November 15 2016
START DATE
END DATE
December 2 2016
Raynol Shane Todd v. Dr. Annamalie Panagal Chelvam
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
The Supreme Court of Bermuda
CIVIL JURISDICTION Medical negligence
Ian RC Kawaley CJ
Bruce Swan Apex Law Limited
David Kessaram and Akilah Beckles Cox Hallett Wilkinson Limited
FACTS OF THE CASE:
The Plaintiff claimed the Defendant was negligent for not requesting imaging of the cervical spine which would have revealed a herniated disc. The Defendant admitted to a delay in diagnosis but disputed the extent of damage caused. The court found the Defendant breached their duty by not ordering a cervical MRI on July 29 2003 which would have diagnosed the Plaintiff's condition earlier. However it was not proven that the delay caused a worse outcome for the Plaintiff but it was self-evident that the Plaintiff suffered additional pain and suffering due to the delay.
SUMMARY:
In Favour Of Plaintiff
OUTCOMES:
RULED IN FAVOUR OF:
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Raynol Shane Todd v. Dr. Annamalie Panagal Chelvam
The Plaintiff claimed the Defendant was negligent for not requesting imaging of the cervical spine which would have revealed a herniated disc. The Defendant admitted to a delay in diagnosis but disputed the extent of damage caused. The court found the Defendant breached their duty by not ordering a cervical MRI on July 29 2003 which would have diagnosed the Plaintiff's condition earlier. However it was not proven that the delay caused a worse outcome for the Plaintiff but it was self-evident that the Plaintiff suffered additional pain and suffering due to the delay.