Patient Compensated After Failing To Use Contraceptive Procedures

A Victoria Hospital patient, Tamara Pierre, has been heavily compensated after hospital staff failed to provide adequate care during the birth of her baby.

Pierre and her husband filed a lawsuit against the Attorney General of Saint Lucia alleging that AG acted on behalf of the negligence of its officers or agents, who at the material time were employees of Victoria Hospital, in the performance of their contractual and professional duties liable is owed to the Pierres.

In 2016, Pierre was admitted to Victoria Hospital while pregnant with her third child and was told she would have to undergo an emergency C-section when she delivered.

Pierre, who has had two complicated pregnancies before, told doctors that she would like to have a BTL (bilateral tube ligation), a permanent form of birth control, after the birth of her baby. Pierre signed an informed consent form to undergo the procedure.

She was discharged and sent home after a successful cesarean.

Pierre and her husband said they were under the impression that the BTL was successful until there was reason to believe Pierre was pregnant a few months after their baby was born.

Ms Pierre was released with her baby on September 14, 2016, and the Pierres claimed she had symptoms of pregnancy in July the following year.

Pierre and her husband had confirmed the suspicion in August and found that the operating doctor had not performed the BTL as instructed.

According to court records obtained by loop messages, Pierre’s claim that Dr. Maria Lopez, the obstetrician who operated on Pierre, explained that she did not perform the BTL because the baby might not survive and given Pierre’s desire to have another child in that case.

The Pierres alleged that the Defendant acted negligently as they (i) failed to perform the BTL as agreed; (ii) failed to inform the Pierres that the BTL was not carried out; and (iii) let the Pierres know that the BTL had been carried out, leading them to take no action whatsoever.

dr Lopez said that with a permanent procedure like a BTL, patient-doctor communication is not enough to perform it. She explained that she has no responsibility for performing any procedure in an emergency and therefore has no responsibility for not informing the patient and her spouse.

The Pierres claim that they suffered psychological, emotional, and financial turmoil due to negligence while caring for another child over the next eighteen years.

The court document states: “Contrary to what Pierre claims, the defendant, Dr BTL. They claim that Ms. Pierre got this from Dr. Wilson, the resident on the ward, while she was being readied for deployment. They claim that this request did not provide the necessary preoperative advice prior to performing a BTL.”

In their reply, the Pierres say that Ms. Pierre Dr. king and dr informed Wilson that she wanted the BTL to take place. They further say that the application for BTL is visible on the consent form signed by Ms. Pierre and a representative of the defendant.

Defendant contends that whatever the Pierres suffered is non-recoverable and moved to dismiss the lawsuit with costs.

A trial began on October 28, 2020 and ended after several months when the defendant was found negligent and the plaintiffs received compensation for negligence on the part of the defendant as follows:

  • Special damage of $484.55
  • General damages of $140,000.00
  • Interest on the sum of $140,484.55 at a rate of 6% per annum from the date of judgment until the date of payment.

Because dr Lopez was working for Victoria Hospital, a government agency, at the time, the government is obligated to pay compensation to the Pierres.

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