Three years after her daughter died during child birth at the Georgetown Public Hospital Corpora-tion (GPHC), Mahaicony resident Hatty Anthony has filed a $15M lawsuit claiming that her death was caused by negligence.
The suit, which names the Attorney General, the Health Ministry and the GPHC as defendants, was brought by Anthony, in her capacity as the administrator of the estate of her daughter, Omadara Anthony, 22, who died on August 8th, 2012.
Although Guyana has been ranked as one of the five Caribbean countries with the highest maternal deaths, sources indicated that the action represents a significant development in local litigation as it is possibly the first medical negligence suit initiated after a maternal death. As a result, one source close to the matter told Stabroek News that whether the parties settle the suit out of court or a judge in the High Court decides, Omadara Anthony will not be forgotten.
Anthony’s lawyers, Eusi Anderson and Dexter Todd, declined to comment on the suit, while stating that the case is now sub judice (‘under judgment’).
In the indorsement of claim, the court is being asked to award damages under the Accidental Deaths and Personal Injuries (Damages) Act Chapter 99:05 and the Law Reform (Miscellane-ous) Provisions Act Chapter 6:02, in excess of $5,000,000 against the Ministry of Health and in excess of $5,000,000 against the GPHC for medical negligence when, at the hospital, “its employees and servants stationed there caused the death of Omadara Anthony by failing to provide sufficiently qualified, experienced, competent and professional staff to administer medical care during her caesarean section operation”.
The suit is also seeking in excess of $5,000,000 in damages under the laws “for pain, loss, suffering and emotional stress” brought about by the death.
The Attorney General, according to the filing, has been sued in his capacity as legal representative of the Ministry, which partially manages, controls and gives general policy directions and guidance to the GPHC.
At the time of her death, Omadara Anthony was an Immigration Officer. She was giving birth to her first child and had had no complications during her pregnancy. She was full term.
The GPHC had said in a press release at the time that the woman, whom they did not name, arrived at its Pre-natal unit at 2.10 PM on August 7th, 2012. She was immediately received by a doctor who administered medication.
“The foetus’ maturity level was at 39 weeks and she had a steady heart rate. The patient was continuously monitored and at 08:45h on August 8, 2012, she was transferred to the operating theatre for a cesarean section.
“At 08:52h a live baby girl was extracted. However, the patient experienced a cardiac arrest immediately after surgery. Several attempts were made to resuscitate the patient; unfortunately she succumbed,” the hospital statement said.
A distressed Hatty Anthony had previously told Stabroek News that she took her daughter to the hospital after she started experiencing labour pains. She returned the following day to see her and everything was fine.
She was on her way back to the hospital for her “normal midday visit” when a relative called to say that the young woman had died. The baby girl was Hatty Anthony’s first grandchild.
