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Court of Appeal dismisses 1991 medical negligence suit

Published:Wednesday | June 3, 2015 | 10:36 AM

The Court of Appeal has dismissed the medical negligence case brought against Dr Ian Rodriquez and the Attorney General.

Charm Jackson had brought the case against them on behalf of her daughter, Kimola Merritt, who was treated at the Savanna-la-Mar hospital for meningitis.

The girl was treated between September and October 1986 when she was 11-months-old.

Jackson claimed that Rodriquez failed to properly treat her daughter and the failure resulted in the child suffering brain damage and other disabilities.

Rodriquez had denied negligence and the defendants said the suit was brought out of time.

It was argued that under the Public Authorities Protection Act the suit should have been brought within a year after the alleged medical negligence.

The suit was filed in the Supreme Court in 1991.

The claimant said the cause of action continued up to February 1994 when the child died at the age of eight.

However, the Court of Appeal upheld the Supreme Court ruling in 1995 that the action was not filed within the specified time and was statue-barred.