A High Court judge has dismissed a negligence claim brought by a woman who alleged she suffered a knee injury after being struck by a door at the San Fernando General Hospital.
Sunita Harripersad sued the South-West Regional Health Authority (SWRHA) over an alleged incident at the hospital in 2019.
In a ruling delivered on Tuesday, Justice Margaret Mohammed found that while the hospital owed Harripersad a duty of care as a lawful visitor, she failed to prove that her knee condition was caused by any negligence on the part of hospital staff. The claim was dismissed, with Harripersad ordered to pay the SWRHA’s legal costs of $12,475.
Harripersad claimed that on 26 February 2019, while seated in the hospital’s asthma room with her husband—who was a patient at the time—an unidentified nurse suddenly opened a door that struck her left knee. She alleged the incident eventually led to arthroscopic surgery in March 2022.
She sought damages for pain and suffering, estimated between $40,000 and $50,000, as well as special damages of $3,900 for transportation expenses.
The SWRHA denied liability, arguing that the asthma room was safely designed and that there was no record of the alleged incident. It further contended that Harripersad’s knee condition was unrelated to trauma and noted that the area is restricted to patients, with only minors permitted to be accompanied.
While Justice Mohammed accepted that Harripersad was a lawful visitor, she noted there was no evidence she was improperly allowed into the area. The court also accepted evidence that the asthma room was safely configured and rejected claims that it posed a hazard to visitors.
The judge further found that Harripersad’s conduct after the alleged incident undermined her case, noting that she did not seek immediate medical attention while still at the hospital and only sought treatment approximately one month later.
Medical evidence presented by the SWRHA indicated that Harripersad suffered from early-onset osteoarthritis. Her arthroscopy reportedly showed only minor inflammation and wear-and-tear changes consistent with age, rather than trauma.
“The claimant has failed to prove that the discomfort she experienced in her left knee was due to any trauma from being struck by the back door. In the circumstances, the claimant has failed to prove that there was any causal connection between the actions of the defendant’s servants and/or agents and her injury. Therefore, the claimant has failed to prove that the defendant is liable,” Justice Mohammed said in her 18-page judgment.
She also found that Harripersad, who was represented by attorney Giri Dalbarry, failed to establish a causal link between the alleged incident and her knee condition, noting that it was “impossible for the trauma to reach that region.”
The SWRHA was represented by attorneys Shabaana Mohammed and Denelle Singh.
