$9m for an eye

A budding entertainer, who lost his left eye because of the negligence of a general practitioner who failed to promptly refer him to an eye specialist, has been awarded $8.6 million plus interest.

The claimant, Steve Wright, who had visited the defendant, Venkta Gudapati, on March 2, 2012, with an eye infection before he was referred to a specialist 28 days later, was deemed 10 per cent contributory negligent by the Supreme Court.

“Having regard to the length of time that he had the eye infection, the delicate nature of the eye, the fact the eye drops were not working, and because he was in pain, I believe that the claimant ought to have more swiftly sought treatment elsewhere after March 14, 2012, to prevent his condition worsening, “ Justice Natalie Hart Hines said in the judgment published last month.

Could have been saved

The judge also considered that Wright sought the advice of another medical doctor and waited two days before going to the Kingston Public Hospital (KPH) where he was referred after the doctor told him that his eye was in a “very bad” condition.

Hart Hines, however, found that Gudapati was negligent in his duty of care, which was supported by an ophthalmologist at the KPH, Dr Kevin Waite, whose view was that Wright’s eye could have been saved if he was referred to a specialist on the first or second visit. Furthermore, he said the standard of care given to Wright was not of the standard required or expected of general practitioners.

Hart Hines also relied on the defendant’s medical expert, a pharmacist, Dr Donald Cameron-Swaby, who noted that the patient should have been referred to a specialist if the symptoms failed to improve after one week or earlier if the condition were worsening.

Wright, who had visited the doctor in pain and with his eyes swollen, said he had three consultations before being referred to the Cuban Eye Clinic. He then went to see another doctor, Dr Lloyd Brooks, who gave him a referral for the KPH where he received further treatment and surgery to remove his left cornea and the contents of his eyeballs.

Swollen eye

Gudapati had diagnosed Wright on the first visit with keratitis, an inflammation of the left cornea as well as a fungal skin condition commonly referred to as ‘liver spots’.

According to the doctor, when he first examined Wright, he observed that the “left eye was swollen and the left cornea had a tiny white patchy area in the left lower quadrant”, but “the patient had normal vision”.

Consequently, he said he prescribed TobraDex eye drops to be used three times a day for one week and advised Wright to wear sunglasses to help alleviate any stress on his eyes and to return to his office if there was no improvement.

The defendant also contended that he had prescribed Terbisil once a day for two weeks and Terbicare Cream to treat the skin condition.

The doctor, however, said, when he saw Wright on March 30, he diagnosed him with corneal leukoma, which he explained was a “healed patch or scar of the cornea consequent to keratitis”.

According to the practitioner, he gave the appropriate treatment to the claimant. He also alleged that he had properly examined the claimant’s eye before prescribing treatment while denying that he had prescribed the wrong medication.

He also denied the allegation that he failed to notice the deterioration of the claimant’s condition, or that, having observed the continued deterioration of the claimant’s eye, he failed to refer him to a specialist promptly.

However, Hart Hines, in her judgment, said, “A doctor must provide medical treatment with reasonable care, utilising an appropriate level of knowledge and skill to address the patient’s condition. Where the doctor does not have the requisite skill or competence, he should refer the patient to a specialist.”

“The evidence of delay in referring the claimant to a specialist and the evidence that the TobraDex medication was inadequate to address the claimant’s condition and may have worsened his symptoms are sufficient for me to find on a balance of probabilities that the claimant would not have lost his left eye but for the negligence of the defendant.”

As a result, she awarded him $9 million in general damages for his pain and suffering and loss of amenities, plus three per cent interest per year from November 11, 2014, to May 14, 2024, special damages of $94,000 plus three per cent interest from November 11, 2014 to May 14, 2024 and US$2,875. The judge, however, deducted 10 per cent from the general damages

John Graham, King’s Counsel, and Lorna-Gaye Gooden represented Dudapati, while Raymond Samuel appeared for Wright.

tanesha.mundle@gleanerjm.com