Topic: Health Services Authority Law

The court judgment striking down the “immunity clause” in the Health Services Authority Law may be a hollow victory for Norene Ebanks and her disabled daughter Donette Thompson, but it could turn out to be a landmark triumph for other members of our society and for the general concept of justice in the Cayman Islands.

An “immunity clause” that protected negligent doctors in the Cayman Islands from civil lawsuits was unlawful, a judge has ruled.

She was the case study for changing the law to restore the rights of patients who believe they are victims of medical errors to claim compensation. But Donette Thompson may never benefit from the changes she inspired.

Cayman Islands lawmakers hit a home run with their repeal of the blanket immunity provision in the Health Services Authority Law – meaning they’re now batting about 1 for 8.

A controversial section of the Health Services Authority Law giving immunity from prosecution to negligent doctors and nurses was approved for repeal Friday, after a unanimous vote in the Legislative Assembly.

A marathon meeting of the Legislative Assembly that begins Wednesday is expected to take a few weeks to complete, putting the meeting’s end shortly before the government presents its next budget in late May.

Government will consider a bill to amend the Health Services Authority Law to repeal a controversial clause giving blanket immunity from lawsuits to its staff.

Patients who are victims of hospital negligence will have their right to seek compensation through the courts returned once legislative changes are approved, Premier Alden McLaughlin said Thursday.

Amendments to the Cayman Islands Health Services Authority Law that a local judge said provides authority employees with blanket immunity except in cases where “bad faith” is proven, were fully debated more than a decade ago with the ruling government supporting the legal change over the protests of then-opposition members, the Cayman Compass can reveal.

What immunity clauses such as Section 12 of the HSA Law do is create a climate of “victors versus victims,” where the victors are the public agencies, and the victims are the ordinary members of Cayman society.

Negligent medics were never intended to have blanket protection from being sued if a patient is killed or injured as a result of their mistakes, according to the health minister responsible for the legislation.

At 10 years old, Donette Thompson cannot walk or talk. She eats her meals through a tube and gets around in a wheelchair.

Doctors at the Cayman Islands Hospital cannot be sued if a patient suffers death or injury as a result of their negligence under current Cayman Islands Law, a judge has ruled.