Topic: immunity

Government has settled out of court with the family at the center of the legal battle over the controversial “section 12” clause that protected negligent doctors from lawsuits.

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.

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.

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.

The controversial immunity clause protecting negligent doctors from lawsuits is replicated in at least five other laws, including the National Roads Authority Law and the Development and Planning Law, which was passed last year.

It was interesting to read your editorial of Feb. 25 in which you called the immunity provision “legislative malpractice.” Justice Williams also expressed his discomfort with it. It should be noted, however, that this provision is found in most statutes in Cayman creating public authorities.