence that the claimant sais happened during her labour at the Hospital. Her daughter cannot walk.

Now Opposition Leader, McKeeva Bush, has filed a private member’s motion to amend the HSA Law, because he says legislators never intended to protect doctors from negligence claims when the law was passed. The clause was there only to provide some protection for directors, not doctors.

I must ask therefor these basic questions:

Who amended the HSA Law to include immunity for doctors?

How did it get passed by the Legislative Assembly?

“Neither the authority nor any director or EMPLOYEE” That’s pretty clear to me.

When MLA’s pass these laws don’t they bother to read them?

I am glad our Opposition Leader has filed the motion to amend and hope it will be passed by ALL members.

Print Friendly, PDF & Email

Speak Your Mind

*