5/16/2014
START DATE
END DATE
25-Sep-14
Nanette Snowden v Dr Terri-Lynn Emery Dr Charles Dyer The Bermuda Hospitals Board
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
The Supreme Court of Bermuda
CIVIL JURISDICTION
Hellman J
Marc G Daniels
Paul Harshaw and Ms Alsha J Wilson (First Defendant) Kai Musson (Second Defendant) Allan Doughty (Third Defendant)
FACTS OF THE CASE:
The Plaintiff claimed damages for personal injury due to negligence and/or breach of duty from surgical procedures between October and December 2006. The ureter was accidentally transected during surgery. Subsequent medical complications led to the removal of the Plaintiff's kidney in June 2007.
SUMMARY:
The validity of the writ compliance with formal requirements reasonable cause of action extension of the limitation period
OUTCOMES:
The court found a satisfactory explanation for the Plaintiff's failure to renew the writ before its validity expired and extended the writ's validity. The Plaintiff's claims of negligence were to be struck out but the court allowed for a re-amended statement of claim focused on breach of contract allegations against the First and/or Second Defendants.
RULED IN FAVOUR OF:
Plaintiff/Claimant
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Nanette Snowden v Dr Terri-Lynn Emery Dr Charles Dyer The Bermuda Hospitals Board
The Plaintiff claimed damages for personal injury due to negligence and/or breach of duty from surgical procedures between October and December 2006. The ureter was accidentally transected during surgery. Subsequent medical complications led to the removal of the Plaintiff's kidney in June 2007.