THE High Court has dismissed a medical negligence claim brought by an accident victim against the North Central Regional Health Authority (NCRHA) after ruling that doctors at the Eric Williams Medical Sciences Complex, Mt Hope, exercised reasonable care in treating his 2011 fracture.

Vern Khan had alleged that hospital staff failed to provide timely surgery, neglected proper post-operative care and caused the permanent loss of function in his right arm. However, Justice Joan Charles found that the evidence, including his testimony and that of his expert witness, did not establish that medical staff deviated from accepted professional standards.

Justice Charles held that while Khan experienced delays in scheduling corrective surgery, those delays were attributable to systemic resource constraints in the public health system, not negligence. The court further accepted the testimony of consultant orthopaedic surgeon Dr Anil Kumar, who said the hospital’s initial 19-day delay for surgery was medically justified because Khan presented alcohol intoxication, elevated white blood cell counts, facial nerve palsy and signs of depression.