Topic: Norene Ebanks

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.

A judge’s ruling in the case of a woman who tried to sue the Health Services Authority after her daughter was born with severe birth defects brought to light a little known “immunity clause” that protected doctors from legal action.

The Health Services Authority has paid out-of-court settlements to at least eight people who brought medical negligence claims against it since 2005, according to an affidavit from CEO Lizzette Yearwood.

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