THE University Hospital of the West Indies (UHWI), in acknowledging that last Friday’s judgement by the Supreme Court, which ordered it to pay millions following a medical negligence suit, “may cause concern among patients, families and the wider public”, has reaffirmed its commitment “to transparency, transformation, accountability and continuous improvement, ensuring that every opportunity to strengthen [its] systems contributes to safer, higher quality care”.

In a statement issued to the media following the publication of the judgement in the Jamaica Observer Wednesday, the UHWI said “our thoughts remain with the family, whose loss is deeply tragic”.

“We recognise that no court decision can erase the pain of losing a loved one, and we extend our sincere condolences,” the hospital said.

In the meantime, the entity said it has “in recent years taken significant steps to strengthen its clinical governance, patient safety and quality assurance systems, while investing in modern technology, digital transformation, staff development and enhanced multidisciplinary care and improved governance”.

“These improvements reflect the hospital’s ongoing commitment to continuously strengthening the quality, safety and experience of care for every patient,” the UHWI said in the statement.

At the same time, the UHWI’s legal officer Kimani Brydson said, “As is standard practice following a judgement of this nature, [the entity’s] attorneys are reviewing the court’s comprehensive written judgement”.

“As part of UHWI’s ongoing transformation and commitment to responsive, patient-centred care, we recently launched dedicated customer care channels, providing patients and their families with a direct way to ask questions, share feedback, raise concerns or make complaints. The customer care team can be reached via
WhatsApp at 658-220-2907 or by e-mail at wecare@uhwi.gov.jm,” Brydson said.

“Every day, UHWI’s physicians, nurses, allied health professionals and support teams care for thousands of Jamaicans, performing complex surgical and medical procedures, treating critically ill patients and helping many recover. That responsibility is one we carry with humility and a steadfast commitment to continuously transforming and strengthening the quality and safety of the care we provide,” the UHWI said further.

Supreme Court Justice Anne-Marie Nembhard, in handing down the judgement, said the facility “fell below the standard of care” expected of it and also “breached the duty of care” provided to a 16-year-old girl, who died six days after being admitted to the hospital in March 2018.

The teen’s parents had sued the hospital’s board of management for failing to “use all proper professional skill, care, competence, and diligence during their investigation, diagnosis, management, and treatment” of their only child.

The court on Friday awarded approximately $1.7 million “for pain and suffering” endured by the child prior to her death. For loss of life/loss of expectation of life, the court awarded just over $344,000 with interest at three per cent per annum from April 15, 2021 to July 31 this year. In assessing how much the child, who was described as “a perennial high achiever”, would have lost in terms of earnings from before the trial to the last hearing date, the court awarded $6 million. In satisfying the parents’ claims for special damages, the court awarded just over $975,000 plus interest of three per cent per annum, from the date she died to the date the judgement was handed down. It also awarded US$8,000 in respect of the report prepared by the expert witness relied on in the case.

According to the civil negligence and estate lawsuit filed by the parents, on admission to UHWI, the parents informed the medical team that they suspected that their daughter was suffering from another bout of meningitis, an illness she had been previously diagnosed with. They were told that their daughter was suffering from hemiplegic migraine. After some 18 seizures and two heart attacks, the teen, who had also been placed on life support, was pronounced dead on April 5, 2018.

According to court documents, two medical professionals who gave evidence on behalf of the hospital maintained that the UHWI and its medical teams acted in accordance with standard practices and that there were no actions of negligence in the diagnosis, treatment and/or management of the teen.

However, the court, in choosing to rely on the evidence of an expert witness called by the parents, said there were “aspects of negligence on the part of the UHWI, which were of great concern”.