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Case details

Dr Kongsheik Achong Low (Appellant) v Brian Lezama (Administrator of the Estate of Karen Lezama, Deceased) (Respondent) (Trinidad and Tobago)

Case ID: JCPC 2018/0105

Jurisdiction: Court of Appeal of the Republic of Trinidad and Tobago

Case summary

Issue

The main issue arising on appeal is whether the Court of Appeal was correct to find that the Appellant’s negligent treatment caused the death of the Respondent’s wife.

Facts

In April 2003, Mrs Lezama (the Respondent’s now deceased wife) was 36 weeks pregnant. Following complications, Mrs Lezama was admitted to hospital and treated by the Appellant, a specialist obstetrician and gynaecologist. Mrs Lezama bled significantly after a stillbirth delivery. Her condition deteriorated and she later died. The Appellant identified Disseminated Intravascular Coagulopathy (a condition in which small blood clots develop throughout the bloodstream) as the primary cause of her death and post-partum haemorrhage as the secondary cause. The Respondent filed proceedings claiming that the Appellant’s negligent treatment was the cause of Mrs Lezama’s death. The courts below found in his favour. The Appellant now appeals to the Board.

Parties

Appellant(s)

Dr Kong Sheik Achong Low

Respondent(s)

Brian Lezema (Administrator of the Estate of Karen Lezema, Deceased)

Appeal

Justices

Lord Hodge, Lord Kitchin, Lord Leggatt, Lord Burrows, Dame Nicola Davies

Hearing start date

25 January 2022

Hearing finish date

26 January 2022

Watch hearing
25 Jan 2022 Morning session Afternoon session